Care of Terminally-ill Patients Bill 2002* (Qld)

Queensland

CARE OF TERMINALLY-ILL PATIENTS BILL 2002

Queensland

CARE OF TERMINALLY-ILL PATIENTS BILL 2002

TABLE OF PROVISIONS Section Page 1 Short title... eee eee ene 4 2 Palliative care of terminally-ill patients....................00000000. 4 3 Non-liability of medical staff for properly administered palliative care... . 4 4 Determination of cause of death ........... 0.006. e eee eee eee 5 5 Saving Provision... 0.6... . eee eee eens 5

A BILL FOR

An Act to clarify the obligations of doctors treating terminally-ill patients

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4 s3 Care of Terminally-ill Patients Bill 2002

The Parliament of Queensland enacts— 1

Short title 2

This Act may be cited as the Care of Terminally-ill Patients Act 2002.

When a person in the terminal phase of a terminal illness (a "terminally-ill patient'') is in such severe pain that adequate relief from the pain can only be obtained by the administration of pain-relieving drugs in doses that may shorten the patient's life, a medical practitioner who is considering the administration of the drugs in such doses may only administer the drugs in those doses—

A medical practitioner responsible for the treatment or care of a terminally-ill patient, or a person participating in the treatment or care of the patient under the medical practitioner's supervision, incurs no civil or 9

Palliative care of terminally-ill patients

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(a) if the patient has capacity to make decisions about health matters—with the informed consent of the patient; or

(b) if the patient has impaired capacity—in compliance with the Guardianship and Administration Act 2000, section 66.!

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Non-liability of medical staff for properly administered palliative care

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criminal liability (and in particular is not to be taken to have shortened the 20 life of the patient under the Criminal Code, section 2967) by administering 21