Editing Philip Nitschke (section)

== Conflict with Medical Board of Australia ==
In February 2014 Nitschke was approached after a workshop by Nigel Brayley, 45. Brayley was facing ongoing questions about the death of his wife, which police were treating as suspected murder.<ref name="murder-suspect">{{cite web |url=http://www.perthnow.com.au/news/western-australia/nigel-brayleys-wife-defends-her-husband-against-accusations-of-foul-play-in-lina-brayleys-death/story-fnhocxo3-1226922419337 |title=Nigel Brayley's wife defends her husband against accusations of foul play in Lina Brayley's death |access-date=17 January 2015 |publisher=News Corp |archive-url=https://web.archive.org/web/20150407100510/http://www.perthnow.com.au/news/western-australia/nigel-brayleys-wife-defends-her-husband-against-accusations-of-foul-play-in-lina-brayleys-death/story-fnhocxo3-1226922419337 |archive-date=7 April 2015 |url-status=dead |df=dmy-all }}</ref> Two other female friends of his had also died, one of whom is still missing.<ref name="murder-suspect" /><ref name="serialk">{{cite web |url=http://www.abc.net.au/7.30/content/2014/s4057272.htm |title=Euthanasia advocate Philip Nitschke hits back after medical board suspension |access-date=25 July 2014 |publisher=Australian Broadcasting Corporation |author=Caitlyn Gribbin and Madeleine Morris |archive-url=https://web.archive.org/web/20150402135315/http://www.abc.net.au/7.30/content/2014/s4057272.htm |archive-date=2 April 2015 |url-status=live |df=dmy-all }}</ref><ref name="killer1">{{cite web |url=http://www.perthnow.com.au/news/western-australia/dr-philip-nitschke-suspended-from-practice-over-allegations-he-helped-perth-man-nigel-brayley-commit-suicide/story-fnhocxo3-1227000004448 |title=Dr Philip Nitschke suspended from practice over allegations he helped Perth man Nigel Brayley commit suicide |access-date=24 July 2014 |publisher=PerthNow |archive-url=https://web.archive.org/web/20140728142002/http://www.perthnow.com.au/news/western-australia/dr-philip-nitschke-suspended-from-practice-over-allegations-he-helped-perth-man-nigel-brayley-commit-suicide/story-fnhocxo3-1227000004448 |archive-date=28 July 2014 |url-status=dead |df=dmy-all }}</ref><ref name="killer">{{cite news |url=http://www.theaustralian.com.au/news/health-science/philip-nitschke-linked-to-wifekiller-nigel-brayley/story-e6frg8y6-1226996620967 |title=Philip Nitschke linked to wife-killer Nigel Brayley |access-date=23 July 2014 |publisher=The Australian |author=Paige Taylor}}</ref> Nitschke recounts that Brayley rebuffed suggestions to seek counselling<ref name="brayley">{{cite news |url=http://www.smh.com.au/national/euthanasia-campaigner-philip-nitschke-may-be-suspended-20140717-zu5j3.html |title=Euthanasia campaigner Philip Nitschke may be suspended |access-date=18 July 2014 |publisher=SMH |archive-url=https://web.archive.org/web/20140727183514/http://www.smh.com.au/national/euthanasia-campaigner-philip-nitschke-may-be-suspended-20140717-zu5j3.html |archive-date=27 July 2014 |url-status=live |df=dmy-all }}</ref> and had already obtained the drug [[Nembutal]].<ref name="brayley2">{{cite web |url=http://www.heraldsun.com.au/news/breaking-news/medical-board-wants-nitschke-struck-off/story-fni0xqi4-1226992212931?nk=47c40ce07154902c49e0bd888631eee9 |title=Medical board wants Nitschke struck off |access-date=19 July 2014 |publisher=Herald Sun}}</ref> Brayley then committed suicide in May 2014. Although Nitschke was unaware of the investigation at the time, he now believes that Brayley, whom he described as a "serial killer", had made a rational decision to commit suicide rather than face long imprisonment.<ref name="brayley2" /> Nitschke stated that he does not believe he could have changed Brayley's mind, that Brayley was not his patient, that Brayley was not depressed and did not seek or want Nitschke's advice.