The Clarault Gazette | La Gazette de Clarau

[Madrinet]

The Clarault Gazette is the official journal of record of the government of Madrinet, in which statutory notices and the major legal developments from the King's Council at the Highest Court and the Governing Senate are published. The most significant publication of the Gazette is "la Journal officiel lois et décrets" which is the formal record of statutes and decrees; all such legislation must be published in the Journal in order to be binding.

[Madrinet]

Collegium of Health and Social Affairs:
- Decree on Euthanasia
Decree No. 012 0311 AMA 19

The Collegium of Health and Social Affairs,
On the report of the State Councillor Her Excellency the Lady Almoner,
Having regard to the Penal Code, particularly Articles 105 "Defences" and 221 - 224 "Wilful Attacks on Life";
Having regard to the Public Health Code, particularly Articles 1-9 "Expression of the Wishes of Patients Refusing Treatment and at the End of Life",
Having regard to the opinions of the Royal Academy of Medicine dated 5 October 2015 and of the Association for the Right to Die in Dignity dated 4 December 2015,
DECREES THAT:

The Penal Code is amended as follows:
1. In Article 221 the words "without lawful reason" are inserted after "wilfully killing another person";
2. In Article 105 the words "or of the Public Health Code" are appended.
3. Article 226b is created as follows:

Within four days of a euthanasia being performed under the provisions of the Public Health Code, the Qualified Medical Professional must submit to the Prefectural Health Authority a form that contains the patient's details, as well as the nature of their disorder; the nature of the mental or physical anguish from which they suffered; the reasons why this suffering could not be alleviated in any other way; the elements underlying the assurance that the patient's request was voluntary, well-considered and repeated, and not the result of any external pressure; the competency of the Qualified Medical Professionals consulted and involved in the pre-procedure period; and the manner in which the procedure was performed, and what pharmaceuticals were used. If the Prefectural Health Authority comes to the opinion that the euthanasia did not take place within the procedures of the Public Health Code this form may be used as evidence in a criminal prosecution.

The Public Health Code is amended as follows:
1. In Article 11 the following is inserted after "Patients may author Advance Directives with regard to the conditions for the continuation, limitation, cessation or refusal of treatment or medical procedure,"
"or instructing physicians to perform euthanasia when the patient is suffering from a serious and incurable disorder, is no longer conscious, and this condition is irreversible given the current state of medical science."
2. Article 15 is created as follows:

"When a patient, having attained the age of majority, in a medically futile condition of constant and unbearable physical or mental anguish that cannot be alleviated, resulting from a serious and incurable disorder caused by illness or accident, makes a voluntary, well-considered, and repeated application, which is not the result of any external pressure, to physician-assisted or physician-administered suicide, a Qualified Medical Professional may decide to limit or stop unnecessary treatment or treatment which is disproportionate or having no other purpose than the sole artificial prolongation of the life of this person, or prescribe or administer such drugs as are approved for the purpose by the State Councillor for Health and Social Affairs."

3. Article 16 is created as follows:

"No physician is obliged to perform euthanasia and cannot be compelled to do so, nor can anyone be compelled to assist; the physician must notify the patient that they are unwilling to perform the procedure and explain the reasons why. If the reasons are on medical grounds, these are noted on the patient's medical record."

4. Article 17 is created as follows:

"Any person who dies as a result of euthanasia in accordance with the provisions of the Public Health Code is regarded as having died of natural causes for the purposes of any contracts they have entered into, in particular insurance contracts."

[Madrinet]

Collegium of Justice and the Interior
- Decree on the Legalisation of Certain Substances
Decree No. 020-0393 MOR 93

The Collegium of Justice and the Interior,
On the report of the State Councillor His Excellency the Lord Justiciar,
Having regard to the Public Health Code, particularly Article 3421 "Illicit Use of Narcotics",
Having regard to the opinions of the Collegium of Health and Social Affairs,
DECREES THAT:

The Public Health Code is amended as follows:
1. Article 3421 is repealed and replaced as follows:

Section 1. Controlled Substances
1. The following substances are declared "controlled":
i. Opium;
ii. Cocaine and ecgonine and its salts;
iii. Morphine and its salts;
iv. Diamorphine (heroin) and its salts;
v. Any admixture, extract, or other substance containing one-fifth per cent. or more of morphine or one-tenth per cent. or more of cocaine, ecgonine, or diamorphine.

Section 2. Lawful Possession and Acquisition
I. It shall be lawful to obtain and possess the above mentioned substances by virtue of:
a. the issue of a prescription by a duly Qualified Medical Practitioner or a Registered Dental Practitioner for its administration for therapeutic purposes to the possessor, or a person under the possessor's care; or
b. the issue of a prescription by a registered veterinary surgeon or a registered veterinary practitioner for its administration for therapeutic purposes to an animal under the possessor's care; or
c. inclusion in the Controlled Substances Register maintained by His Majesty’s Board of Customs and Excise as a manufacturer of, or a dealer in bulk in, Controlled Substances.

