Cap. 658 Art. 4Medical preparation and certification of directives.

(1) An advance medical directive shall be prepared following consultation between the appearer and a medical practitioner.

(2) The medical practitioner shall assist the appearer in advanced medical planning and shall ensure that the appearer is adequately informed of the nature and clinical implications of the refusals contained in the directive.

(3) The medical practitioner shall assess the mental capacity of the appearer at the time of the preparation of the directive and shall certify that:

(a) such assessment regarding capacity was carried out and the assessment was properly documented;

(b) the appearer possessed mental capacity at that time; and

(c) the directive reflects the wishes of the appearer as clearly expressed, during and after the discussion with the medical practitioner.

(4) The directive as prepared and certified in accordance with this Act shall be signed by the appearer and by the medical practitioner.

(5) The model form contained in the Schedule to this Act and the guidelines which the Minister may from time to time prescribe by means of regulations, may be used for the purposes of assisting appearers and medical practitioners in the drawing up of a directive.

(6) (a) Notwithstanding any other provision of this Act, any processing of special categories of personal data, as referred to in Article 9(1) of Regulation (EU) 2016/679, shall be carried out solely for the purposes of drawing up, registering, recognising and, or implementing an advance medical directive, and shall be performed by, or under the responsibility of a medical practitioner subject to professional secrecy obligations.

(b) Such processing shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to protect the fundamental rights and the interests of the data subject.