Wet toetsing levensbeëindiging op verzoek en hulp bij zelfdoding- Engelse vertaling

Chapter I Definitions

Section 1

For the purposes of this Act the following definitions apply:

1. a.   Our Ministers: the Minister of Justice and the Minister of Health, Welfare and Sport;

b.  assisted suicide: intentionally helping another person to commit suicide or providing him with the means to do so as referred to in article 294, paragraph 2, second sentence of the Criminal Code;

c.   the physician: the physician who, according to the notification, has terminated life on request or has provided assistance with suicide;

d.  the independent physician: the physician who has been consulted about the physician’s intention to terminate life on request or to provide assistance with suicide;

e.   the care providers: the persons referred to in article 446, paragraph 1, of Book 7 of the Civil Code;

f.   the committee: a regional review committee as referred to in section 3.

Chapter II Due care criteria

Section 2

1.  In order to comply with the due care criteria referred to in article 293, paragraph 2 of the Criminal Code, the physician must:

a.      be satisfied that the patient’s request is voluntary and well considered;

b.      be satisfied that the patient’s suffering is unbearable, with no prospect of improvement;

c.      have informed the patient about his situation and his prognosis;

d.      have come to the conclusion, together with the patient, that there is no reasonable alternative in the patient’s situation;

e.      have consulted at least one other, independent physician, who must see the patient and give a written opinion on whether the due care criteria set out in (a) to (d) have been fulfilled;

f.       have exercised due medical care and attention in terminating the patient’s life or assisting in his suicide.

2.  If a patient aged sixteen or over who is no longer capable of expressing his will, but before reaching this state was deemed capable of making a reasonable appraisal of his own interests, has made a written declaration requesting that his life be terminated, the physician may comply with this request. The due care criteria in subsection 1 apply mutatis mutandis.

3.  If the patient is a minor aged between sixteen and eighteen and is deemed to be capable of making a reasonable appraisal of his own interests, the physician may comply with a request made by the patient to terminate his life or provide assistance with suicide, after the parent or parents who have responsibility for him, or else his guardian, has or have been consulted.

4.  If the patient is a minor aged between twelve and sixteen and is deemed to be capable of making a reasonable appraisal of his own interests, the physician may, if a parent or the parents who have responsibility for him, or else his guardian, can agree to the termination of life or to assisted suicide, comply with the patient’s request. Subsection 2 applies mutatis mutandis.

Chapter III Regional review committees for the termination of life on request and assisted suicide

Division 1: Establishment, composition and appointment

Section 3

1.  There are regional committees to review reported cases of the termination of life on request or assisted suicide as referred to in article 293, paragraph 2 and article 294, paragraph 2, second sentence, respectively, of the Criminal Code.

2.  A committee consists of an odd number of members, including in any event one legal expert who also chairs the committee, one physician and one expert on ethical or moral issues. A committee also comprises alternate members from each of the categories mentioned in the first sentence.

Section 4

1.  The chair, the members and the alternate members are appointed by Our Ministers for a period of four years. They may be reappointed once for a period of four years.

2.  A committee has a secretary and one or more deputy secretaries, all of whom must be legal experts appointed by Our Ministers. The secretary attends the committee’s meetings in an advisory capacity. The appointment ends automatically on the date as of which the official in question ceases to be tasked with filling the position of secretary or deputy secretary.

3.  The secretary is accountable to the committee alone in respect of his work for the committee.

Division 2: Resignation and dismissal

Section 5

The chair, the members and the alternate members may tender their resignation to Our Ministers at any time.

Section 6

The chair, the members and the alternate members may be dismissed by Our Ministers on the grounds of unsuitability or incompetence or for other compelling reasons.

Division 3: Remuneration

Section 7

1.  Without prejudice to sections 4 to 6, rules are laid down by or pursuant to order in council concerning the legal position of the chairs, including at a minimum rules on remuneration.

2.  The rules referred to in subsection 1 may be set differently for each of the chairs, in accordance with the nature and scope of the duties they are to perform.

Division 4: Duties and responsibilities

Section 8

1.  The committee assesses, on the basis of the report referred to in section 7, subsection 2 of the Burial and Cremation Act, whether a physician, in terminating life on request or in assisting with suicide, acted in accordance with the due care criteria set out in section 2.

2.  The committee may request the physician to supplement his report either orally or in writing, if this is necessary for a proper assessment of the physician’s conduct.

3.  The committee may obtain information from the municipal pathologist, the independent physician or the relevant care providers, if this is necessary for a proper assessment of the physician’s conduct.

Section 9

1.  The committee notifies the physician of its findings in writing within six weeks of receiving the report referred to in section 8, subsection 1, giving reasons.

