17Certain persons not to initiate discussions about voluntary assisted dying

17 Certain persons not to initiate discussions about voluntary assisted dying

(1)  A registered health practitioner who provides health services or professional care services to a person must not, in the course of providing the services to the person –

(a) initiate discussion with the person that is in substance about the voluntary assisted dying process; or

(b) in substance, suggest to the person that the person may wish to participate in the voluntary assisted dying process

(2)  Nothing in subsection (1) prevents a medical practitioner from taking an action referred to in subsection (1) if, at the time of taking the action, the medical practitioner also informs the person about –

(a) the treatment options available to the person and the likely outcomes of that treatment; and

(b) the palliative care and treatment options available to the person and the likely outcomes of that care and treatment.

(3)  Nothing in subsection (1) prevents a registered health practitioner who is not a medical practitioner from taking an action referred to in subsection (1) in relation to a person if the registered health practitioner, before the conclusion of the discussion, with the person, in which the action is taken, informs the person that a medical practitioner would be the most appropriate person with whom to discuss the voluntary assisted dying process and care and treatment options for the patient.

(4)  Nothing in subsection (1) prevents a person from providing to a person, at the person’s request, information about the voluntary assisted dying process.

(5)  A contravention of subsection (1) by a registered health practitioner is capable of constituting unprofessional conduct for the purposes of the Health Practitioner Regulation National Law (Tasmania).