New South Wales assisted suicide/euthanasia bill permits refusal, protects practitioners

Euthanasia debate: NSW Parliament to consider drafted legislation on assisted dying

Australian Broadcasting Corporation

Ashleigh Raper & Andrew Griffits

New South Wales is a step closer to allowing terminally ill people to voluntarily end their lives, with a draft bill with cross-party support being released today.

The Voluntary Assisted Dying Bill has been drafted by a parliamentary working group made up of members from the Coalition, Labor, Greens and an independent.

The draft bill would give a person over the age of 25 the right to request assistance from a medical practitioner to end their life. . . .[ Full text]

  • The bill does not include a protection of conscience provision per se.  However, Sections 6, 24 and 25 permit a practitioner to refuse to participate for any reason, making no distinction between refusal for reasons of conscience and refusal for other reasons.  It also equally protects both participating and non-participating practitioners from criminal and civil liability.

Dr. Robert’s regrets: Towards death à la carte?

Sean Murphy*

The state medical regulator in the province of Quebec, the Collège des Médecins du Québec, published an reflection in 2009 that effectively encouraged the legalization of euthanasia. During hearings into Quebec’s Bill 52, which eventually became the province’s euthanasia law (the Act Respecting End of Life Care), Dr. Charles Bernard , Dr. Yves Robert and Dr. Michelle Marchand appeared on behalf of the Collège.  They were effusive in their support for the proposed law, describing it as “a very important milestone,” the product of “outstanding work,” and “responsive to the vision we initially proposed.”

One of the points Dr. Bernard  emphasized was that euthanasia should be “an option of last resort for  exceptionally difficult situations at the end of life. . . in the final stages of a serious and incurable disease that is inflicting refractory suffering.”  Dr. Robert himself added that euthanasia should only be considered in what was truly the “last slice of life in the final phase of the life.”  Only then, he said, might it be considered an option “from a medical point of view.”

Consistent with these views, the original text of the Bill was amended to include a provision that a patient had to be “at the end of life,” even though the legislators could not agree on what this meant.  It is not certain that the term is being interpreted consistently throughout the province, though returns from reporting agencies sometimes report refusal to provide euthanasia because a patient is “not at the end of life.”  About 8% of refusals in the first half of 2017 were attributed to patient ineligibility, which includes this criterion, among others.

In any event, Dr. Robert has published a commentary indicating alarm at increasing pressure to provide euthanasia in circumstances and for reasons apparently not envisaged by Collège des Médecins du Québec when it published its 2009 reflection and expressed its support for the new legislation.  Of particular interest, he suggests that, if current trends to broaden criteria for euthanasia continue and are affirmed, it may be appropriate for the medical profession to be replaced by some kind of non-medical (but presumably technically competent) euthanasia service.

During the legislative hearings into Bill 52, Professor Margaret Somerville suggested that lawyers could be trained for this purpose.  Her suggestion was ignored at the time, but Dr. Robert’s comments suggest that he and other euthanasia supporters may now be more open to Dr. Somerville’s proposal.  Having a corps of voluntary euthanasia service providers would relieve the pressure now being experienced by physicians and health care workers who object to euthanasia for reasons of conscience.

  • Dr. Robert’s regrets [Full English translation of Vers la mort à la carte? provided by the Physicians’ Alliance against Euthanasia]

Sudbury docs want ‘conscience rights’ in assisted dying

Sudbury Star

Ben Leeson

A majority of physicians at Health Sciences North believe they should have a choice whether to take part in assisted suicide, according to a vote at their recent quarterly medical staff meeting.

Physicians passed a motion, proposed by HSN medical staff vice-president Dr. Killian deBlacam, that read “The medical staff of HSN support conscience rights for physicians who refuse effective referrals for euthanasia.”

The motion was seconded by Dr. Roger Sandre and passed by a “large majority” according to a press release issued by deBlacam last week. . . [Full text]

 

Yurek introduces private member’s bill

St. Thomas-Elgin Weekly News

Mike Maloney

Unable to get an amendment to the government’s Medical Assistance in Dying (MAID) legislation passed during committee meetings on the subject, Elgin-Middlesex-London MPP Jeff Yurek has decided to go it alone and put the issue before the Ontario Legislature.

On May 3, Yurek, who is also the Ontario PC party’s health critic, introduced a private member’s bill that if passed, would amend the government’s MAID legislation to protect the conscience rights of healthcare providers. It would make their participation voluntary, allowing healthcare professionals to refuse directly or indirectly to participate in MAID if it violates their conscience or religious beliefs . . . [Full text]

 

Vatican investigates Belgian order’s decision to allow euthanasia in its hospitals

Cardinal Parolin, Vatican Secretary of State, is reportedly looking into the case

Catholic Herald

Simon Caldwell

The Vatican is investigating the decision of a group of psychiatric care centres run by a Catholic religious order in Belgium to permit doctors to perform euthanasia of “nonterminal” mentally ill patients on its premises.

Brother René Stockman, superior general of the Brothers of Charity, told Catholic News Service that Cardinal Pietro Parolin, Vatican Secretary of State, is personally examining the situation. . . [Full text]