End of Life Choice Bill

  • enacted
7 Assisted dying must not be initiated by health practitioner

(1)

A health practitioner who provides any health service to a person must not, in the course of providing that service to the person,

(a)

initiate any discussion with the person that, in substance, is about assisted dying under this Act; or

(b)

make any suggestion to the person that, in substance, is a suggestion that the person exercise the option of receiving assisted dying under this Act.

(2)

Subsection (1) does not prevent a health practitioner from

(a)

discussing with a person, at that person’s request, assisted dying under this Act; or

(b)

providing information to a person, at that person’s request, about assisted dying under this Act.

(3)

A health practitioner who contravenes subsection (1)

(a)

is not to be treated as having committed an offence under section 27(1); but

(b)

may under the Health and Disability Commissioner Act 1994 be found by the Health and Disability Commissioner or held by the Human Rights Review Tribunal to have acted in breach of the Code of Health and Disability Services Consumers’ Rights by providing services that do not comply with relevant legal standards; and

(c)

may be the subject of disciplinary proceedings for professional misconduct under the Health Practitioners Competence Assurance Act 2003.

(4)

In this section, health service has the meaning given to it by section 5(1) of the Health Practitioners Competence Assurance Act 2003.