The Australian Medical Association is calling on the next federal government to amend the Criminal Code so doctors can provide voluntary assisted dying services in Australia via telehealth.
The call follows the release of the AMA's new position statement on voluntary assisted dying (VAD) , which aims to support doctors and patients who choose to participate in legally available VAD services, as well as those who do not.
Under the Criminal Code Act 1995, it is an offence to use a 'carriage service' (such as a telephone, videoconference, email or other forms of electronic communication) to publish or distribute material that counsels or incites committing or attempting to commit suicide.
AMA President Dr Danielle McMullen said this means doctors who advise patients about VAD via telehealth, email or phone consultations could face criminal charges.
"Doctors have an ethical duty to provide their patients with quality end-of-life care that strives to alleviate pain and suffering, supports individuals' values and preferences for care and allows them to achieve the best quality of life possible," Dr McMullen said.
"The prohibition on the use of telehealth could have a major impact on people living in regional, rural and remote communities who may not have the same access to medical services as those in the cities and who may need to travel long distances for care.
"It also disadvantages patients who are physically unable to travel for face-to-face consultations, even at relatively short distances, due to their medical condition.
"The next government must act to ensure eligible patients have equal access to the end-of-life planning of their choice. This is not a new issue and problems with the current legislation are well known to the federal government."
The AMA's new position statement reflects the current legislative environment, where voluntary assisted dying (VAD) is now legally available in all Australian states and will be legally available in the ACT in late 2025.
It also follows extensive consultation with AMA members, AMA state and territory offices, AMA councils and committees, and Palliative Care Australia.
Dr McMullen said the AMA maintains a strong focus on palliative care, the right to conscientious objection, and the need to involve the medical profession in any legislative, regulatory or guideline development.
"Investment in VAD must never compromise the appropriate provision and resourcing of palliative care," Dr McMullen said.
"It is imperative that governments appropriately fund and resource palliative care throughout Australia. No patient should ever explore VAD because they are unable to access timely, quality palliative care.
"Patients should also have access to appropriate counselling and support throughout their end-of-life journey, regardless of their end-of-life care choices."
