UNIVERSITY OF BIRMINGHAM Should the Royal College of General Practitioners have a stance on the Assisted Dying Bill and how should that stance be decided? Matthew Palethorpe This is a report submitted as part requirement for my Intercalated Scholarship from the Institute of Medical Ethics. Introduction The legalisation of Physician Assisted Suicide (PAS) represents one of the greatest changes in medical law since the Abortion Act. The Assisted Dying Bill 2013, tabled by Lord Falconer, is the latest attempt to legalise PAS.(1) Professional bodies within the medical profession have responded to the proposal in a variety of ways, with some taking a clear and principled stance for or against, while others have remained silent.(2) This study explored whether the RCGP should have a stance, and how it should be decided. The Royal College of General Practitioners (RCGP) conducted a consultation of its members on assisted dying, and decided to continue with its opposition to any change in RCGP’s stance on assisted dying law.(3,4) Prior to that consolation, Gerada “[T]he RCGP believes that, with current called for the RCGP to reconsider its position, improvement in palliative care, good and take a neutral stance, to allow society to clinical care can be provided within the make a decision without the ‘undue’ influence existing legislation, and that patients can die of the medical profession.(5) with dignity. A change in legislation is not required.” (4) Figure 1 Method Research Questions Primary Research Question 1. Ought the RCGP to have a stance on the Assisted Dying Bill? 2. How should the RCGP decide on their stance? Secondary Research Questions 3. What are the views of GPs about their professional membership bodies taking a public stance on matters of ethical and political controversy? Aims To explore the extent to which the RCGP has a moral obligation to have a stance on the Assisted Dying Bill. To consider which methods the RCGP ought to use to determine its stance. Design An empirical bioethics project was required to meet the aims of this study. Qualitative data was collected via one-to-one interviews, which was used to inform an ethical analysis of (1) the obligation to have a clear stance on assisted dying, and (2) how that stance ought to be determined. Empirical data was used to inform the ethical analysis as it provided ‘encounters with experiences’ that would otherwise have been inaccessible to the researcher.(6-8) The data was used to identify the appropriate context for the debate and elucidate practical and political factors that might not be initially recognised by the researcher (a theorist).(7,9) Reflexive Balancing was used to develop a balanced and theoretically defensible position, with appropriate consideration to as many relevant concerns as possible.(10) Reflexive Balancing involved three stages: (1) Identifying the problem; (2) ‘Disciplinary naïve inquiry into the problem’; (3) ‘Reflexive Balancing’. Six participants were recruited via four arms. All participants were members of the RCGP and practicing GPs. Interviews were conducted either in person or via Skype. A favourable ethical opinion was obtained from the BMedSc PoSH Internal Ethics Research Ethics Committee. Assistance was provided by the RCGP’s Ethics Committee. Brief Summary of Ethical analysis exploring the legitimacy of GPs taking a stance The proposal for a change in law on assisted dying represents a significance dilemma for society and the medical profession. The taking of human life is seen as one of the most reprehensible crimes in the UK,(11) but advocates of assisted dying present strong arguments in favour of taking a permissive attitude towards it. Confronted with such difficult decision, it may be important that the finding of a resolution incorporates some element of democratic consultation – which may lend legitimacy to any decision. Deliberative Democracy suggests that, contrary to Plato’s classic challenge, the views of the every member of society is important and relevant.(12,13) To allow for society to make a truly democratic decision, it is important that they do so without the undue influence of non-experts, who are highly respected socially.(14,15) It has been argued by Gerada that any voice from the medical profession would comprise undue influence, given the powerful social position that the medical professional enjoys [5]. GPs generally have medical expertise in ’managing’ death and dying patients, due to their medical knowledge and from their daily experience of medical practice . Moral expertise, although not necessarily obviously associated with a GP, is an area in which a GP may also be considered an expert. GPs are regularly confronted with medical ethical dilemmas, where they must consider the appropriate resolution to the problem and act upon their decision. A moral expert is one who has skill or knowledge that is greater than the average person.