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CATHOLIC TODAY OCTOBER 2007 Q I am a qualified nurse (RGN) and want to specialize in the care of the dying . The Joffe Assisted Dying for the Terminally Ill Bill , although blocked by the House of Lords , is often discussed by my nursing colleagues . I want to care for the terminally ill but I want also to be able to follow my conscience which is informed by my Catholic Faith. Can you give me or advise me on this issue both regarding current thinking and any new developments? A Ethical debates about what is morally or spiritually acceptable in medical or nursing practice are not new. The principle of the duty of primum non nocere or non maleficence was inscribed into the Hippocratic Oath around 425 BC ‘I will follow that system of regimen which, according to my ability and judgment, I consider for the benefit of my patients, and abstain from whatever is deleterious and mischievous. I will give no deadly medicine to any one if asked, nor suggest any such counsel; and in like manner I will not give a woman a pessary to produce abortion. With purity and with holiness I will pass my life and practice my Art.’( Maryvale, 2004 ) Such issues remain debated because as practices in society change old debates do take on new concepts and meanings. Jim Dobbin (2007) and Baroness Finlay (2006/07) have both presented private members Palliative Care Bills that have moved quickly through three successful readings in the House of Lords campaigning for a necessary government funded expansion of treatment and care services for the terminally ill and the controversial Joffe Assisted Dying for the Terminally Ill Bill (HMSO,2004) to legalize assisted dying for the terminally ill, blocked on its third attempt by the House of Lords May 2006 still hangs around waiting for a further submission. Voluntary euthanasia or assisted dying requested by the patient, non-voluntary euthanasia of a person who lacks capacity and involuntary euthanasia or taking of a life against the wishes of the patient all become legal possibilities if the Joffe Bill becomes passed. The Mental Capacity Act (HMSO,2005) to be introduced in two stages April and October 2007 states ‘A person must be assumed to have capacity unless it is established that he lacks capacity’ and ‘is not to be treated as unable to make a decision merely because he makes an unwise decision’ prohibits judgements of a person’s capacity by ‘a person’s age or appearance’ or ‘ an aspect of his behaviour which might lead others to make unjustified assumptions about his capacity’ . The Mental Capacity Act relates to persons over 16 years (children under 16 can still claim capacity under the Children Act (HMSO,1989), persons must be over 18 years for some decision making processes and the act empowers professionals carers and family and friends to make best interest decisions about health and property for persons who they deem to lack capacity. Whilst ill treatment and negligence by a carer can incur a criminal liability to prosecution the possibility of legalized euthanasia opens new concerns about what is in the best interest of the patient if care places too many demands on carers or earlier gain from inheritance of money or property influences decisions of carers. If a person is deemed to have capacity but makes an unreasonable decision are all the possible situational variables such as poor diet or medication or violence or intimidation from relatives fully considered when such an unreasonable decision is made. The Department of Health document Human Rights in Healthcare (DH,2007) provides a guide to local NHS Trusts and makes some attempt to protect basic rights within healthcare including the right to dignity and to religious belief that are at risk of being overlooked as local strategies become shaped by national economic constraints. The Professional regulatory bodies of nursing and medicine do provide guidance and conscience clause exits where there is ethical conflict with personal belief but may also suspend a doctor or nurse deemed unfit to practice within a particular work practice area. Doctors and nurses divert more easily ,once trained, into areas that produce less ethical conflict with personal beliefs but will rarely ,if ever, be completely able to avoid all ethical dilemmas .The Royal College of Psychiatrists (2007)acknowledges ‘the problem of good and evil and a wide range of specific experiences invested with spiritual meaning’ occurring around birth ,death and other life experiences that should be acknowledged in healthcare delivery.. Some information on the diverse nature of spirituality usually exists within palliative care because of the holistic nature of terminal care when dealing with death. Searches for such information in other areas of health delivery can be somewhat heuristic because there is often little or no reference to spirituality in professional journals or website content of professional organizations Teaching on the spiritual dimensions of healthcare practice and specifically Christian or Catholic resources for studying spirituality within health are usually those that are provided by the Churches. The authoritative magisterial teachings of the Vatican documents such as Evangelium Vitae (Pope John Paul II,1995) presented more pragmatically for everyday practice by documents produced by the Bishops’ Conference of England and Wales such as Cherishing Life (2004)or Care not Killing Resource Materials (2006) can provide valuable material for individual study or lectures, discussion and debate on a range of contemporary ethical concerns Access to more information on Vatican and UK documents and recent UK legislation listed above and to the Royal College of Psychiatrists website is available on our national and archdiocesan websites www.catholicnurses.org.uk and www.catholicnursesbham.co.uk . References Bishops Conference of England and Wales (2004) Cherishing Life ,London ,CTS Available online http://www.catholic-ew.org.uk/cherishinglife/contents.htm Bishops Conference of England and Wales (2006) Care not Killing Resource Materials, London, St Mary’s College. Available online http://www.catholic-ew.org.uk/cnk/briefmaterial.pdf DH (2007) Human Rights in Healthcare, London, Department of Health Available online http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_073473 Dobbin,J (2007) Provision of Palliative Care Bill 2007, London ,HMSO Available online http://www.publications.parliament.uk/pa/cm200607/cmbills/040/2007040.pdf Finlay,J Baroness (2006/07) Palliative Care Bill, London,HMSO Available online http://www.publications.parliament.uk/pa/ld200607/ldbills/004/2007004.pdf HMSO (1989) The Children Act,London,HMSO Available online http://www.opsi.gov.uk/acts/acts1989/Ukpga_19890041_en_1.htm HMSO (2004)Assisted Dying for the Terminally Ill Bill,London,HMSO Available online http://www.publications.parliament.uk/pa/ld200304/ldbills/017/2004017.htm HMSO (2005) The Mental Capacity Act , London,HMSO Available online http://www.opsi.gov.uk/acts/acts2005/20050009.htm Maryvale Institute (2004) Fundamental Themes in Christian Ethics, Birmingham,Maryvale Institute Pope John Paul II (1995) Evangelium Vitae ,London,CTS available online http://www.vatican.va/edocs/ENG0141/_INDEX.HTM Royal College of Psychiatrists (2007) Spirituality and Psychiatry Special Interest Group available online http://www.rcpsych.ac.uk/college/specialinterestgroups/spirituality.aspx Mary Farnan Association of Catholic Nurses Archdiocese of Birmingham Article abridged for submission
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