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Amendment of section 84 of Principal Act
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73. Section 84 of the Principal Act is amended—
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(a) in subsection (12)—
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(i) in paragraph (a), by the substitution of “advance healthcare directive, or any revocation or alteration thereof,” for “advance healthcare directive”, and
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(ii) by the substitution of the following paragraph for paragraph (b):
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“(b) subject to subsection (12A), requiring the Director to establish and maintain a register (in this section referred to as the ‘register’) of advance healthcare directives and any revocations or alterations thereof, that are so notified to him or her and that are made in accordance with this section.”,
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and
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(b) by the insertion of the following subsections after subsection (12):
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“(12A) The Director shall arrange for the review of advance healthcare directives, or any revocation or alteration thereof, that are notified to him or her in accordance with regulations made under subsection (12), in order to verify that they comply with this section and once compliance has been so verified, such directives, revocations or alterations may be included in the register.
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(12B) The register shall be in such form as the Director considers appropriate.
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(12C) The Director shall make such details of the register as he or she shall specify available for inspection—
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(a) by or on behalf of healthcare professionals, where such inspection is necessary to obtain information about a person’s treatment choices for the purpose of the treatment of the person,
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(b) by a designated healthcare representative of a person who has made an advance healthcare directive, in relation to that advance healthcare directive, and
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(c) by or on behalf of any other person who, on having provided a reasoned request to the Director, satisfies the Director that he or she has a legitimate interest, having regard to the purposes of this Part, in inspecting those details of the register.
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(12D) The Director may issue an authenticated copy of an advance healthcare directive to—
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(a) healthcare professionals, where receipt of an authenticated copy is necessary to obtain information about a person’s treatment choices for the purpose of the treatment of the person,
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(b) a designated healthcare representative of a person who made an advance healthcare directive, and
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(c) any other person who, on having provided a reasoned request to the Director, satisfies the Director that he or she has a legitimate interest, having regard to the purposes of this Part, in receiving the authenticated copy.
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(12E) The Director shall keep a record of any body or person that has inspected the register or received an authenticated copy from him or her.
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(12F) An authenticated copy of an advance healthcare directive, and, where applicable, any alterations thereof, that is issued by the Director under subsection (12D) and stamped by the Director with a time and date stamp (which may be by automated means), shall be evidence of the contents of the directive, and, where applicable, any alterations thereof, as at the date and time indicated on the stamp.”.
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