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Voluntary Assisted Dying Act 2024
44Administering practitioner
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44 Administering practitioner
(1) An individual may ask their coordinating practitioner or another
health practitioner (the requested practitioner) to act as their
administering practitioner if the individual—
(a) has made a practitioner administration decision; or
(b) has changed their administration decision to a practitioner
administration decision under section 43 (1) (a).
(2) Within 4 business days after the day the individual makes a request,
the requested practitioner must—
(a) decide to act or refuse to act as the individual’s administering
practitioner; and
(b) tell the individual about the decision.
(3) The requested practitioner—
(a) must refuse to act as the individual’s administering practitioner
if they do not meet the administering practitioner requirements
under section 97 (Requirements for acting as coordinating
practitioner, consulting practitioner or administering
practitioner); and
(b) may refuse to act as the individual’s administering practitioner
if they are unable or unwilling to exercise the functions of an
administering practitioner.
Note The coordinating practitioner or health practitioner may refuse to act as
the individual’s administering practitioner if they have a conscientious
objection (see s 99).
(4) The requested practitioner becomes the administering practitioner for
the individual when they tell the individual that they agree to act as
the individual’s administering practitioner.
(5) If the requested practitioner agrees to act as the individual’s
administering practitioner, the practitioner must give the board
written notice of their decision within 4 business days after the day
they tell the individual about the decision.
(7) If the requested practitioner refuses to act as the individual’s
administering practitioner, the practitioner must—
(a) tell the individual that other health practitioners may be able to
assist the individual with their request; and
(b) give the individual information about—
(i) another health practitioner who they believe is likely to be
able to assist the individual with their request; or
(ii) the approved care navigator service.
(8) The requested practitioner must record the following information in
the individual’s health record—
(a) that the request was made;
(b) the practitioner’s decision;
(c) if the practitioner refused to act as the individual’s administering
practitioner—the steps taken by the practitioner to comply with
subsection (7).