The RACS submission from Ros Pochin, Chair of the Aotearoa New Zealand National Committee, requested the Review of the End of Life Choice Act 2019 (the Act) consider:
- Changing the eligibility requirement to be a person who “suffers from a terminal illness that is likely to end their life within 6 months”, for several reasons. It is difficult for a doctor to predict and prognose death so precisely; it excludes patients who will survive longer than 6 months but have a very poor quality of life; and excludes people of advanced age. The criteria should focus on poor quality of life and/or ongoing pain/suffering resulting from an irreversible condition.
- Patients should be enabled to make informed choices about the end of their life. The restriction on doctors discussing the option of assisted dying unless raised first by the patient inequitably limits access to assisted dying to people with high health literacy. It also breaches the principles of informed consent set out in the Code of Health and Disability Services Consumers' Rights 1996 and by Te Kaunihera Pūtaiao Hauora O Aotearoa - Medical Council of New Zealand.
- The Act emphasises the individual person and their choice without consideration of involvement of whanāu in such choices. We encouraged Manatū Hauora to actively seek a range of Māori voices in the Review.
- There is no provision in the Act to enable people to request assisted dying in an Advanced Directive under the Code when they are still competent.