The Statutory Review of the Voluntary Assisted Dying Act 2019 (the Review) highlighted there is ongoing uncertainty among health practitioners, some incorrectly believing that initiating discussions about voluntary assisted dying (VAD) is prohibited under the Voluntary Assisted Dying Act 2019 (the Act).
WA Department of Health advises all medical and nurse practitioners can raise VAD with a patient as part of an end-of-life discussion, but in doing so they must also inform them of their treatment and palliative care options and the likely outcomes.
The Review also found there is some misunderstanding among the community and medical practitioners about how to make and respond to a first request for VAD. For a first request to be valid under the Act it must be:
- Clear and unambiguous.
- Made to a medical practitioner during a medical appointment or consultation.
- Made in person, or when not practical via audiovisual communication.
All medical practitioners have the following statutory obligations when a patient makes a first request:
- Decide if they are going to accept or refuse the request and inform the patient of their decision.
- Give the patient the approved information
- Complete and submit the First Request Form to the Voluntary Assisted Dying Board. This can be done online via VAD-IMS or faxed (08 9222 0399). This is not a referral but is required to fulfill the medical practitioner’s statutory obligations.
- Document the request in the patient’s medical record, including:
- that the request has been made
- the decision to accept or refuse the first request
- the reason for refusal (if refused)
- whether the medical practitioner has provided the approved information to the patient.
The first request is not an assessment of eligibility for VAD and refusing the first request does not mean the patient can’t access VAD. Patients needing additional support to find a VAD practitioner or explore their end-of-life options can be referred to the Statewide Care Navigator Service.
More information can be found on the WA Department of Health First Request webpage.