II. The illicit possession of any such Controlled Substance is punishable by a fine not exceeding ƒ600 or imprisonment for a term of up to six months, or both;

III. Section 2 shall not be taken to prohibit the possession of Controlled Substances by;
a. A duly Qualified Medical Practitioner;
b. A Registered Dental Practitioner;
c. A registered veterinary surgeon;
d. A registered veterinary practitioner;
e. A registered pharmaceutical chemist;
f. An authorised seller of poisons;
g. A person acting in accordance with the directions of a person of a kind specified in any of paragraphs (a) to (e) above;
h. A person in charge of a laboratory the recognised activities of which consist in, or include, the conduct of scientific education or research;
i. Any servant of His Majesty acting in the course of his duty as such.

IV. His Majesty's Board of Customs and Excise shall have power to refuse to register a person in the Controlled Substances Register if, in the opinion of the Superintendent of Customs, they are not a proper person to be registered, and to cancel the registration of a person who, in the opinion of the Superintendent of Customs, has ceased to be a person proper to be registered.

Section 3 - Uncontrolled Substances
I. Any substance, other than those enumerated in Section 1, which by stimulating or depressing the person’s central nervous system affects the person's mental functioning or emotional state are declared Uncontrolled Substances.

II. An Uncontrolled Substance is not subject to any specific license or restrictions under the provisions of this Decree, but shall remain subject to the provisions of the Consumer Code, particularly Articles L411-1 to 463-1 ("Compliance and Safety of Products and Services")

2. In Article 3512-1 the word "tobacco" is replaced by "Controlled and Uncontrolled Substances".

[Madrinet]

Collegium of Health and Social Affairs
- Decree on Voluntary Termination of Pregnancy
Decree No. 323-0108 MOR 00

The Collegium of Health and Social Affairs,
On the report of the State Councillor Her Excellency the Lady Almoner,
Having regard to the Civil Code, particularly Article 16 "the law ensures the primacy of the person, prohibits any attack on their dignity and guarantees respect for human beings from the beginning of their life";
Having regard to the Public Health Code, particularly Articles 1412-1 to 1412-6 "Medical Ethics";
Having regard to the opinions of the Collegium of Justice and the Interior;
DECREES THAT:

The Public Health Code is amended as follows:
1. In Book II "Sexual and Reproductive Health, Women's Rights and Protection of the Health of Children, Adolescents, and Young People" the following Articles are created:
i. Article 2211-1 reproduces Article 16 of the Civil Code in full.
ii. Article 2211-2 reads "the principle mentioned in Article 2211-1 may only be infringed if necessary and under the conditions defined by this title."
iii. Article 2211-3 reads "a pregnant person who does not want to continue a pregnancy can ask a Qualified Medical Professional to terminate their pregnancy. This termination can only be performed before the end of the fourteenth week of pregnancy. Every person must be informed about abortion methods and have the right to choose one freely. It is the responsibility of all healthcare professionals to inform and advise every person within the framework of their skills and in compliance with professional and ethical standards applicable to them, including those provided by statute."
iv. Article 2211-4 reads "Voluntary termination of a pregnancy can only be carried out by Qualified Medical Professional regardless of where the Qualified Medical Professional practises. When a Midwife performs a voluntary termination surgically, this interruption can only take place in a Health Centre."
v. Article 2211-5 reads "The Qualified Medical Professional contacted by a pregnant person with a view to terminating their pregnancy must, from the first visit, inform that person of the medical and surgical methods of terminating a pregnancy and of the risks and potential side effects."
vi. Article 2211-6 reads "Prior to and after a termination takes place, the patient is offered consultation with a person qualified to offer assistance and advice in relation to the patient's circumstances. If the patient is an unemancipated young person, this consultation is mandatory and termination may only take place after a Consultation Certificate has been issued by the qualified person. Where the patient is a young person, a consultation after the procedure relating to methods of contraception is mandatory."
vii. Article 2211-7 reads "The management of voluntary termination of pregnancy is protected by secrecy in order to be able to preserve, if necessary, the anonymity of the patient concerned."
viii. Article 2211-8 reads "Written confirmation of a request to voluntarily terminate a pregnancy must be obtained prior to any procedure for that purpose taking place. Once this written confirmation is obtained, the Qualified Medical Professional may personally terminate the pregnancy under the conditions set out in Article 2211-4 . If they do not perform the procedure themselves, the confirmation is forwarded to any other Qualified Medical Professional nominated by the Patient, and a Certificate of Compliance with Articles 221a-3 and 2211-4. The Director of any Health Centre must obtain and retain for a period of twelve months the consultation certificates required by Article 2211-6."
ix. Article 2211-9 reads "No Qualified Medical Professional is obliged to carry out a voluntary termination and cannot be compelled to do so, nor can anyone be compelled to assist, but must inform without the delay the pregnant person of their refusal and immediately communicate to them the names of Qualified Medical Professionals likely to carry out this intervention according to the provisions of Article 2211-44."
x. Article 2211-10 reads "No private Health Centre is obliged to allow voluntary terminations to be carried out on its premises; however this refusal may only be sustained if other Health Centres, private or public, are sufficient to meet local needs. Public Health Centres which are required to have the means to allow voluntary terminations are fixed by Decree of Prefectural or Subprefectural Authorities having responsibility for the provision of healthcare. Any Health Centre in which any termination of pregnancy takes place is required to ensure, after the procedure, that the patient is informed about contraceptive measures."