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 sl 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 COANDN F (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.! RW NF OO Non-liability of medical staff for properly administered palliative care warn ananN 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 medical treatment with the sole intention of relieving pain or distress— 22 (a) in good faith and without negligence; and 23 (b) in compliance with section 2; and 24 (c) in accordance with proper professional standards of palliative 25 care; 26 Guardianship and Administration Act 2000, section 66 (Adult with impaired capacity—order of priority in dealing with health matter) Criminal Code, section 296 (Acceleration of death) s4 5 s5 Care of Terminally-ill Patients Bill 2002 even though an incidental effect of the treatment is to shorten the life of the patient. 4 Determination of cause of death For the purposes of the law of the State, the administration of medical treatment for the relief of pain or distress in accordance with section 3 does not constitute an intervening cause of death. 5 Saving provision In order to avoid any possible doubt, it is declared that— (a) this Act does not authorise the administration of medical treatment for the purpose of causing the death of the person to whom the treatment is administered; and (b) this Act does not authorise a person to assist the suicide of another. Ne DAN Ww 11 13