Termination by medical practitioner after 22 weeks
6 Termination by medical practitioner after 22 weeks
A specialist medical practitioner may perform a termination on a person who is more than 22 weeks pregnant if—
the specialist medical practitioner, after considering the matters mentioned in subsection (3) and any advice received under subsection (4), considers that, in all the circumstances, there are sufficient grounds for the termination to be performed, and
the specialist medical practitioner has consulted with another specialist medical practitioner who, after considering the matters mentioned in subsection (3), also considers that, in all the circumstances, there are sufficient grounds for the termination to be performed, and
the specialist medical practitioner has obtained informed consent to the termination from—
the person, or
if the person lacks the capacity to give informed consent to the termination, a person lawfully authorised to give consent on the person’s behalf, and
the termination is performed at—
a hospital controlled by a statutory health organisation, within the meaning of the Health Services Act 1997, or
an approved health facility.
To remove any doubt, subsection (1)(d) does not require that any ancillary services necessary to support the performance of a termination be carried out only at the hospital or approved health facility at which the termination is, or is to be, performed.
In considering whether a termination should be performed on a person under this section, a specialist medical practitioner must consider—
all relevant medical circumstances, and
the person’s current and future physical, psychological and social circumstances, and
the professional standards and guidelines that apply to the specialist medical practitioner in relation to the performance of the termination.
Without limiting subsection (3), the specialist medical practitioner may ask for advice about the proposed termination from a multi-disciplinary team or hospital advisory committee.
In an emergency, a medical practitioner, whether or not a specialist medical practitioner, may perform a termination on a person who is more than 22 weeks pregnant, without acting under subsections (1) and (3), if the medical practitioner considers it necessary to perform the termination to—
save the person’s life, or
save another foetus.
In this section—
ancillary services means—
tests or other medical procedures, or
the administration, prescription or supply of medication, or
another treatment or service prescribed by the regulations.
Note.
This section is intended to reflect the common law position on terminations at the time this Act was enacted, subject to the purposes and requirements of this Act.
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