Section 8 is an unwarranted infringement on communication between health practitioners and their patients
In November 2017, the state of Victoria passed the Voluntary Assisted Dying Act 2017 (Vic), legalising a model of voluntary physician‐assisted death for adults at the end of life who meet a number of criteria, including rigorously assessed diagnostic and prognostic requirements. The Act came into effect on 19 June 2019. Its implementation raises a host of challenges.1 Here we focus on one aspect of the new law that has been largely overlooked in ethico‐legal debates thus far — the section 8 gag clause.
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- 1. White BP, Willmott L, Close E. Victoria's voluntary assisted dying law: clinical implementation as the next challenge. Med J Aust 2019; 210: 207–209. https://www.mja.com.au/journal/2019/210/5/victorias-voluntary-assisted-dying-law-clinical-implementation-next-challenge
- 2. Voluntary Assisted Dying Act 2017 (Vic). http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/B320E209775D253CCA2581ED00114C60/$FILE/17-061aa%20authorised.pdf (viewed Nov 2019).
- 3. Victorian Government Department of Health and Human Services. Voluntary assisted dying: overview. http://health.vic.gov.au/hospitals-and-health-services/patient-care/end-of-life-care/voluntary-assisted-dying/vad-overview (viewed Nov 2019).
- 4. Victorian Government Department of Health and Human Services. Ministerial Advisory Panel on Voluntary Assisted Dying: final report. Melbourne: DHHS, 2017. https://www2.health.vic.gov.au/about/publications/researchandreports/ministerial-advisory-panel-on-voluntary-assisted-dying-final-report (viewed Nov 2019).
- 5. Victorian Government Department of Health and Human Services. Voluntary assisted dying for health practitioners. Melbourne: DHHS, 2019. https://www2.health.vic.gov.au/hospitals-and-health-services/patient-care/end-of-life-care/voluntary-assisted-dying/health-practitioner-information (viewed Nov 2019).
- 6. Johnston C, Cameron J. Discussing voluntary assisted dying. J Law Med 2018; 26: 454–463.
- 7. Medical Board of Australia. Good medical practice: a code of conduct for doctors in Australia. Canberra: MBA, 2014. https://www.medicalboard.gov.au/codes-guidelines-policies/code-of-conduct.aspx (viewed Nov 2019).
- 8. Beauchamp T, Childress J. Principles of Biomedical Ethics. 7th ed. Oxford, UK: Oxford University Press, 2012.
- 9. Jameton A. Dilemmas of moral distress: moral responsibility and nursing practice. AWHONNS Clin Issues Perinat Womens Health Nurs 1993; 4: 542–551.
- 10. Hamric A. Empirical research on moral distress: issues, challenges, and opportunities. HEC Forum 2012; 24: 39–49.
- 11. Government of Western Australia Department of Health. Ministerial Expert Panel on Voluntary Assisted Dying: final report. Perth: Government of WA, 2019. https://ww2.health.wa.gov.au/Reports-and-publications/Voluntary-assisted-dying-final-report (viewed Nov 2019).
- 12. Victorian Government Department of Health and Human Services. End of life care. http://health.vic.gov.au/hospitals-and-health-services/patient-care/end-of-life-care (viewed Nov 2019).
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Courtney Hempton receives funding from an Australian Government Research Training Program Scholarship.
No relevant disclosures.