28Information to be provided if patient assessed as meeting eligibility criteria

#### 28 Information to be provided if patient assessed as meeting eligibility criteria 28 Information to be provided if patient assessed as meeting eligibility criteria > > (1) If the coordinating practitioner is satisfied the patient meets all of the eligibility criteria, the coordinating practitioner must inform the patient about the following matters— > > > > > (a) the patient’s diagnosis and prognosis, > > > > > (b) the treatment options available to the patient that would be considered standard care for the disease, illness or medical condition with which the patient has been diagnosed and the likely outcomes of treatment, > > > > > (c) the palliative care and treatment options available to the patient and the likely outcomes of the care and treatment, > > > > > (d) the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act for the purposes of causing the patient’s death, > > > > > (e) that the expected outcome of self-administering or being administered a substance referred to in paragraph (d) is death, > > > > > (f) the method by which a substance referred to in paragraph (d) is likely to be self-administered or administered, > > > > > (g) the request and assessment process, including the requirement for a written declaration signed by the patient, or a person on the patient’s behalf, in the presence of 2 witnesses, > > > > > (h) that if the patient makes a self-administration decision, the patient must appoint a contact person, > > > > > (i) that the patient may decide at any time not to continue the request and assessment process or not to access voluntary assisted dying, > > > > > (j) it is unlawful for a person to apply pressure or duress on the patient to request voluntary assisted dying or to continue the request and assessment process, > > > > > > Note— > > > > > > See the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 41C for the relevant offence > > > > > (k) that if the patient is receiving ongoing health services from a medical practitioner (the treating practitioner) other than the coordinating practitioner— > > > > > > > (i) the patient is encouraged to inform the treating practitioner about the patient’s request for access to voluntary assisted dying, and > > > > > > > (ii) it is unlawful for the treating practitioner to withdraw other services the practitioner would usually provide to the patient or the patient’s family and other close contacts because of the patient’s request for access to voluntary assisted dying, and > > > > > > > (iii) if the treating practitioner withdraws services mentioned in subparagraph (ii)—the matter should be the subject of a complaint to the Health Care Complaints Commission under the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105), > > > > > (l) that if the patient is a resident of a residential facility, whether permanently or not, the patient should inform the residential facility manager about the patient’s request for access to voluntary assisted dying. > > > (2) For the purposes of subsection (1)(d), if the access standard includes information about the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act for the purposes of causing the patient’s death, the information must be given in accordance with the access standard. > > > > Note— > > > > See section 174(3), which provides that the access standard may include information about the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act for the purposes of causing a patient’s death. > > > (3) The withdrawal of services by a medical practitioner in circumstances mentioned in subsection (1)(k)(ii) may be unsatisfactory professional conduct for the purposes of the Health Practitioner Regulation National Law. > > > (4) In addition to informing the patient about the matters referred to in subsection (1), the coordinating practitioner must take all reasonable steps to fully explain to the patient and, if the patient consents, another person nominated by the patient— > > > > > (a) all relevant clinical guidelines, and > > > > > (b) a plan in relation to the administration of a voluntary assisted dying substance. > > > (5) Nothing in this section affects a duty a medical practitioner has— > > > > > (a) at common law, or > > > > > (b) under another Act or other law.