NSWIn ForceAct
Voluntary Assisted Dying Act 2022
41Recording and notification of outcome of consulting assessment
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#### 41 Recording and notification of outcome of consulting assessment
41 Recording and notification of outcome of consulting assessment
> > (1) The consulting practitioner must inform the patient and the patient’s coordinating practitioner of the outcome of the consulting assessment as soon as practicable after its completion.
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> > (2) Within 5 business days after completing the consulting assessment, the consulting practitioner must—
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> > > (a) complete the approved form (the consulting assessment report form) in relation to the patient, and
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> > > (b) give a copy of the consulting assessment report form to the Board.
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> > Maximum penalty—100 penalty units.
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> > (3) As soon as practicable after completing the consulting assessment report form, the consulting practitioner must give a copy of the form to the patient.
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> > (4) The consulting assessment report form must include the following—
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> > > (a) the patient’s name, date of birth and contact details,
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> > > (b) the consulting practitioner’s name and contact details,
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> > > (c) a statement confirming the consulting practitioner meets the requirements of section 18,
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> > > (d) the date the referral for the consulting assessment was made,
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> > > (e) the date the referral for the consulting assessment was received,
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> > > (f) the date the consulting assessment was completed,
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> > > (g) the outcome of the consulting assessment, including the consulting practitioner’s decision about each of the eligibility criteria,
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> > > (h) the date the patient was informed of the outcome of the consulting assessment,
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> > > (i) the date the patient’s coordinating practitioner was informed of the outcome of the consulting assessment,
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> > > (j) if the patient was referred under section 37(2) or 38(2)—the outcome of the referral, including a copy of a report given by the registered health practitioner or other person to whom the patient was referred,
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> > > (k) if the patient was assisted by an interpreter when having the consulting assessment—the interpreter’s name, contact details and accreditation details,
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> > > (l) the palliative care and treatment options available to the patient and the likely outcomes of the care and treatment,
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> > > (m) a statement confirming the patient has been advised 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,
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> > > Note—
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> > > See the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 41C for the relevant offence
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> > > (n) a statement confirming the practitioner has asked the patient whether the patient has experienced pressure or duress to request access to voluntary assisted dying from a person who is a beneficiary under the patient’s will or may otherwise benefit financially or in another material way from the patient’s death,
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> > > (o) a statement confirming the consulting practitioner has acted in accordance with guidelines under section 181 in relation to the following matters—
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> > > > (i) deciding whether to refer the patient to a medical practitioner under section 26,
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> > > > (ii) deciding whether to refer the patient to a psychiatrist, another registered health practitioner or another person under section 27,
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> > > (p) a statement confirming the consulting practitioner has acted in accordance with guidelines under section 181 in determining whether the patient has experienced pressure or duress to request access to voluntary assisted dying,
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> > > (q) the consulting practitioner’s signature and the date the form was signed.
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> > (5) The consulting practitioner must give a copy of the consulting assessment report form to the patient’s coordinating practitioner as soon as practicable after completing the consulting assessment.