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This is a Bill, not an Act. For current law, see the Acts databases.
[BIL031-A.HAA]
House of Assembly—No 17
As laid on the table and read a first time,
24 September 2003
South Australia
[Prepared by the Parliamentary Counsel on the
instructions of the Hon. R. Such, M.P.]
A Bill For
An Act to provide for the administration of medical
procedures to assist the death of patients who are hopelessly ill, and who have
expressed a desire for the procedures subject to appropriate safeguards.
[OPC-HA]
Contents
1.Short title
2.Commencement
3.Objects
4.Definitions
5.Who may request voluntary
euthanasia
6.Kinds of request
7.Information to be given before
formal request is made
8.Form of request for voluntary
euthanasia
9.Procedures to be observed in
the making and witnessing of requests
10.Appointment of trustees
11.Revocation of request
12.Register of requests for
voluntary euthanasia
13.Registrar's powers of inquiry
14.Administration of voluntary
euthanasia
15.Person may decline to
administer or assist the administration of voluntary euthanasia
16.Protection from liability
17.Restriction on publication
18.Report to coroner
19.Cause of death
20.Insurance
21.Offences
22.Dignity in Dying Act Monitoring
Committee
23.Annual report to Parliament
24.Regulations
Schedule 1—Current request for
voluntary euthanasia
Schedule 2—Advance request for
voluntary euthanasia
Schedule 3—Certificate of
confirmation
Schedule 4—Report to State
Coroner
The Parliament of South Australia enacts as follows:
Short title
1. This Act may be cited as the
Dignity in Dying Act 2003.
Commencement
2. This Act will come into
operation 6 months after the date of assent or on an earlier date fixed by
proclamation.
Objects
3. The objects of this Act are-—
(a)to give competent adults the right
to make informed choices about the time and manner of their death should they
become hopelessly ill;
(b)to ensure that hopelessly ill
people who have voluntarily requested euthanasia can obtain appropriate and
humane medical assistance to hasten death;
(c)to ensure that people who may want
to request euthanasia are given adequate information before making their
request (including information about palliative care) and are not subject to
duress or other undue pressure to make a request;
(d)to ensure that the administration
of euthanasia is subject to other appropriate safeguards and supervision;
(e)to recognise the right of medical
practitioners and other persons to refuse to participate in the administration
of euthanasia.
Definitions
4. In this Act—
"adult" means of or above the age
of 18 years;
"advance request"—see section 6(1);
"current request"—see section 6(1);
"hopelessly ill"—a person is hopelessly ill
if the person has an injury or illness—
(a)that will result, or has resulted,
in serious mental impairment or permanent deprivation of consciousness; or
(b)that seriously and irreversibly
impairs the person's quality of life so that life has become intolerable to
that person and there is no realistic chance of clinical improvement;
"medical practitioner" means a person registered
as a medical practitioner under the Medical Practitioners Act 1983;
"palliative care specialist" means a medical
practitioner who is registered on the specialist register under the Medical
Practitioners Act 1983 and whose principal area of practice is the
provision of palliative care;
"Registrar"—see section 12(2);
"voluntary euthanasia" means the administration of
medical procedures, in accordance with this Act, to assist the death of a
hopelessly ill person in a humane way.
Who may request voluntary
euthanasia
5. An adult person who is of
sound mind may make a formal request for voluntary euthanasia.
Kinds of request
6. (1) A formal request for
voluntary euthanasia must be of one of the following kinds—
(a)a request (a "current
request") by a hopelessly ill person that is intended to be effective
without further deterioration of the person's condition; or
(b)a request (an "advance
request") by a person who is not hopelessly ill that is intended to
take effect when the person who makes the request becomes hopelessly ill or
after the person becomes hopelessly ill and the person's condition deteriorates
to a point described in the request.
(2) A formal request for
voluntary euthanasia overrides an earlier formal request and, in particular, a
current request for voluntary euthanasia overrides an earlier advance request.
