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Protection of Conscience Project

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Service, not Servitude
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New Zealand

End of Life Choice Bill

Members Bill 269 - 1

Full Text

3.    Interpretation

In this Act, unless the context requires another meaning,—

assisted dying means the administration by a medical practitioner of a lethal dose of medication to a person to relieve his or her suffering by hastening death . . .

conscientious objection means an objection to doing anything authorised or required by this Act . . .

SCENZ means Support and Consultation for End of Life in New Zealand

SCENZ Group means the body established under section 19 . . .

6.    Conscientious objection

(1) This Act does not require a person to do anything to which the person has a conscientious objection.

(2) Subsection (1)—

(a) applies despite any legal obligation to which the person is subject, however the obligation arises; and

(b) does not apply to the requirement in section 7(2).

7.    Effect of conscientious objection

(1) This section applies when—

(a) a person tells the attending medical practitioner under section 8(1) that the person wishes to have the option of receiving assisted dying; and

(b) the attending medical practitioner has a conscientious objection.

(2) The attending medical practitioner must tell the person that—

(a) the medical practitioner has a conscientious objection; and

(b) the person may ask the SCENZ Group for the name and contact details of a replacement medical practitioner.

(3) If the person chooses to have the replacement medical practitioner, references in this Act to the attending medical practitioner mean the person’s replacement medical practitioner, except in subsection (2) and section 8(1).

19.    SCENZ Group

(1) The Director-General must establish the SCENZ Group by appointing to it the number of medical practitioners that the Director-General considers appropriate.

(2) The functions of the SCENZ Group are—

(a) to make and maintain a list of medical practitioners who are willing to act for the purposes of this Act as—

(i) replacement medical practitioners:

(ii) independent medical practitioners:

(b) to provide a name and contact details from the list, when this Act requires the use of a replacement medical practitioner or independent medical practitioner, in such a way as to ensure that the attending medical practitioner does not choose the replacement medical practitioner or independent medical practitioner:

(c) to make and maintain a list of health practitioners who are willing to act for the purposes of this Act as specialists:

(d) to provide a name and contact details from the list, when this Act requires the use of a specialist, in such a way as to ensure that neither the attending medical practitioner nor the independent medical practitioner chooses the specialist:

(e) to make and maintain a list of pharmacists who are willing to dispense medication for the purposes of section 16:

(f) to provide a name and contact details from the list when section 16 is to be applied:

(g) in relation to the administration of medication under section 16,—

(i) to prepare standards of care; and

(ii) to advise on the required medical and legal procedures; and

(iii) to provide practical assistance, if assistance is requested.

(3) The ministry must service the SCENZ Group.