Mental Capacity Act 2005

Alonzi, Andrew; Pringle, Mike

doi:10.1136/bmj.39372.691076.80

Cited by 57 publications

(3 citation statements)

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“…Participants identified up to 31 documents regulating PS: Spain ( n = 11), 5–15 The Netherlands ( n = 4), 16–19 UK ( n = 4), 2 , 20–23 Italy ( n = 4), 23–26 Belgium ( n = 3), 27–29 Hungary ( n = 2) 30 , 31 and Germany ( n = 2). 32 , 33 Diverse regulations were reported: end-of-life laws ( n = 12), professional guidelines ( n = 10), general health care laws ( n = 10) and palliative care laws ( n = 2).…”

Section: Resultsmentioning

confidence: 99%

“…There is no formal legal framework specifically addressing PS (mostly because this is used differently in the UK), but there are legal requirements relevant to PS around advance directives and mental capacity (points 24–26) and requirements around consent and care in the law in general. 20 The General Medical Council produced ethical guidance on the ‘Treatment and care towards the end of life’. 21 It acts as the statutory regulator for the medical profession and is consistent with current laws on decision-making for patients who lack capacity 20 , 39 ; the law prohibiting killing (including euthanasia) and assisting suicide; and the requirements of the Human Rights Act 1998.…”

Section: Resultsmentioning

confidence: 99%

“… 20 The General Medical Council produced ethical guidance on the ‘Treatment and care towards the end of life’. 21 It acts as the statutory regulator for the medical profession and is consistent with current laws on decision-making for patients who lack capacity 20 , 39 ; the law prohibiting killing (including euthanasia) and assisting suicide; and the requirements of the Human Rights Act 1998. However, it is not intended as a statement of the legal principles or a substitute for legal advice.…”

Section: Resultsmentioning

confidence: 99%

See 2 more Smart Citations

Regulations on palliative sedation: an international survey across eight European countries

Garralda

Busa

Pozsgai

et al. 2022

European Journal of Public Health

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Background Palliative sedation is a commonly accepted medical practice. This study aims to clarify how palliative sedation is regulated in various countries and whether this may impact its practice. Methods An online survey requesting regulations on palliative sedation was conducted in Belgium, Germany, Hungary, Italy, The Netherlands, Spain, Romania and the UK. Purposive sampling strategy was used to identify clinicians from different medical fields and legal experts for each country. Regulations were analyzed using the principles of the European Association for Palliative Care Framework on palliative sedation. Country reports describing how palliative sedation is regulated were elaborated. Results One hundred and thirty-nine out of 223 (62%) participants identified 31 laws and other regulations affecting palliative sedation. In Spain, 12 regional laws recognize palliative sedation as a right of the patient at the end of life when there are refractory symptoms. In Italy, the law of informed consent and advance directives specifically recognizes the doctor can use deep sedation when there are refractory symptoms. There are also general medical laws that, while not explicitly referring to palliative sedation, regulate sedation-related principles: the obligation of doctors to honour advance directives, informed consent, the decision-making process and the obligation to document the whole process. In Germany, the Netherlands and the UK, palliative sedation is also regulated through professional guidelines that are binding as good practice with legal significance. Conclusions Palliative sedation is considered in the general law of medical practice, in laws regarding the patient’s autonomy, and through professional guidelines.

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Section: Resultsmentioning

confidence: 99%

Section: Resultsmentioning

confidence: 99%