Information to be given before
formal request is made
7. (1) If a person proposes to make
a current request or an advance request for voluntary euthanasia, a medical
practitioner must, before the formal request is made, ensure that the person is
fully informed—
(a)if the person is hopelessly ill or
suffering from an illness that may develop into a hopeless illness—
(i)of the diagnosis and prognosis of
the person's illness; and
(ii)of the forms of treatment that may
be available and their respective risks, side effects and likely outcomes; and
(iii)of the extent to which the effects
of the illness could be mitigated by appropriate palliative care; and
(b)if the proposed request is a
current request—of the proposed voluntary euthanasia procedure, risks
associated with the procedure and feasible alternatives to the procedure
(including the possibility of providing appropriate palliative care until death
ensues without administration of voluntary euthanasia); and
(c)if the proposed request is an
advance request—of feasible voluntary euthanasia procedures and the risks associated
with each of them.
(2) If a medical practitioner
providing a person with information in accordance with subsection (1)(a)(iii)
is not a palliative care specialist, the medical practitioner must, if
reasonably practicable, consult a palliative care specialist about the person's
illness and the extent to which its effects would be mitigated by appropriate
palliative care before giving the person this information.
Form of request for voluntary
euthanasia
8. (1) A formal request for
voluntary euthanasia must be made in writing—
(a)in the case of a current
request—in the form prescribed by Schedule 1; or
(b)in the case of an advance request—in
the form prescribed by Schedule 2.
(2) However, if the person
making the request is unable to write, the person may make the request orally
in which case the appropriate form—
(a)must be completed by the witnesses
on behalf of the person in accordance with the person's expressed wishes; and
(b)must, instead of the person's
signature, bear an endorsement signed by each witness to the effect that the
form has been completed by the witnesses in accordance with the person's
expressed wishes.
(3) If practicable, a request
for voluntary euthanasia that has been made orally must be recorded on
videotape.
Procedures to be observed in the
making and witnessing of requests
9. (1) A formal request for
voluntary euthanasia must be made in the presence of a medical practitioner and
two adult witnesses.
(2) The medical practitioner and
both of the witnesses must certify that the person who made the request—
(a)appeared to be of sound mind; and
(b)appeared to understand the nature
and implications of the request; and
(c)did not appear to be acting under
duress.
(3) The medical practitioner
must also certify—
(a)that the medical practitioner gave
the person requesting voluntary euthanasia the information required under this
Act1 before the formal request was made; and
(b)in the case of a current
request—that the medical practitioner, after examining the person for symptoms
of depression—
(i)has no reason to suppose that the
person is suffering from treatable clinical depression; or
(ii)if the person does exhibit
symptoms of depression—is of the opinion that treatment for depression, or
further treatment for depression, is unlikely to influence the person's
decision to request voluntary euthanasia.
1. See section 7.
Appointment of trustees
10. (1) A person who makes an
advance request for voluntary euthanasia may, in the instrument of request,
appoint one or more persons to be trustees of the request.
(2) A person is only eligible
for appointment as a trustee of a request for voluntary euthanasia if the
person is an adult.
(3) The functions of a trustee
of the request are—
(a)to satisfy herself or himself that
the preconditions for administration of voluntary euthanasia have been
satisfied; and
(b)to make any necessary arrangements
to ensure, as far as practicable, that voluntary euthanasia is administered in
accordance with the wishes of the person who requested it.
(4) If a person appoints two or
more persons as trustees of a request for voluntary euthanasia, the instrument
of request must indicate the order of appointment and, in that case, if the
person designated first in order of appointment is unavailable, the person
designated second in order of appointment is to act as trustee of the request,
if the first and the second are not available, the person designated third in
order of appointment is to act as trustee of the request, and so on, but the
instrument of request may not provide for two or more persons to act jointly as
trustees of the request.
Revocation of request
11. (1) A person may revoke a
request for voluntary euthanasia at any time.
