Collegium of Health and Social Affairs:- Decree on EuthanasiaDecree 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."