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Amendments to the Patients' Protection Bill [HL]

Patients' Protection Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

[Amendments marked * are new or have been altered]

Amendment
No.

 

After Clause 1

 

THE BARONESS FINLAY OF LLANDAFF

5Insert the following new Clause—
  "Exceptions to section 1
(1)  An offence will not have been committed under section 1(1) if any of the requirements in subsections (2) to (6) below are met.
(2)  The patient—
(a)  consents to the withdrawing or withholding of sustenance;
(b)  does not consent to the giving of sustenance; or
(c)  does not consent to the recommended intervention to provide sustenance.
(3)  The giving of sustenance—
(a)  is likely to cause significant discomfort to the patient, or worsen his illness or debility;
(b)  is likely to result in no improvement in the patient's illness or debility; or
(c)  is not likely to alter the patient's illness or debility.
(4)  The withdrawing or withholding of sustenance is intended to relieve patient's suffering.
(5)  The primary purpose of the withdrawing or withholding of sustenance is not to hasten or otherwise cause the death of the patient.
(6)  The withdrawing or withholding of sustenance is, in the opinion of the senior doctor responsible for the patient's care and the patient's next of kin or best friend, in the patient's best interest.
(7)  For the purposes of subsection (6) above, the responsibilities of the senior senior doctor may be delegated to another medical practitioner.
(8)  For the purposes of subsection (6) above, a "best friend" is a person, other than the patient's next of kin, so designated by the patient."
6*Insert the following new Clause—
  "Duty of care
  There shall be a general duty on all those caring for a patient to offer sustenance to the patient which is appropriate to—
(a)  the patient's clinical condition, and
(b)  nutritional needs of the patient."

 
 
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24 June 2003