(2) A written, oral, or other
indication of withdrawal of consent to voluntary euthanasia is sufficient to
revoke the request even though the person may not be mentally competent when
the indication is given.
(3) A person who, knowing of the
revocation of a request for voluntary euthanasia, deliberately or recklessly
fails to communicate that knowledge to the Registrar is guilty of an offence.
Maximum penalty:Imprisonment for
10 years.
Register of requests for voluntary
euthanasia
12. (1) The Minister must maintain a
register of requests for voluntary euthanasia (the "Register").
(2) The Register will be
administered by a suitable person (the "Registrar") assigned
to administer the Register by the Minister.
(3) If a person who has made a
formal request for voluntary euthanasia applies to the Registrar for
registration of the request, the Registrar must, on receipt of a copy of the
request, register the request in the Register.
(4) If the Registrar is
satisfied that a request for voluntary euthanasia has been revoked, the
Registrar must register the revocation in the Register.
(5) The Registrar must, at the
request of a medical practitioner who is attending a hopelessly ill patient—
(a)inform the medical practitioner
whether a request by the patient for voluntary euthanasia is registered in the
Register; and
(b)inform the medical practitioner
whether any revocation of the patient's request for voluntary euthanasia is
registered in the Register; and
(c)if a request by the patient for
voluntary euthanasia is registered in the Register and no revocation of that
request is registered in the Register—give the medical practitioner a copy of
the registered request.
(6) No fee may be charged in
respect of a duty of the Registrar under this section.
(7) The regulations may
prescribe conditions for access to the Register.
Registrar's powers of inquiry
13. (1) The Registrar may conduct an
inquiry to determine whether information recorded, or proposed to be recorded,
in the Register is reliable.
(2) The Registrar may, by notice
given to a person who may be able to provide information relevant to an inquiry
under this section, require the person to answer specified questions or to
provide other information within a time and in a way specified in the notice.
(3) A person who fails, without
reasonable excuse, to comply with a notice under subsection (2) is guilty
of an offence.
Maximum penalty:$1 250.
Administration of voluntary
euthanasia
14. (1) A medical practitioner may
administer voluntary euthanasia to a patient if—
(a)the patient is hopelessly ill; and
(b)the patient has made a request for
voluntary euthanasia under this Act and there is no reason to believe that the
request has been revoked; and
(c)the patient has not expressed a
desire to postpone the administration of voluntary euthanasia; and
(d)the medical practitioner, after
examining the patient—
(i)has no reason to suppose that the
patient is suffering from treatable clinical depression; or
(ii)if the patient does exhibit
symptoms of depression—is of the opinion that treatment for depression, or
further treatment for depression, is unlikely to influence the patient's
decision to request voluntary euthanasia; and
(e)if the patient is mentally
incompetent but has appointed a trustee of the request for voluntary
euthanasia, the trustee is satisfied that the preconditions for administration
of voluntary euthanasia have been satisfied; and
(f)since the time of the patient's
request for voluntary euthanasia, another medical practitioner who is not
involved in the day to day treatment or care of the patient has personally
examined the patient and has given a certificate in the form prescribed by
Schedule 3 (the "certificate of confirmation") certifying—
(i)that the patient is hopelessly
ill; and
(ii)that—
(A)there is no reason to suppose that
the patient is suffering from treatable clinical depression; or
(B)if the patient does exhibit
symptoms of depression—the practitioner is of the opinion that treatment for
depression, or further treatment for depression, is unlikely to influence the
patient's decision to request voluntary euthanasia; and
(g)at least 48 hours have elapsed
since the time of the examination referred to in paragraph (f).
(2) A medical practitioner may
only administer voluntary euthanasia as follows—
(a)by administering drugs in
appropriate concentrations to end life painlessly and humanely; or
(b)by prescribing drugs for self
administration by a patient to allow the patient to die painlessly and
humanely; or
(c)by withholding or withdrawing
medical treatment in circumstances that will result in a painless and humane
end to life.
