Commonwealth needs to act to allow all NSW patients access to a dignified death

The Australian Medical Association (NSW) has renewed calls for the Commonwealth Government to remove the exclusion of telemedicine, emails and phone calls from laws relating to Voluntary Assisted Dying (VAD).

It comes after the federal court ruling today that the definition of suicide under criminal law applies to VAD. The ruling means that doctors who advise patients about VAD via telehealth, email or phone consultations could face criminal charges.

AMA (NSW) President Dr Michael Bonning said ”Voluntary Assisted Dying is a health service and as such, doctors and patients should be able to use telehealth facilities just as with any other health service.

“We have particular concerns for those in rural, regional, and remote areas for whom telehealth and similar carriage services could be their only way of accessing a dignified death. The Commonwealth legislation also limits the ability of NSW Health to conduct meetings and send materials to patients. This needs to be revised.

“We are calling on the Commonwealth Government to remove the exclusion of telemedicine and other online channels in relation to Voluntary Assisted Dying (VAD).” Dr Bonning said.

The Criminal Code Act, sections 474.29A and 474.29B; prohibit the use of a carriage service to discuss or send ‘suicide-related’ materials. This has been interpreted to impact on discussions relating to VAD and potentially even aspects such as the provision of medication, the undertaking of online training and the distribution of information to patients and doctors.

“The removal of the prohibition would still allow for states and regulators to develop appropriate guidelines, as would occur with other clinical practices.” Dr Bonning said. “The doctor is subject to the same level of regulation and accountability for telehealth, emails and phone calls as would apply in other settings.

“We must act now to ensure all eligible patients have equal access to the end-of-life planning of their choice.”

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