Quebec no longer requires double consent
Medical assistance in dying is now available to people at the end of their life in Quebec,
even if they lose their ability to consent to care shortly before the planned administration.
In a joint statement released Thursday afternoon, the Minister of Health, Christian Dubé, and representatives of the opposition parties indicate that section 29 of the Act respecting end-of-life care "will be amended to allow the administration of medical assistance in dying to people at the end of their life who have become incapable of consenting to care after having made a request ”.
On March 17, the federal government amended the criminal code and removed the requirement to obtain a second consent from patients wishing to obtain medical assistance in dying. This second consent, which had to be given just before the administration of medical assistance in dying, meant that people who became incapacitated and were no longer lucid could
no longer have access to medical assistance in dying (MA).
even if they lose their ability to consent to care shortly before the planned administration.
In a joint statement released Thursday afternoon, the Minister of Health, Christian Dubé, and representatives of the opposition parties indicate that section 29 of the Act respecting end-of-life care "will be amended to allow the administration of medical assistance in dying to people at the end of their life who have become incapable of consenting to care after having made a request ”.
On March 17, the federal government amended the criminal code and removed the requirement to obtain a second consent from patients wishing to obtain medical assistance in dying. This second consent, which had to be given just before the administration of medical assistance in dying, meant that people who became incapacitated and were no longer lucid could
no longer have access to medical assistance in dying (MA).
Since Quebec had not yet amended its law, the province found itself having stricter legislation than the federal government on this subject.
In an interview with La Presse recently, the president of the College of Physicians, Dr. Mauril Gaudreault, stressed that Quebec was "the only place in Canada where one must obtain final consent" before receiving medical aid in dying.
At the Special Commission on the evolution of the law concerning end-of-life care in May, the doctor Alain Naud, one of the first doctors to have administered medical assistance in dying in Quebec, considered that the law of Quebec was "unjustly restrictive" and imposed "unworthy ends of life on our patients". D r Gaudreault eg explained to the press that patients preferred to forego pain medication to stay fully conscious until the end and not lose their access to medical help to die.
These people “will no longer have to bring forward the desired moment to receive MAID for fear of becoming unfit to consent to care during the last days of their lives. They will also be able to receive MAID without suffering, since they will be able to continue their medication without fear that it will render them unfit, ”indicates Quebec in its press release.
For the Minister of Health, Christian Dubé, this change will allow these people "to have a more serene end of life". The Minister emphasizes, however, that this modification "does not fall within the work of the Special Commission on the evolution of the law concerning end-of-life care which is currently taking place in the National Assembly". "The latter has more of a mandate to study the issues related to the expansion of medical assistance in dying for people in a situation of incapacity, such as Alzheimer's,
and people suffering from mental disorders", nuances the Minister Dubé.
For Maurice-Richard MP Marie Montpetit, the amendment was guided by an urgent need to act and “will prevent unnecessary suffering for people at the end of their life and additional distress for their families”. For the member for Gouin, Gabriel Nadeau-Dubois, this modification "will relieve several doctors, patients and families". The MNA for Joliette, Véronique Hivon, for her part, affirms that “the whole heart of the reflection that led to the Act respecting end-of-life care was to prevent people from intolerable suffering.
The amendment will ensure that this will is even better assured. "
The amendment was enshrined in Bill 83 on eligibility for the health insurance plan and the general prescription drug insurance plan for certain children whose parents have precarious migratory status. The bill was passed Thursday and will come into force on Friday.
The amendment reads as follows: “When a person at the end of life has become incapable of consenting to care after having made his request, the doctor can still administer medical assistance in dying provided that he is was at the end
of her life and before she became unfit to consent to care. "
The person must have consented, in writing and in the presence of a health professional, in the 90 days preceding the date of the administration of medical assistance in dying, to receive it even if they lose their ability to consent to care.
"Any refusal to receive medical aid in dying manifested" by the person must however "be respected and it cannot in any way be overridden. "
In an interview with La Presse recently, the president of the College of Physicians, Dr. Mauril Gaudreault, stressed that Quebec was "the only place in Canada where one must obtain final consent" before receiving medical aid in dying.
At the Special Commission on the evolution of the law concerning end-of-life care in May, the doctor Alain Naud, one of the first doctors to have administered medical assistance in dying in Quebec, considered that the law of Quebec was "unjustly restrictive" and imposed "unworthy ends of life on our patients". D r Gaudreault eg explained to the press that patients preferred to forego pain medication to stay fully conscious until the end and not lose their access to medical help to die.
These people “will no longer have to bring forward the desired moment to receive MAID for fear of becoming unfit to consent to care during the last days of their lives. They will also be able to receive MAID without suffering, since they will be able to continue their medication without fear that it will render them unfit, ”indicates Quebec in its press release.
For the Minister of Health, Christian Dubé, this change will allow these people "to have a more serene end of life". The Minister emphasizes, however, that this modification "does not fall within the work of the Special Commission on the evolution of the law concerning end-of-life care which is currently taking place in the National Assembly". "The latter has more of a mandate to study the issues related to the expansion of medical assistance in dying for people in a situation of incapacity, such as Alzheimer's,
and people suffering from mental disorders", nuances the Minister Dubé.
For Maurice-Richard MP Marie Montpetit, the amendment was guided by an urgent need to act and “will prevent unnecessary suffering for people at the end of their life and additional distress for their families”. For the member for Gouin, Gabriel Nadeau-Dubois, this modification "will relieve several doctors, patients and families". The MNA for Joliette, Véronique Hivon, for her part, affirms that “the whole heart of the reflection that led to the Act respecting end-of-life care was to prevent people from intolerable suffering.
The amendment will ensure that this will is even better assured. "
The amendment was enshrined in Bill 83 on eligibility for the health insurance plan and the general prescription drug insurance plan for certain children whose parents have precarious migratory status. The bill was passed Thursday and will come into force on Friday.
The amendment reads as follows: “When a person at the end of life has become incapable of consenting to care after having made his request, the doctor can still administer medical assistance in dying provided that he is was at the end
of her life and before she became unfit to consent to care. "
The person must have consented, in writing and in the presence of a health professional, in the 90 days preceding the date of the administration of medical assistance in dying, to receive it even if they lose their ability to consent to care.
"Any refusal to receive medical aid in dying manifested" by the person must however "be respected and it cannot in any way be overridden. "
Ariane Lacoursière
The Press
https://www.lapresse.ca/actualites/sante/2021-06-10/aide-medicale-a-mourir/quebec-n-exige-plus-le-double-consentement.php
The Press
https://www.lapresse.ca/actualites/sante/2021-06-10/aide-medicale-a-mourir/quebec-n-exige-plus-le-double-consentement.php