End of Life Choice Act Implementation Update

Kia ora koutou,

This is the second update providing progress on the programme of work to implement the End of Life Choice Act 2019. In this edition you can find out more about the Act, the implementation progress, engagement that is being undertaken, and the first training module for the health workforce about the Act.

Feedback on content, or topics you would like to see covered in future newsletters is welcomed.

Preparing for the Act coming into force

When the End of Life Choice Act 2019 (the Act) comes into force on 7 November 2021, a functional assisted dying service will be in place to support the Act and the choice that provides to people.

There are many important elements involved in preparing for the introduction of an assisted dying service in New Zealand and the Ministry’s implementation programme has a range of work underway to be ready for November.

About the Act

The End of Life Choice Act 2019 gives people aged over 18 who experience unbearable suffering from a terminal illness the option of legally asking for medical assistance to end their lives.

The Act outlines the legal framework for assisted dying, and includes controls, eligibility criteria and safeguards.

A person who seeks assisted dying must be making an informed decision of their own accord.

Assisted dying remains illegal until the Act comes into force on 7 November 2021. Find out more about the Act on our website here.

Implementation progress

The Ministry’s implementation programme has a number of workstreams to develop the new service.

The statutory bodies that will oversee the service are in the process of being established. The Support and Consultation for End of Life in New Zealand (SCENZ) Group; and the Review Committee are expected to be in place around July.

Nominations for the SCENZ Group and the Review Committee were recently invited and selection processes are now taking place.

Work is also underway to plan for and develop the administrative systems and processes, regulations, and professional guidance, standards and information to support the service. The design of the care pathway and service delivery model will be informed over the coming months by discussions with sector organisations.

As part of the implementation, appropriate processes and guidance around funding and medicines for assisted dying is also being developed. Noting for safety reasons the detail of the medicine regimes will only be provided directly to the practitioners providing the service.

Informing the implementation through engagement

Assisted dying services will become part of the existing health and disability system. Working with the sector is important to ensure the service puts people and their whānau at the centre, uses effective safeguards, and is accessible to those who meet the criteria.

The programme team meets regularly across the health and disability sector, including with the nursing community, to continue to discuss workforce views. Regular engagement is also continuing with agencies that protect and promote the rights of consumers of health and disability support services, responsible authorities, professional bodies, and unions.

An informal Advisory Network meets regularly with the programme team to discuss thinking from different view-points and to inform planning. The Network is made up of a range of medical practitioners, nurses and nurse practitioners, pharmacists, psychiatrists, and palliative care practitioners from across the sector.

Te Tiriti o Waitangi

The Ministry has an obligation to Te Tiriti o Waitangi in every aspect of health and disability service design, delivery and review. Engagement with Māori health organisations is a key part of engagement and implementation of the End of Life Choice Act, including developing policy and guidance for practitioners, and representation on advisory groups and networks that are formed.

Workforce guidance, information and training

The first online training module about the Act and health practitioners’ obligations under the Act, including the right to conscientious objection, will be made available later in May. It will be the first module as part of a series of information and training opportunities for health practitioners.

There will be specific training for practitioners who provide the assisted dying service, and broader information about the new legislation and obligations under the Act for the wider health workforce.

Further information and guidance for health practitioners, along with opportunities to attend information webinars as part of the implementation will be delivered over the coming months.

Health and disability service providers are also encouraged to have conversations with their health workforce, practitioners and staff as part of considering preparing for the Act coming into force. It will be helpful to encourage access to the training and share resources as it becomes available as part of the implementation.

There will also be further workforce surveys undertaken with health practitioners to help inform the implementation and gain an understanding of sector engagement and readiness. The next one is expected mid-year.

The first survey was in February and more information about the key findings can be found on the Ministry website here.

Please note, the milestones on the pieces of work noted in this newsletter as underway will be updated regularly and published on the Ministry website.