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

Regulations are current to 2020-05-17 and last amended on 2019-11-01. Previous Versions

SCHEDULE 4(Subsections 7(1) and (2) and section 8)Procedural Requirements — Providing Medical Assistance in Dying

  • 1 An indication of

    • (a) whether the practitioner was of the opinion that the patient met all of the eligibility criteria;

    • (b) whether the practitioner ensured that the patient’s request was made in writing and was signed and dated by the patient or by another person who met the requirements set out in subsection 241.2(4) of the Code;

    • (c) whether the practitioner ensured that the request was signed and dated after the patient was informed by a practitioner that the patient had a grievous and irremediable medical condition;

    • (d) whether the practitioner was satisfied that the request was signed and dated by the patient — or by another person who met the requirements set out in subsection 241.2(4) of the Code — before two independent witnesses who met the requirements set out in subsection 241.2(5) of the Code and who then also signed and dated the request;

    • (e) whether the practitioner ensured that the patient was informed that they may, at any time and in any manner, withdraw their request;

    • (f) whether the practitioner ensured that another practitioner provided a written opinion confirming that the patient met all of the eligibility criteria and, if so, an indication of whether the other practitioner is a medical practitioner or nurse practitioner and the date on which the other practitioner signed that opinion;

    • (g) whether the practitioner was satisfied that they and the practitioner referred to in paragraph (f) were independent within the meaning of subsection 241.2(6) of the Code;

    • (h) whether the practitioner ensured that at least 10 clear days elapsed between the day on which the request was signed by or on behalf of the patient and the day on which the medical assistance in dying was provided or, in the case where the practitioner considered a shorter period appropriate in the circumstances, an indication of which of the following was the basis for that determination:

      • (i) the patient’s death was imminent,

      • (ii) the loss of the patient’s capacity to provide informed consent was imminent;

    • (i) whether the practitioner, immediately before providing the medical assistance in dying, gave the patient an opportunity to withdraw their request and ensured that the patient gave express consent to receive medical assistance in dying;

    • (j) whether in the case where the patient had difficulty communicating, the practitioner took all necessary measures to provide a reliable means by which the patient could have understood the information that was provided to them and communicated their decision; and

    • (k) whether the practitioner informed a pharmacist, before the pharmacist dispensed the substance that the practitioner prescribed or obtained for the patient, that the substance was intended for the purpose of providing medical assistance in dying.

  • 2 The date on which the request was signed by the patient or by another person who met the requirements set out in subsection 241.2(4) of the Code.

 
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