Table 1 The requirements of due care in Dutch law as stipulated in the Article 2 of The Termination of Life on Request and Assisted Suicide Act

Under the law, the definition of euthanasia applies when a physician ends the life of a patient at his express request due to unbearable and lasting suffering. Euthanasia means that the physician administers a lethal substance to the patient. In the case of assisted suicide, the physician supplies a lethal substance that the patient takes in the physician’s presence.

The physician must:

a. Be satisfied that the patient’s request is voluntary

and well considered.

b. Be satisfied that the patient’s suffering is unbearable,

with no prospect of improvement.

c. Have informed the patient about his situation

and his prognosis.

d. Have come to the conclusion, together with the

patient, that there is no reasonable alternative in

the patient’s situation.

e. Have consulted at least one other, independent

physician, who must see the patient and give a

written opinion on whether the due care criteria

set out in (a) to (d) have been fulfilled.

f. Have exercised due medical care and attention

in terminating the patient’s life or assisting in

his suicide.

The Act stipulates in section 2.2 that a patient

aged 16 or over who is decisional competent may

draw up an advance directive, setting out a request

for euthanasia. If at some point the patient is no

longer capable of expressing his will, the physician

may accept the advance directive as a request

pursuant to section 2 (1)(a) of the Act.1 2 The

advance directive thus has the same status as an oral

request for euthanasia