The Australian Medical Association (AMA) is intensifying its advocacy for federal legislative changes to permit doctors to discuss voluntary assisted dying (VAD) with patients via telehealth. This renewed push follows recent political developments, including an independent federal member’s commitment to reintroduce a VAD Bill and the Labor Party’s decision to incorporate support for telehealth in VAD care into its national platform.
Renewed Call for Legislative Reform
Dr. Danielle McMullen, President of the AMA, has publicly supported the initiative by Kate Chaney MP, the Independent Federal Member for Curtin, to reintroduce legislation that would explicitly enable the use of telehealth for VAD discussions. This move aligns with the Labor Party’s recent adoption of support for telehealth in VAD services, signaling a growing consensus on the need to modernize access to end-of-life choices.
The AMA has long contended that existing federal laws, specifically provisions within the Criminal Code concerning the use of ‘carriage services’ (like phone, video conferencing, or email) to publish or distribute material that counsels or incites suicide, create significant barriers. Dr. McMullen highlighted that these laws were enacted long before VAD became legal in any Australian jurisdiction and were not designed to encompass lawful medical services related to VAD.
Addressing Inequitable Access
A central argument from the AMA is that the current legal framework creates substantial hardship for patients, particularly those residing in regional, rural, and remote areas, as well as individuals too unwell to travel. By treating VAD consultations under laws intended for suicide incitement, outdated legislation inadvertently denies equitable access to a legally available option for many Australians.
“Patients in regional, rural and remote Australia — and those too unwell to travel — are being denied equitable access to a legally available choice, because of outdated laws that were never designed with voluntary assisted dying in mind,” Dr. McMullen stated. The AMA emphasizes that telehealth should serve as a valuable supplement to in-person consultations, rather than a substitute for clinically necessary physical examinations.
The Role of Telehealth in VAD
Dr. McMullen elaborated on the practical benefits of telehealth, explaining that it empowers doctors to connect with patients when an in-person visit is not feasible, necessary, or appropriate. This is particularly crucial for serving patients in isolated communities and for alleviating the logistical and financial burdens associated with long-distance travel for medical appointments.
The association’s stance is that VAD consultations conducted via telehealth can be managed safely and effectively, provided they adhere to appropriate regulations, robust protections, and established professional standards of good medical practice. This approach aims to ensure that while expanding access, the integrity and safety of the VAD process are maintained.
Specific Legislative Action Requested
To rectify the situation, the AMA is urging the Attorney-General to prioritize amendments to the federal Criminal Code. The proposed amendments would introduce a specific exception for lawful communications related to voluntary assisted dying. By carving out this exception, the AMA aims to prevent Commonwealth law from continuing to impede or negatively affect the operation of lawful VAD schemes established by states and territories.
This legislative clarification is seen as essential to ensure that all Australians, regardless of their geographical location or physical condition, can access information and services related to voluntary assisted dying in a manner consistent with their legal rights and medical needs. The AMA’s continued advocacy underscores its commitment to patient welfare and equitable healthcare access across the nation.
