End of Life Choice Bill

  • enacted
12 Third opinion reached, if necessary to be given by psychiatrist if competence not established to satisfaction of 1 or both medical practitioners

(1)

This section applies if—

(a)

the following situation exists:

(i)

the attending medical practitioner reaches the opinion described in section 10(2)(a); and

(ii)

the independent medical practitioner reaches the opinion described in section 11(3)(c)(iii); or

(b)

the following situation exists:

(i)

the attending medical practitioner reaches the opinion described in section 10(2)(c); and

(ii)

the independent medical practitioner reaches the opinion described in section 11(3)(c)(i); or

(c)

the following situation exists:

(i)

the attending medical practitioner reaches the opinion described in section 10(2)(c); and

(ii)

the independent medical practitioner reaches the opinion described in section 11(3)(c)(iii).

(2)

The medical practitioners must jointly—

(a)

ask the SCENZ Group for the name and contact details of a specialist psychiatrist; and

(b)

ask the specialist psychiatrist for their opinion on whether the person requesting the option of receiving assisted dying is competent to make an informed decision about assisted dying.

(3)

The specialist psychiatrist must—

(a)

read the person’s medical files; and

(b)

examine the person; and

(c)

reach the opinion that—

(i)

the person is competent to make an informed decision about assisted dying; or

(ii)

the person is not competent to make an informed decision about assisted dying.

(4)

The specialist psychiatrist must—

(a)

complete a prescribed an approved form recording their opinion; and

(b)

send the completed form to the rRegistrar; and

(c)

send a copy of the completed form to—

(i)

the attending medical practitioner; and

(ii)

the independent medical practitioner.