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by Munro Research

Terminally Ill Adults (End of Life) Bill


Official Summary

A Bill to allow adults who are terminally ill, subject to safeguards and protections, to request and be provided with assistance to end their own life; and for connected purposes.

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Overview

This bill proposes to legalize assisted dying for terminally ill adults in England and Wales. It establishes a rigorous and heavily regulated process involving multiple medical assessments, periods of reflection, and court oversight to ensure the patient's informed consent and protect vulnerable individuals from coercion.

Description

The bill outlines a detailed procedure for assisted dying. A terminally ill adult (defined as having an irreversible illness with a life expectancy of six months or less) with capacity to make decisions can request assistance. This request requires a formal "first declaration" witnessed by a coordinating doctor and another individual.

Assessments and Safeguards

The coordinating doctor and an independent doctor must conduct assessments to verify the patient's eligibility, including their terminal illness, capacity, and voluntary, uncoerced decision. A seven-day reflection period follows the first assessment, and a 14-day (or 48-hour in cases of imminent death) period follows the court declaration. Court approval is needed before a "second declaration" is made, confirming the patient's continued wish for assistance. The coordinating doctor then provides an approved substance for self-administration, remaining with the patient until death or the procedure's failure.

Additional Protections

The bill includes provisions for proxy signing, cancellation of declarations, detailed record-keeping in medical records, and protections for healthcare professionals who refuse participation. Strict regulations govern the prescribing, dispensing, and handling of "approved substances." Independent monitoring and review mechanisms are established, along with provisions for statistical reporting and inquests.

Government Spending

The bill doesn't specify exact figures but anticipates increased costs associated with establishing the regulatory framework, training healthcare professionals, providing the specified substances, and monitoring the implementation. The impact on overall government spending is expected to be significant, but the precise amount remains to be determined. The NHS may also bear significant costs in implementing the processes involved.

Groups Affected

  • Terminally ill adults: May gain access to assisted dying, provided they meet the strict criteria outlined in the bill.
  • Healthcare professionals: Will face additional training and responsibilities. They are explicitly protected from legal repercussions for refusing to participate.
  • Families and relatives: May be consulted in the process, but are prohibited from being witnesses or proxies. The bill seeks to support them through this potentially difficult time.
  • The Judiciary: The High Court and Court of Appeal would deal with applications, placing additional burden on the courts.
  • The NHS: Expected to be responsible for implementing processes and providing resources.
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