<ref name="assass">{{cite web |url=https://au.news.yahoo.com/a/24539412/euthanasia-advocate-philip-nitschke-hits-out-at-midnight-assassination/ |title=Euthanasia advocate Philip Nitschke hits out at 'midnight assassination' |access-date=24 July 2014 |publisher=7 News }}{{dead link|date=December 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> The Medical Board of Australia (MBA) and [[Beyondblue]] said Nitschke had an obligation to refer the man to a psychologist or psychiatrist<ref>{{cite news|url=http://www.smh.com.au/national/health/jeff-kennett-slams-philip-nitschke-for-helping-man-without-a-terminal-illness-to-die-20140704-zsw94.html|title=Jeff Kennett slams Philip Nitschke for helping man without a terminal illness to die|author=Hagan, Kate|date=5 July 2014|work=[[The Sydney Morning Herald]]|access-date=5 July 2014|archive-url=https://web.archive.org/web/20140705042455/http://www.smh.com.au/national/health/jeff-kennett-slams-philip-nitschke-for-helping-man-without-a-terminal-illness-to-die-20140704-zsw94.html|archive-date=5 July 2014|url-status=live|df=dmy-all}}</ref> (a view dismissed by the NT Supreme Court in 2015).

On 23 July 2014, as a consequence of the Brayley case, the MBA voted to use emergency powers to suspend his practitioner's licence immediately, on the grounds that he presented "a serious risk to public health and safety". Nitschke said he would appeal the suspension, which he claimed was politically motivated, and that the Board "made it clear that what they really object to is the way I think. It's ideas they object to — namely, my belief that people should have a right to suicide, is something they think is contrary to medical practice."<ref name="suspension">{{cite news|url=http://www.abc.net.au/news/2014-07-24/euthanasia-advocate-philip-nitschke-suspended-by-medical-board/5615268|title=Euthanasia advocate Philip Nitschke suspended by the Australian Medical Board|date=24 July 2014|work=[[ABC News (Australia)|ABC News]]|access-date=24 July 2014|archive-url=https://web.archive.org/web/20140724004459/http://www.abc.net.au/news/2014-07-24/euthanasia-advocate-philip-nitschke-suspended-by-medical-board/5615268|archive-date=24 July 2014|url-status=live|df=dmy-all}}</ref> The MBA later clarified that the suspension was an interim measure pending the outcome of an inquiry.<ref name="appeal">{{cite web |url=http://www.heraldsun.com.au/news/breaking-news/euthanasia-campaigner-nitschke-suspended/story-fni0xqi4-1226999570958 |title=Euthanasia campaigner Nitschke will appeal |access-date=24 July 2014 |publisher=Herald Sun |author=Karlis Salna |archive-url=https://web.archive.org/web/20140815173520/http://www.heraldsun.com.au/news/breaking-news/euthanasia-campaigner-nitschke-suspended/story-fni0xqi4-1226999570958 |archive-date=15 August 2014 |url-status=live |df=dmy-all }}</ref> Nitschke said the suspension will not affect his work for Exit International and that he had not practised medicine for years.<ref name="not-a-md">{{cite news |url=http://www.smh.com.au/national/euthanasia-advocate-philip-nitschke-banned-from-practising-medicine-20140724-zw7xw.html |title=Euthanasia advocate Philip Nitschke banned from practising medicine |access-date=3 September 2014 |publisher=SMH |author=Julia Medew |archive-url=https://web.archive.org/web/20140930141956/http://www.smh.com.au/national/euthanasia-advocate-philip-nitschke-banned-from-practising-medicine-20140724-zw7xw.html |archive-date=30 September 2014 |url-status=live |df=dmy-all }}</ref>

