Patient Protections Are Not Enforceable

Updated

The bill has 68 patient protections, termed "safeguards," including that the co-ordinating medical practitioner “must” refer the patient to another practitioner for a consulting assessment and that the patient’s final request “must” be according to a specified time frame.[1]

The bill also holds medical practitioners and other participants in a patient’s death to an “accordance” standard.[2] Indeed, the bill uses this standard nearly 50 times.[3]

The bill does not define accordance.[4] Dictionary definitions include “in the spirit of,” meaning “in thought or intention.” With these definitions, a participant’s mere thought or intention to comply with the bill is good enough to be in accordance with the bill. Patient protections are not enforceable.

Footnotes

[1]  The Bill, Clauses 22 and 38.
[2]  See, for example, the bill, p. 62, Clause 80, “No liability for registered health practitioner who acts in accordance with this Act.” (Emphasis added).
[3]  See the bill in its entirety
[4]  Id.