(3) In administering voluntary
euthanasia, a medical practitioner must give effect, as far as practicable, to—
(a)the expressed wishes of the
patient; or
(b)if the patient is mentally
incompetent, but has appointed a trustee of the request who is available to be
consulted—the expressed wishes of the trustee (so far as they are consistent
with the patient's expressed wishes).
Person may decline to administer
or assist the administration of voluntary euthanasia
15. (1) A medical practitioner may
decline to carry out a request for the administration of voluntary euthanasia
on any grounds.
(2) However, if a patient who
has requested voluntary euthanasia is hopelessly ill and the medical practitioner
who has the care of the patient declines to administer voluntary euthanasia,
the medical practitioner must inform the patient or the trustee of the
patient's request that another medical practitioner may be prepared to consider
the request.
(3) A person may decline to
assist a medical practitioner to administer voluntary euthanasia on any grounds
without prejudice to the person's employment or other forms of adverse
discrimination.
(4) The administering authority
of a hospital, hospice, nursing home or other institution for the care of the
sick or infirm may refuse to permit voluntary euthanasia within the institution
but, if it does so, must take reasonable steps to ensure that the refusal is
brought to the attention of patients entering the institution.
Protection from liability
16. A medical practitioner who
administers voluntary euthanasia in accordance with this Act, or a person who
assists a medical practitioner to administer voluntary euthanasia in accordance
with this Act, incurs no civil or criminal liability by doing so.
Restriction on publication
17. A person must not publish by
newspaper, radio, television or in any other way, a report tending to identify
a person as being involved in the administration of voluntary euthanasia under
this Act, unless—
(a)the person consents to the
publication; or
(b)the person has been charged with
an offence in relation to the administration or alleged administration of
voluntary euthanasia.
Maximum penalty:$5 000 or
imprisonment for one year.
Report to coroner
18. (1) A medical practitioner who
administers voluntary euthanasia must make a report to the State Coroner within
48 hours after doing so.
Maximum penalty:$5 000.
(2) The report—
(a)must be in the form prescribed by
Schedule 4; and
(b)must be accompanied by—
(i)the request for voluntary
euthanasia or, if the request is registered under this Act, a copy of the
request; and
(ii)the certificate of confirmation
given by another medical practitioner1.
1. See section 14(1)(f).
(3) The State Coroner must
forward to the Minister copies of the reports made under this section and the
accompanying materials.
Cause of death
19. (1) Death resulting from the
administration of voluntary euthanasia in accordance with this Act is not
suicide or homicide.
(2) If voluntary euthanasia is
administered in accordance with this Act, death is taken to have been caused by
the patient's illness.
Insurance
20. (1) An insurer is not entitled
to refuse to make a payment that is payable under a life insurance policy on
death of the insured on the ground that the death resulted from the
administration of voluntary euthanasia in accordance with this Act.
(2) A person is not obliged to
disclose an advance request for voluntary euthanasia to an insurer, and an
insurer must not ask a person to disclose whether the person has made an
advance request for voluntary euthanasia.
Maximum penalty:$10 000.
(3) This section applies
notwithstanding an agreement between a person and an insurer to the contrary.
Offences
21. (1) A person who makes a false
or misleading representation in a formal request for voluntary euthanasia or
other document under this Act, knowing it to be false or misleading, is guilty
of an offence.
Maximum penalty:Imprisonment for
10 years.
(2) A person who, by dishonesty
or undue influence, induces another to make a formal request for voluntary
euthanasia is guilty of an offence.
Maximum penalty:Imprisonment for
10 years.
(3) A person convicted or found
guilty of an offence against this section forfeits any interest that the person
might otherwise have had in the estate of the person who has made the request
for voluntary euthanasia.
Dignity in Dying Act Monitoring
Committee
22. (1) The Minister must establish
a committee to be called the Dignity in Dying Act Monitoring Committee
(the "Committee").