Nitschke appealed to an MBA tribunal in Darwin to have his July 2014 suspension from practising medicine overturned. In late 2014 the appeal was rejected on the grounds that, although it was accepted that Brayley was not Nitschke's patient,<ref name="tribunal-finding">{{cite web |url=http://www.austlii.edu.au/au/cases/nt/NTHPRT/2014/5.pdf |title=Nitschke's Appeal to the NT Health Professional Review Tribunal |access-date=19 January 2015 |publisher=AMA |archive-url=https://web.archive.org/web/20151016225951/http://www.austlii.edu.au/au/cases/nt/NTHPRT/2014/5.pdf |archive-date=16 October 2015 |url-status=live |df=dmy-all }}</ref> the controversial concept of rational suicide was inconsistent with the medical profession's code of conduct and that, as a medical practitioner providing advice on suicide, he posed a serious risk because people may elect to commit suicide believing it to be a pathway sanctioned by a medical practitioner and perhaps the medical profession generally.<ref name="conduct">{{cite news |url=https://www.theguardian.com/australia-news/2015/jan/07/philip-nitschke-heads-to-supreme-court-to-fight-for-his-medical-licence |title=Philip Nitschke heads to supreme court to fight for his medical licence |access-date=17 January 2015 |work=The Guardian |date=7 January 2015 |archive-url=https://web.archive.org/web/20150118175301/http://www.theguardian.com/australia-news/2015/jan/07/philip-nitschke-heads-to-supreme-court-to-fight-for-his-medical-licence |archive-date=18 January 2015 |url-status=live |df=dmy-all |last1=Davidson |first1=Helen |last2=Darwin |first2=Helen Davidsonin }}</ref><ref>{{cite news|url=http://www.abc.net.au/news/2015-01-06/philip-nitschke-fails-to-overturn-medical-board-suspension/6003180|title=Philip Nitschke fails to overturn suspension from practising medicine|author=Gribbin, Caitlyn|date=6 January 2015|work=[[ABC News (Australia)|ABC News]]|access-date=16 January 2015|archive-url=https://web.archive.org/web/20150115131035/http://www.abc.net.au/news/2015-01-06/philip-nitschke-fails-to-overturn-medical-board-suspension/6003180|archive-date=15 January 2015|url-status=live|df=dmy-all}}</ref> Nitschke then appealed the tribunal's decision to the Darwin Supreme Court.<ref name="conduct" />

On 6 July 2015 the Northern Territory supreme court upheld Nitschke's appeal, finding the emergency suspension of his licence by the MBA should not have been upheld by a review tribunal.<ref name="reversal">{{cite news |url=https://www.theguardian.com/australia-news/2015/jul/06/nitschke-wins-appeal-against-medical-licence-suspension |title=Philip Nitschke wins appeal over medical licence suspension |work=[[The Guardian]] |date=6 July 2015 |access-date=6 July 2015 |archive-url=https://web.archive.org/web/20150707075535/http://www.theguardian.com/australia-news/2015/jul/06/nitschke-wins-appeal-against-medical-licence-suspension |archive-date=7 July 2015 |url-status=live |df=dmy-all }}</ref> Justice Hiley's ruling said that the tribunal and board had misconstrued the doctors’ code of conduct, which requires them to "protect and promote the health of individuals", as extending to all doctors and all individuals. "A doctor would constantly need to fear that any interaction with any other individual or community, including an individual who is not and never has been his or her patient, may be in breach of the (code), even if the doctor did nothing in circumstances where there was no other obligation to do something," he said. Nitschke said the MBA's erroneous interpretation was "ludicrous" and flew in the face of common law.<ref name="reversal2">{{cite news |url=http://www.theaustralian.com.au/news/health-science/philip-nitschke-wins-back-medical-licence/story-e6frg8y6-1227431425070 |title=Philip Nitschke wins back medical licence |work=[[The Australian]] |date=6 July 2015 |access-date=6 July 2015 }}</ref> Nitschke's lawyer will apply for costs of approximately AU$300,000, which were paid using donations, including $20,000 from Swiss euthanasia organisation [[Dignitas (assisted dying organisation)|Dignitas]].<ref name="nt-n">{{cite news |url=http://www.ntnews.com.au/news/northern-territory/justice-overturns-nitschkes-suspension/story-fnk0b1zt-1227431121981 |title=Justice overturns Nitschke's suspension |work=NT News |date=6 July 2015 |access-date=21 September 2015 |archive-url=https://web.archive.org/web/20150919104824/http://www.ntnews.com.au/news/northern-territory/justice-overturns-nitschkes-suspension/story-fnk0b1zt-1227431121981 |archive-date=19 September 2015 |url-status=live |df=dmy-all }}</ref>

