Medical Innovation Bill (HL Bill 4)

A

BILL

TO

Make provision about innovation in medical treatment.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Responsible innovation

(1) The purpose of this Act is to encourage responsible innovation in medical
treatment (and accordingly to deter reckless irresponsible innovation).

(2) It is not negligent for a doctor to decide to depart from the existing range of
5accepted treatments for a condition if the decision is taken in accordance with
a process which is accountable, transparent and allows full consideration of all
relevant matters.

(3) That process must include—

(a) consultation with appropriately qualified colleagues, including any
10relevant multi-disciplinary team;

(b) notification in advance to the doctor’s responsible officer;

(c) consideration of any opinions or requests expressed by or on behalf of
the patient;

(d) obtaining any consents required by law; and

(e) 15consideration of all matters that appear to the doctor to be reasonably
necessary to be considered in order to reach a clinical judgment,
including assessment and comparison of the actual or probable risks
and consequences of different treatments.

(4) Nothing in this section—

(a) 20permits a doctor to administer treatment for the purposes of research or
for any purpose other than the best interests of the patient, or

(b) abolishes any rule of the common law in accordance with which a
decision to innovate is not negligent if supported by a responsible body
of medical opinion.

(5) 25In this section—

Medical Innovation BillPage 2

(a) “doctor” means a person listed in the register of medical practitioners
under section 2 of the Medical Act 1983;

(b) “responsible officer” has the same meaning as in Part 5A of that Act;
and

(c) 5a reference to treatment of a condition includes a reference to its
management (and a reference to treatment includes a reference to
inaction).

2 Short title, commencement and extent

(1) This Act may be cited as the Medical Innovation Act 2014.

(2) 10This Act comes into force on the day on which it is passed.

(3) This Act extends only to England and Wales.