New Clause 11: Terminally Ill Adults (End of Life) Bill
New Clause 11 - Replacing the coordinating or independent doctor where unable or unwilling to continue to act
“(1) This section applies where—
(a) after a first declaration has been witnessed by the coordinating doctor, that doctor is unable or unwilling to continue to carry out the functions of the coordinating doctor, or
(b) after a referral is made under section 9(3)(c) (including a referral to which section 12(4) applies), but before a report under section 10 has been made by virtue of that referral, the independent doctor is unable or unwilling to continue to carry out the functions of the independent doctor,
and in this section such a coordinating or independent doctor is referred to as “the outgoing doctor”.
(2) The outgoing doctor must as soon as practicable give written notice of their inability or unwillingness to continue to carry out their functions under this Act to—
(a) the person seeking assistance,
(b) the Commissioner, and
(c) if the outgoing doctor is the independent doctor, the coordinating doctor.
(3) Any duty or power of the outgoing doctor under this Act that arose in consequence of the declaration or referral mentioned in subsection (1) ceases to have effect from the time the outgoing doctor complies with subsection (2); but this does not apply to any duty under subsection (8) or (9).
(4) The Secretary of State may by regulations make provision relating to the appointment, with the agreement of the person seeking assistance, of a replacement coordinating doctor who meets the requirements of section 7(5) and who is able and willing to carry out the functions of the coordinating doctor.
(5) Regulations under subsection (4) may, in particular, make provision to ensure continuity of care for the person seeking assistance despite the change in the coordinating doctor.
(6) Where the independent doctor gives a notice under subsection (2)—
(a) a further referral may be made—
(i) under section 9(3)(c) (if section 12 does not apply), or
(ii) where section 12 applies, under subsection (2) of that section, and
(b) the registered medical practitioner to whom that referral is made becomes the independent doctor (replacing the outgoing doctor) and sections 10 to 12 (and this section) apply accordingly.
(7) Subsections (8) and (9) apply where the coordinating doctor—
(a) gives a notice under subsection (2) to the person seeking assistance, or
(b) receives a notice under that subsection given by the independent doctor in relation to the person seeking assistance.
(8) Where the coordinating doctor is a practitioner with the person’s GP practice, the coordinating doctor must, as soon as practicable, record the giving of the notice in the person’s medical records.
(9) In any other case—
(a) the coordinating doctor must, as soon as practicable, notify a registered medical practitioner with that practice of the giving of the notice, and
(b) the practitioner notified under paragraph (a) must, as soon as practicable, record the giving of the notice in the person’s medical records.”—(Kim Leadbeater.)