End of Life Choice Act 2019

  • latest version but not yet in force
  • Corrections have been made to section 35(b) on 21 July 2020 under section 25(1)(j)(iii) of the Legislation Act 2012.
11 Request made

(1)

A person who wishes to exercise the option of receiving assisted dying must inform the attending medical practitioner of their wish.

(2)

The attending medical practitioner must—

(a)

give the person the following information:

(i)

the prognosis for the person’s terminal illness; and

(ii)

the irreversible nature of assisted dying; and

(iii)

the anticipated impacts of assisted dying; and

(b)

personally communicate by any means (for example, by telephone or electronic communication) with the person about the person’s wish at intervals determined by the progress of the person’s terminal illness; and

(c)

ensure that the person understands their other options for end-of-life care; and

(d)

ensure that the person knows that they can decide at any time before the administration of the medication not to receive the medication; and

(e)

encourage the person to discuss their wish with others such as family, friends, and counsellors; and

(f)

ensure that the person knows that they are not obliged to discuss their wish with anyone; and

(g)

ensure that the person has had the opportunity to discuss their wish with those whom they choose; and

(h)

do their best to ensure that the person expresses their wish free from pressure from any other person by—

(i)

conferring with other health practitioners who are in regular contact with the person; and

(ii)

conferring with members of the person’s family approved by the person; and

(i)

record the actions they have taken to comply with paragraphs (a) to (h) in the first part of the approved form that requests the option of receiving assisted dying.