In October 2015 the MBA lifted Nitschke's suspension but drew up a list of 25 conditions under which Nitschke could continue to practise. These conditions included prohibitions on giving advice or information to the public or patients about euthanasia, or Nembutal, or suicide, and forcing him to rescind his endorsement of and involvement with the 'Peaceful Pill' handbook and related videos.<ref name="end">{{cite news |url=https://www.theguardian.com/australia-news/2015/nov/27/philip-nitschke-burns-medical-certificate-and-says-he-will-promote-euthanasia |title=Philip Nitschke burns medical certificate and says he will promote euthanasia |work=[[The Guardian]] |date=28 November 2015 |access-date=28 November 2015 |archive-url=https://web.archive.org/web/20151128004332/http://www.theguardian.com/australia-news/2015/nov/27/philip-nitschke-burns-medical-certificate-and-says-he-will-promote-euthanasia |archive-date=28 November 2015 |url-status=live |df=dmy-all }}</ref> In response Nitschke, calling the MBA's actions "a heavy-handed and clumsy attempt to restrict the free flow of information on end-of-life choice", surveyed more than 1,000 members of his advocacy group, Exit International, and received strong support for ending his medical registration.<ref name="alight">{{cite news |url=http://www.abc.net.au/news/2015-11-27/philip-nitschke-sets-medical-certificate-alight/6981522 |title=Euthanasia advocate Philip Nitschke sets medical certificate alight, rejects Medical Board |work=[[Australian Broadcasting Corporation]] |date=27 November 2015 |access-date=28 November 2015 |archive-url=https://web.archive.org/web/20151128032036/http://www.abc.net.au/news/2015-11-27/philip-nitschke-sets-medical-certificate-alight/6981522 |archive-date=28 November 2015 |url-status=live |df=dmy-all }}</ref> As a consequence of the MBA restrictions and the results of the member survey, Nitschke publicly burned his medical practising certificate and announced the end of his medical career, vowing to continue to promote euthanasia.<ref name="end"/>

Nitschke stated that he will remain a doctor and will legitimately use the title "doctor" (he has a [[Doctor of Philosophy|PhD]]), and will continue to see patients and Exit members in clinics that he runs in Australia and other countries.<ref name="smh-cert">{{cite news |url=http://www.smh.com.au/national/euthanasia-campaigner-philip-nitschke-sets-medical-licence-alight-20151127-gl9wpr.html |title=Euthanasia campaigner Philip Nitschke sets medical licence alight |work=[[Sydney Morning Herald]] |date=27 November 2015 |access-date=28 November 2015 |archive-url=https://web.archive.org/web/20151130044052/http://www.smh.com.au/national/euthanasia-campaigner-philip-nitschke-sets-medical-licence-alight-20151127-gl9wpr.html |archive-date=30 November 2015 |url-status=live |df=dmy-all }}</ref> In the wake of this incident, Nitschke and his partner, Fiona Stewart, decided in 2015 to relocate to the more liberal politico-legal environment of Holland.<ref name="holland">{{cite web |url=https://exitinternational.net/wp-content/uploads/2016/10/Sept-Nov-2016-eDeliverance-1.pdf |title=e-Deliverance Newsletter Sep-Nov 2016 |publisher=[[Exit International]] |date=2016-11-01 |access-date=2016-10-31 }}</ref>