Bill 242 (Legislature 18, Session 3)

L18 S3 5847

Alberta — Bills

1977 Bill 242 Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 242

AN ACT RESPECTING THE WITHHOLDING OR WITHDRAWAL OF TRE,ATMENT WHERE DEATH IS INEVITABLE DR. BUCK First Reading. . ........................... . Second Reading ............................ . Third Reading Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 242 Dr. Buck BILL 242 1977

AN ACT RESPECTING THE WITHHOLDING OR WITHDRAWAL O'F TREATMENT WHERE DEATH IS INEVITABLE (Assented to , 1977) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1.

In this Act, (a) "attending physician" means a physician selected by or assigned to a patient and who has responsibil ity for the treatment and care of the patient; (b) "life-sustaining procedure" means a medical pro cedure or intervention that utilizes mechanical or 'Other artificial means to sustain, restore or sup plant a vital function to postpone the moment of death, but does not include a medical procedure or intervention f'Or the purpose of alleviating pain; (c) "terminal condition" means an incurahle medical 'Or physical condition, determined pursuant to sec ti'On 4, by reason of which death is imminent and 'Only postponed by a life-susta:ining procedure which does not improve the condition. 2.

(1) Any person who has attained the age of majority and is mentally competent to consent, able to make a free and informed decision and has, or is deemed to have, con sented to medical treatment may, in writing in Form 1 signed 'by him, direct that the c'Onsent does not extend to the application 'Of life-sustaining procedures during a ter minal condition.

(2) A direction under SUbsection ('1) is not valid unless the signature is witnessed by two persons neither of whom is a relative or an attending physician 'Or other person en gaged in the health care of the person giving the direction.

(3) No person who witnesses a direction under subsec ti'On (2) is entitled to any benefit from the estate of the person whO' gives the direction, except arising from a charge 'On the estate or a direction for payment 'Of debts.

(4) A direction is valid f'Or five years frOom the date 'Of its signing unless revoked pursuant to.

section 3.

Explanatory Notes General: The purpose of this Bill is to provide a means whereby an individual may limit the effect of a general or implied consent to medical treatment to prevent the use of life-sustaining proce dures while in a terminal condition. The Bill is designed to achieve this purpose by permitting an individual to execute a direction limiting his consent. Once a physician or hospital employee has notice of this direction, there is no defence of consent as a basis to avoid civil liability if the patient is treated with life-sustaining procedures during a period of terminal condition. I.

Definitions. 2. Direction limiting consent.

(5) Notwithstanding subsection (1) a direction made thereunder by a person who had not attained the age of ma jority, was not mentally competent to consent, 'Or was not able t'O make a free and informed decision, is valid for the purposes of this Act if the person who acted up'On it had no reason to believe that the person who gave it had not at tained the age of nlajority, was not mentally competent t'O consent, or was not able to make a free and informed de cision, as the case may be. 3.

(1) A direction made pursuant to

section 2 does not take effect unless it is served on the attending physician of the person giving the direction or, where the person is a patient in a health facility, is se,rved on the attending phy sician or the health facility.

(2) Upon a direction being served on one of the persons mentioned in subsection (1), the direction or a copy of it shall be included in the medical records of the person giving the direction.

(3) Where the person signing a directi'On, in any manner and without regard to mental competency, indicates to one of the persons mentioned in subsection (1) an intention to revoke the direction or is pregnant, the direction is there by revoked and shall be removed immediately from the med ical records and destroyed. 4. A terminal condition (

a) shall be deemed to exist where in the opinion of two physicians, each 'Of whom has made a separate di agnosis in respect of the person giving the direction and neither of whom has any medical resposibility for that person, the terminal condition exists, and (

b) shall be deemed not t'O exist where in the opinion of one physician whose opinion is sought for the purposes of clause (

a) a terminal condition does not exist. 5. No action or other proceeding for damages lies against any person for any act done or omission made in good faith and without negligence in the observance or in tended observance of a direction purporting to be given un der this Act. 6. Nothing in this Act shall be construed so as to impose an 'Obligation to provide or perform a life-sustaining pro cedure where the obligation does not otherwise exist at law. 7.

(1) A death that occurs subsequent to the withhold ing or withdrawal of life-sustaining procedures pursuant 2

3. Effect, recording and revocation of direction. 4. Terminal condition. 5. Civil liability. 6. Other obligations not affected. 7. Inlurance. 2

tc a directicn signed under this Act shall nct be deemed tc be a suicide 'Or self-induced death under any P'Olicy 'Of in surance.

(2) A requirement that a perscn sign a directicn as a ccnditi'On fcr bcing insured f'Or 'Or receiving health care ser vices is void. 8. Subject to subsecticn (3) 'Of secti'On 3, every perscn whc wilfully ccnceals, cancels, defaces 'Or destrcys the di recticn 'Of an'Other withcut that perscn's c'Onsent is guilty 'Of an 'Offence and 'On

summary ccnvicticn is liable tc a fine 'Of n'Ot mcre than $1,000 or tc impris'Onment f'Or nct mcre than 30 days 'Or t'O both fine and impriscnment. 9. This Act may be cited as The Natural Death Act. 1.0. This Act ccmes into fcrce 'On the day upcn which it is assented tc.

FORM 1 (The Natural Death Act) I, .................................. , being 'Of scund mind, wilfully and vcluntarily, direct that all life-sustain ing prccedures be withheld 'Or withdrawn if at any time I shculd be in a terminal ccnditicn and where the application 'Of life-sustaining procedures wculd serve 'Only tc pcstpcne the mcment 'Of death. It is my intention that this directicn be h'Onoured by my family, physicians and medical staff as the finalexpressicn 'Of my legal right tc refuse medical 'Or surgical treatment and tc die naturally.

Made this day 'Of (mcnth, year) Signature The person signing this directive is perscnally known tc me and I 'believe him/her tc be of s'Ound mind. (Witness) (Witness) 3

8. Offences and penalty. 9.

Short title. 3 Title: 1977 (18th, 3rd) Bill 242,

An Act Respecting the Withholding or Withdrawal of Treatment Where Death is Inevitable

Document details

Collection	Alberta — Bills
Citation	L18 S3 5847
Type	bill
Volume / chapter	L18 S3 5847
Language	en
Format	json
Source	PROVINCIAL
Identifier	36190cf0b59e48bf21221c7c3b2bc01e2eda059a

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