(16) This regular daily practice might be thought to provides GPs with practical moral expertise. Empirical data Two overarching themes emerged from the data: The GP Voice; and Perception of the GP Voice (see Table 1). Table 1 The GP Voice SUBTHEMES The Legitimate Voice The Perception of the GP Voice Public Perception and Trust The Organised Voice Media and Media Representation Determining the Voice Policy Makers’ Perception The participants generally felt that the GPs voice and opinion is important within the debate. P01: [I] don’t agree with that. If that group has a particular expertise or influence or involvement in that topic then they, I think they should take a view on it. The expertise which the participants felt was required to have a stance was the practical expertise of end of life care and safeguarding of patients. All participants required prompting to discuss the moral aspect of the debate. Some felt this was not something they needed to consider, whilst others considered only after prompting. Either way, they tended to see themselves as ‘practice’ experts, rather than moral experts. P01: [I] don’t think doctors have any particular moral authority it’s just more a kind of practical thing. While participants felt it was important that the GP voice was heard in the assisted dying debate, they were also concerned about how that voice was perceived by patients, the media and policy makers (see Table 2). Participants were keen to ensure that their relationship with their patients was not damaged or undermined by the RCGP taking a stance. There was further concern expressed by the participants over the possible media attention and retrospective political backlash from the RGCP talking a stance – whatever that stance was. Table 2 Relationship Evidence (Quote) Doctor - Patient P02: [G]Ps enjoy a lot of trust from the public and I think the RCGP have to be very careful with taking, erm, stances on emotive subjects like this. Media P03: [I] also think that just at the moment in the press I don’t [pause] GPs are getting a good, you know, a good representation. I think they’re, you know, we’re apparently to blame for every crisis in the NHS. Policy Makers P05: [O]r to say, to say in the future, look what those GPs said, you know they said, how callous is that, they said, they said they weren’t going to, er, they weren’t going to look after patients in the way that they would like to be in their, in their dying days. In light of these concerns the participants still thought that it was important that there was an organised voice for GPs within the assisted dying debate, and tended to feel that the process for deciding what the RGCP stance should be ought to be democratic. P02: [T]o reflect the general views of the membership, I think would be the responsibility of the College. Discussion The view expressed by the participants was that GPs are important stakeholders in the debate because of their practical expertise. Therefore, to the participants, it would be reasonable for the RCGP to have a stance against assisted dying, if decided democratically. However, this is problematic because a stance encompasses both practical and moral expertise. Although it is possible to theoretically argue GPs have healthcare moral expertise, there has been no evidence to suggest that GPs are moral experts, which leaves them unable to take a stance. This leaves two opposing, yet equally important principles, the autonomic decision of the general public, free from interference, and the right to democratic representation by members of the RCGP. In order, to find an answer a compromise has been sought. Members of the RCGP Ethics Committee can be considered as practical and moral experts; therefore any stance that they decide upon is made with appropriate considerations of the issues. The democratic mandate can be fulfilled if the democratically elected council refer the decision to the ethics committee, thereby providing a legitimate stance for the RCGP. Conclusion This study has explored the issues surrounding the RCGP having a stance on Assisted Dying. It has been argued that in order to have a democratic stance, to inform the democratic decision of society, the RCGP members must be moral and medical experts, yet there is no evidence to suggest GPs are moral experts. However, democracy is an important principle, and should the members of the RCGP democratically request a stance then they ought to have one. A convoluted solution is required to balance the two; allow the democratically elected representatives to allocate the decision to a specific group of members who are both moral and medical experts. An example of such a group would be the RCGP’s Ethics Committee. Summary of Answers to the Research Questions Question - Ought the RCGP to have a stance on the Assisted Dying Bill? Answer – If the members of the RCGP democratically decide to have a stance, then they ought to have one. Those that decide the stance should have practical expertise in end of life care and moral expertise in healthcare ethical dilemmas. Question - How should the RCGP decide on their stance? Answer – The decision of the stance should be a democratic decision, mediated through the elected representatives, the RCGP Council. Question - What are the views of General Practitioners about their professional membership bodies taking a public stance on matters of ethical and political controversy? Answer – There were varied views on whether the RCGP should take a stance on the ethical and political controversies currently facing the Health Service. There was no consensus among the participants on this matter. Figure 2 Acknowledgements I would like to thank Dr Jonathon Ives for all his help and support throughout the project. I would also like to thank the IME for their Scholarship, which helped make the intercalation possible. Finally, I would like to thank all the participants for their time and enthusiasm. References (1) Lord Falconer of Thoroton. Assisted Dying Bill [HL] 2013-14. Private Members Bill 2013 May 2013. (2) Butler-Sloss E et al. Another 'Assisted Dying' Bill. Does it pass the public safety test? 2013 20/06/2013;2013:5. (3) Royal College of General Practitioners. RCGP announces continued opposition to change in law on assisted dying. 2014; Available at: http://www.rcgp.org.uk/news/2014/february/rcgp-remains-opposed-to-any-change-in-thelaw-on-assisted-dying.aspx. 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