(2) The Committee will consist
of no more than eight members appointed by the Minister of whom—
(a)one must be a person nominated by
the South Australian Branch of the Australian Medical Association Inc.; and
(b)one must be a person nominated by
The Law Society of South Australia; and
(c)one must be a person nominated by
the Palliative Care Council of South Australia Inc.; and
(d)one must be a person nominated by
the South Australian Voluntary Euthanasia Society Inc.; and
(e)one must be a person nominated by
the South Australian Council of Churches Inc..
(3) The functions of the
Committee are—
(a)to monitor and keep under constant
review the operation and administration of this Act; and
(b)to report to the Minister, on the
Committee's own initiative or at the request of the Minister, on any matter
relating to the operation or administration of this Act; and
(c)to make recommendations to the
Minister regarding possible--—
(i)amendments to this Act; or
(ii)improvements to the administration
of this Act,
which, in the opinion of the
Committee, would further the objects of this Act.
(4) The Minister must provide
the Committee with a copy of each report received from the Coroner under
section 18(3).
(5) A member of the Committee
holds office on such conditions and for such term as the Minister determines.
(6) A member of the Committee is
entitled to such allowances and expenses as the Minister may determine.
(7) Subject to directions of the
Minister, the Committee may conduct its business in such manner as it thinks
fit.
Annual report to Parliament
23. On or before 30 September in
each year, the Minister must make a report to Parliament on the administration
and operation of this Act during the year that ended on the preceding
30 June.
Regulations
24. The Governor may make
regulations for the purposes of this Act.
Schedule 1—Current request for
voluntary euthanasia
1.
I [here
set out full name and residential address of the person making the request] make
a request for voluntary euthanasia.
2.
I believe
that I am presently hopelessly ill and intend the request to be carried out in
accordance with the directions given below.
3.
I am not
acting under duress.
4.
I have
received the information required under section 7 of the Dignity in Dying
Act 20031.
5.
I give the
following directions about the timing, place and method of voluntary
euthanasia:
[Here
set out directions. If any of these matters are to be left to the discretion of
a medical practitioner, there should be a statement to that effect.]
................................................................................................................................. .
.
(signature2)
Date:
Witnesses'
certificate
We [here set out the names and
addresses of the two adult witnesses to the request] certify that—
(a)the above request for voluntary
euthanasia was made in our presence; and
(b)the person who made the request
appeared to be of sound mind and appeared to understand the nature and
implications of the request; and
(c)the person who made the request
did not appear to be acting under duress.
....................................................................................................................................
(signature)
....................................................................................................................................
(signature)
Medical
practitioner's certificate
I [here set out the name and
address of the medical practitioner in whose presence the request is made] certify
that—
(a)the above request for voluntary
euthanasia was made in my presence; and
(b)the person who made the request
appeared to be of sound mind and appeared to understand the nature and
implications of the request; and
(c)the person who made the request
did not appear to be acting under duress; and
(d)before the above request was made
I provided the person making the request with the information required under
section 7 of the Dignity in Dying Act 20031; and
(e)after examining the person making
the above request—
×I have no reason to suppose that
the person is suffering from treatable clinical depression
or*
×I have found that the person does
exhibit symptoms of depression but I am of the opinion that treatment for
depression, or further treatment for depression, is unlikely to influence the
person's decision to request voluntary euthanasia.
[*Medical practitioner
must delete the statement that is inapplicable]
....................................................................................................................................
