Section 37Part 5 — PROTECTIONS FOR PROXY AND REGISTERED PRACTITIONERS
Immunity: acting on a directive
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37. (1) Where acting on an operative directive —
a doctor;
another registered practitioner acting on a doctor’s instructions; or Health Care Decisions Act (2022 Revision) Clause 38 c Revised as at 31st December, 2021 Page 25
a proxy, does an act in good faith, without negligence and in compliance or purported compliance with a directive, that doctor, registered practitioner or proxy shall not be criminally or civilly liable for that act.
Subsection (1) includes acting on a revoked directive or a directive that the directive-maker intended to revoke if the doctor, registered practitioner or proxy did not know of the revocation or intended revocation.
Subsection (2) shall apply notwithstanding the following sections of the Penal Code (2022 Revision) —
188(d) (causing death defined);
191 (responsibility of person who has charge of another); and
211 (other negligent acts causing harm).