2.  The committee notifies the Board of Procurators General and the inspector of the Health and Youth Care Inspectorate of its findings:

a.      if the physician, in the committee’s opinion, did not act in accordance with the due care criteria set out in section 2; or

b.      if a situation occurs as referred to in section 12, last sentence of the Burial and Cremation Act.

The committee notifies the physician accordingly.

3.  The time limit defined in the first subsection may be extended once for a maximum of six weeks.

The committee notifies the physician accordingly.

4.  The committee is empowered to explain its findings to the physician orally. This oral explanation may be provided at the request of the committee or the physician.

Section 10

The committee is obliged to provide the public prosecutor with all the information that he may request:

1°. for the purpose of assessing the physician’s conduct in a case as referred to in section 9, subsection 2; or

2°. for the purposes of a criminal investigation.

The committee notifies the physician that it has supplied information to the public prosecutor.

Division 6: Procedures

Section 11

The committee is responsible for making a record of all reported cases of termination of life on request or assisted suicide. Our Ministers may lay down further rules on this point by ministerial order.

Section 12

1.  The committee adopts its findings by a simple majority of votes.

2.  Findings are adopted by three members of the committee, each of whom represents one of the categories of expertise referred to in section 3, subsection 2, first sentence.

Section 13

The chairs of the regional review committees meet at least twice a year in order to discuss the methods and operations of the committees. A physician and an expert on ethical or moral issues, who each represent the other members of their category of expertise, are invited to attend these meetings.

Division 7: Confidentiality and disqualification

Section 14

The members and alternate members of the committee are obliged to maintain confidentiality with regard to all the information that comes to their attention in the course of their duties, unless they are required by a statutory regulation to disclose the information in question or unless the need to disclose the information in question is a logical consequence of their responsibilities.

Section 15

A member of the committee sitting to review a particular case must disqualify himself and may be challenged if there are any facts or circumstances which could jeopardise the impartiality of his judgment.

Section 16

Any member or alternate member or the secretary of the committee must refrain from giving any opinion on an intention expressed by a physician to terminate life on request or to provide assistance with suicide.

Division 8: Reporting requirements

Section 17

1.  By 1 April of each year, the committees must submit to Our Ministers a joint report on their activities during the preceding calendar year. Our Ministers lay down the format of such a report by ministerial order.

2.  The report referred to in subsection 1 must state in any event:

a.      the number of cases of termination of life on request and assisted suicide of which the committee has been notified and which the committee has assessed;

b.     the nature of these cases;

c.      the committee’s findings and its reasons.

Section 18

Each year, when they present their budgets to the States General, Our Ministers must report on the operation of the committees on the basis of the report referred to in section 17, subsection 1.

Section 19

1.  On the recommendation of Our Ministers, rules are laid down by order in council on:

      a.      the number of committees and their powers;

b.     their locations.

2.  Further rules may be laid down by Our Ministers by or pursuant to order in council with regard to:

a.      the size and composition of the committees;

b.     their working methods and reporting procedures.

c.      consultations with a representative of the Board of Procurators General and a representative of the Health Care Inspectorate.

Chapter IIIa Bonaire, St Eustatius and Saba

Section 19a

This Act also applies in the territories of the public bodies Bonaire, St Eustatius and Saba in accordance with the provisions of this chapter.

Section 19b

1.  For the purposes of:

–       section 1 (b), ‘article 294, paragraph 2, second sentence of the Criminal Code’ is replaced by: ‘article 307, paragraph 2, second sentence of the Criminal Code of Bonaire, St Eustatius and Saba’;

–       section 1 (f), ‘a regional review committee as referred to in section 3’ is replaced by: ‘a committee as referred to in section 19c’;

–       section 2, subsection 1, opening words, ‘article 293, paragraph 2,’ is replaced by: ‘article 306, paragraph 2 of the Criminal Code of Bonaire, St Eustatius and Saba’;

–              section 8, subsection 1, ‘section 7, subsection 2 of the Burial and Cremation Act’ is replaced by: ‘section 1, subsection 3 of the Death Certificates (Bonaire, St Eustatius and Saba) Act’;

–             section 8, subsection 3, ‘or the relevant care providers’ lapses;

–              section 9, subsection 2, opening words, ‘the Board of Procurators General’ is replaced by ‘the Procurator General’.

2.  Section 1 (e) does not apply.

Section 19c

Notwithstanding section 3, subsection 1, a committee will be appointed by Our Ministers that is competent to review reported cases of termination of life on request or assisted suicide as referred to in article 306, paragraph 2 and article 307, paragraph 2, second sentence of the Criminal Code of Bonaire, St Eustatius and Saba.

Section 19d

The chair of the committee referred to in section 19c takes part in the meetings referred to in section 13.