(signature)
Notes
1. Section 7 of the Dignity in
Dying Act 2003 provides as follows:
Information to be given before
formal request is made
7.(1) If a person proposes to make a
current request or an advance request for voluntary euthanasia, a medical
practitioner must, before the formal request is made, ensure that the person is
fully informed—
(a)if the person is hopelessly ill or
suffering from an illness that may develop into a hopeless illness—
(i)of the diagnosis and prognosis
of the person's illness; and
(ii)of the forms of treatment that
may be available and their respective risks, side effects and likely outcomes;
and
(iii)of the extent to which the
effects of the illness could be mitigated by appropriate palliative care; and
(b)if the proposed request is a
current request—of the proposed voluntary euthanasia procedure, risks associated
with the procedure and feasible alternatives to the procedure (including the
possibility of providing appropriate palliative care until death ensues without
administration of voluntary euthanasia); and
(c)if the proposed request is an
advance request—of feasible voluntary euthanasia procedures and the risks
associated with each of them.
(2)
If a medical practitioner providing a person with information in accordance
with subsection (1)(a)(iii) is not a palliative care specialist, the
medical practitioner must, if reasonably practicable, consult a palliative care
specialist in relation to the person's illness before giving the person this
information.
2. If the person making the request
is unable to sign the request, the request must, instead of the signature, bear
an endorsement signed by the two adult witnesses to the effect that the form
has been completed by the witnesses in accordance with the person's expressed
wishes.
Schedule 2—Advance request for
voluntary euthanasia
1.
I [here
set out full name and residential address of the person making the request] make
a request for voluntary euthanasia.
2.
This is an advance request which I make in
anticipation of becoming at some future time hopelessly ill and incompetent to
make the request and I ask that the request be carried out, in that event, in
accordance with the directions given below.
3.
I am not
acting under duress.
4.
I appoint [here
set out name and address of trustee or trustees] as trustees of this
request1.
5.
I have
received the information required under section 7 of the Dignity in Dying
Act 20032.
6.
I give the
following directions about the timing, place and method of voluntary
euthanasia:
[Here
set out directions. If any matters are to be left to the discretion of a
trustee of the request or a medical practitioner, there should be a statement
to that effect.]
....................................................................................................................................
(signature3)
Date:
Witnesses'
certificate
We [here set out the names and
addresses of the two adult witnesses to the request] certify that—
(a)the above request for voluntary
euthanasia was made in our presence; and
(b)the person who made the request
appeared to be of sound mind and appeared to understand the nature and
implications of the request; and
(c)the person who made the request
did not appear to be acting under duress.
....................................................................................................................................
(signature)
....................................................................................................................................
(signature)
Medical
practitioner's certificate
I [here set out the name and
address of the medical practitioner in whose presence the request is made] certify
that—
(a)the above request for voluntary
euthanasia was made in my presence; and
(b)the person who made the request
appeared to be of sound mind and appeared to understand the nature and
implications of the request; and
(c)the person who made the request
did not appear to be acting under duress; and
(d)before the above request was made
I provided the person making the request with the information required under
section 7 of the Dignity in Dying Act 20032; and
(e)after examining the person making
the above request—
×I have no reason to suppose that
the person is suffering from treatable clinical depression
or*
×I have found that the person does
exhibit symptoms of depression but I am of the opinion that treatment for
depression, or further treatment for depression, is unlikely to influence the
person's decision to request voluntary euthanasia.
[*Medical practitioner
must delete the statement that is inapplicable]
....................................................................................................................................
(signature)
Certificate
of trustee of the request1
I [here set out the name and
address of the trustee] certify that—
(a)I am willing to undertake the
responsibilities of a trustee of the above request for voluntary euthanasia
under the Dignity in Dying Act 2003; and
(b)I will act in that capacity in
accordance with the desires of the person who makes the request (so far as they
are known to me) and, subject to that, in what I genuinely believe to be that
person's best interests.
....................................................................................................................................
(signature)
Notes
1. The appointment of a trustee (or
trustees) of the request is optional (and if a trustee is not to be appointed
the provisions for appointment should be struck from the form). If two or more trustees are appointed the
order of appointment must be indicated by placing the numbers 1, 2, 3....
beside each name. This indicates that if
the first is not available, the second is to act as trustee of the request, if
the first and second are not available, the third is to act, and so on. It
should be noted that the instrument of request cannot provide for two or more
persons to act jointly as trustees of the request. (See section 10(4) of the Dignity
in Dying Act 2003.)
