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Regulations for the Monitoring of Medical Assistance in Dying (SOR/2018-166)

Regulations are current to 2020-07-28 and last amended on 2019-11-01. Previous Versions

Provision of Information (continued)

Practitioners (continued)

Marginal note:Administering a substance — general

  •  (1) A practitioner who has received a patient’s written request for medical assistance in dying and provides medical assistance in dying by administering a substance to the patient must provide the applicable recipient designated under section 2 with the information referred to in Schedules 1, 3, 4 and 6 within 30 days after the day on which the patient dies.

  • Marginal note:Administering a substance — Ontario

    (2) Despite subsection (1), a practitioner who has received a patient’s written request for medical assistance in dying and provides medical assistance in dying in Ontario by administering a substance to the patient must provide the recipient designated under paragraph 2(2)(a) with the information referred to in Schedules 1, 3, 4 and 6 within 30 days after the day on which the patient dies.

Marginal note:Death — other cause

 A practitioner who has received a patient’s written request for medical assistance in dying must, within 30 days after the day on which the practitioner becomes aware that the patient died from a cause other than medical assistance in dying, provide the applicable recipient designated under section 2 with the following information:

  • (a) the information referred to in Schedule 1;

  • (b) in the case where the practitioner has determined that the patient met all of the eligibility criteria, the information referred to in Schedule 3; and

  • (c) the date of the patient’s death, if known, and, if the patient’s medical certificate of death was completed by the practitioner, the immediate and underlying causes of death as indicated on the certificate.

Marginal note:Cessation of certain requirements

 A practitioner who has received a patient’s written request for medical assistance in dying is not required to provide information under a provision of these Regulations — other than subsection 7(1) or (2) or 8(1) or (2), as the case may be — with regard to any circumstances relating to the request that the practitioner becomes aware of, or any actions that the practitioner takes in respect of the request, after the 90th day after the day on which the practitioner received the request.

Pharmacists

Marginal note:Dispensing of substance

 A pharmacist who dispenses a substance in connection with the provision of medical assistance in dying must provide the applicable recipient designated under section 2 with the information referred to in Schedule 7 within 30 days after the day on which they dispense the substance.

Collection of Information

Marginal note:Information from provinces and territories

  •  (1) The Minister of Health may, for the purposes of monitoring medical assistance in dying, collect personal information relating to written requests for, and the provision of, medical assistance in dying from a provincial or territorial government, or any of its institutions, or from a public body established under an Act of the legislature of a province or territory.

  • Marginal note:Coroners and medical examiners

    (2) Without restricting the generality of subsection (1), the Minister of Health may, for the purposes of monitoring medical assistance in dying, request that the Chief Coroner or Chief Medical Examiner of a province or territory provide the Minister, on a voluntary basis, with the following information:

    • (a) the number of patients who died as a result of having received medical assistance in dying in the province or territory; and

    • (b) personal information relating to the death of patients who died as a result of having received medical assistance in dying in the province or territory, including:

      • (i) copies of medical certificates of death of those patients; and

      • (ii) the findings of any investigations undertaken by the Chief Coroner or Chief Medical Examiner in respect of the deaths of those patients.

Publication of Information

Marginal note:Report

  •  (1) The Minister of Health must cause to be published, at least once a year, on the website of the Government of Canada a report that is based on information that the Minister obtained under these Regulations.

  • Marginal note:Content — period covered by report

    (2) The report must contain information relating to written requests for medical assistance in dying received by practitioners and the provision of medical assistance in dying during the period covered by the report, including:

    • (a) the number of requests that were made and the results of those requests;

    • (b) the characteristics, including medical characteristics, of patients;

    • (c) the nature of the intolerable physical or psychological suffering of patients who received medical assistance in dying;

    • (d) the reasons for which patients did not receive medical assistance in dying, including which of the eligibility criteria were not met by patients;

    • (e) the places in which medical assistance in dying was provided;

    • (f) time periods relating to the handling of requests for, and the provision of, medical assistance in dying;

    • (g) information as to whether practitioners consulted with other health care professionals or social workers regarding requests;

    • (h) the nature of involvement of practitioners in requests and the provision of medical assistance in dying, including the respective involvement of medical practitioners and nurse practitioners; and

    • (i) information as to whether patients consulted with practitioners concerning their health — for a reason other than seeking medical assistance in dying — before practitioners received their requests for medical assistance in dying.

  • Marginal note:Other content

    (3) The report must also contain

    • (a) the methodology employed to arrive at any findings set out in the report;

    • (b) information on trends in written requests for, and the provision of, medical assistance in dying; and

    • (c) the period covered by the report.

  • Marginal note:Restriction

    (4) The report must not include any personal information of an individual

    • (a) who provided information under these Regulations; or

    • (b) in respect of whom information was obtained by the Minister of Health under these Regulations.

Other Disclosure

Marginal note:Disclosure to provinces and territories

 The Minister of Health may disclose to a provincial or territorial government, or any of its institutions, or to a public body established under an Act of the legislature of a province or territory personal information that the Minister obtained under these Regulations if the purpose of the disclosure is to support the monitoring of medical assistance in dying in the province or territory.

Marginal note:Research

 The Minister of Health may disclose, for the purposes of enabling research or statistical analysis with respect to medical assistance in dying, personal information that the Minister obtained under these Regulations — other than an individual’s name — to any individual or organization if the Minister

  • (a) determines that the disclosure is necessary to achieve the objectives of the research or statistical analysis; and

  • (b) receives a written undertaking by the individual or organization

    • (i) to use the information only for the purpose for which it was disclosed, and

    • (ii) not to disclose the information in any form that could reasonably be expected to identify the individual to whom it relates.

Marginal note:Disclosure to Minister of Health

  •  (1) A recipient designated under subsection 2(2) must disclose to the Minister of Health, within 30 days after the day on which a quarter begins, the information — other than the information referred to in paragraphs 2(a) and (g) of Schedule 1 and paragraphs 2(a) and (d) of Schedule 7 — that the recipient obtained under these Regulations in the preceding quarter.

  • Marginal note:Definition

    (2) For the purposes of subsection (1), quarter means any period of three consecutive months beginning on January 1, April 1, July 1 or October 1.

Coming into Force

Marginal note:Fourth month after registration

  • Footnote * (1) These Regulations, except section 13, come into force on the first day of the fourth month following the month in which they are registered.

  • Marginal note:Section 13

    (2) Section 13 comes into force on the first anniversary of the day on which section 2 of these Regulations comes into force.

  • Return to footnote *[Note: Regulations, except section 13, in force November 1, 2018; section 13 in force November 1, 2019.]

 
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