2. Section 7 of the Dignity in
Dying Act 2003 provides as follows:
Information to be given before
formal request is made
7.(1) If a person proposes to make a
current request or an advance request for voluntary euthanasia, a medical
practitioner must, before the formal request is made, ensure that the person is
fully informed—
(a)if the person is hopelessly ill or
suffering from an illness that may develop into a hopeless illness—
(i)of the diagnosis and prognosis
of the person's illness; and
(ii)of the forms of treatment that
may be available and their respective risks, side effects and likely outcomes;
and
(iii)of the extent to which the
effects of the illness could be mitigated by appropriate palliative care; and
(b)if the proposed request is a
current request—of the proposed voluntary euthanasia procedure, risks
associated with the procedure and feasible alternatives to the procedure
(including the possibility of providing appropriate palliative care until death
ensues without administration of voluntary euthanasia); and
(c)if the proposed request is an
advance request—of feasible voluntary euthanasia procedures and the risks
associated with each of them.
(2)
If a medical practitioner providing a person with information in accordance with
subsection (1)(a)(iii) is not a palliative care specialist, the medical
practitioner must, if reasonably practicable, consult a palliative care
specialist in relation to the person's illness before giving the person this
information.
3. If the person making the request
is unable to sign the request, the request must, instead of the signature, bear
an endorsement to the effect that it has been completed by the two adult
witnesses in accordance with the person's expressed wishes.
Schedule 3—Certificate of
confirmation
I
[here set out full name and address of the medical practitioner who gives
the certificate of confirmation] certify as follows:
1. I personally examined [here
set out full name and residential address of the patient] at [here set
out place of examination] at [here set out time of examination] on [here
set out date of examination].
2.
I am not
involved in the day to day treatment or care of the patient.
3.
I find the
patient to be suffering from the following illness:
[here set out description of the
patient's illness]
4.
In my
opinion the patient is hopelessly ill for the following reasons:
[here set out reasons for
believing the patient to be hopelessly ill]
5. After examining the patient—
×I have no reason to suppose that
the patient is suffering from treatable clinical depression
or*
×I find that the patient did
exhibit symptoms of depression but I am of the opinion that treatment for
depression, or further treatment for depression, is unlikely to influence the
patient's decision to request voluntary euthanasia.
[*delete the statement
that is inapplicable]
....................................................................................................................................
(signature)
Date.
. . . . . . . . . .
Schedule 4—Report to State Coroner1
I
[here set out full name and address of the medical practitioner who
administered voluntary euthanasia] administered voluntary euthanasia to [here
set out full name and residential address of the patient] at [here set
out place of administration] on [here set out date of administration].
1.
The patient
had been in my care for [here set out the period].
2.
The nature
of the patient's illness was as follows:
[here set out description of the
patient's illness]
3.
In my
opinion the patient was hopelessly ill for the following reasons:
[here set out reasons for
believing the patient to be hopelessly ill]
4. After examining the patient—
×I had no reason to suppose that
the patient was suffering from treatable clinical depression
or*
×I found that the patient did
exhibit symptoms of depression but I am of the opinion that treatment for
depression, or further treatment for depression, was unlikely to influence the
patient's decision to request voluntary euthanasia.
[*delete the statement
that is inapplicable]
5.
Voluntary
euthanasia was administered as described below:
[here set out time, place and
method of administration]
6.
The death
ensued as follows:
[here state time, place and manner
of death]
....................................................................................................................................
(signature)
Date:.
. . . . . . . . . .
Notes
1. This report must be accompanied
by—
(a)the request for voluntary
euthanasia or, if the request is registered under the Dignity in Dying Act
2003, a copy of the request; and
(b)the certificate of confirmation
given by another medical practitioner under section 14(1)(f) of the Dignity
in Dying Act 2003.
Printed under
the authority of the Government Printer