S-32.0001, r. 0.1 - Regulation respecting the conditions for accessing and operating the advance medical directives register

Updated to 1 January 2024

This document has official status.

chapter S-32.0001, r. 0.1

Regulation respecting the conditions for accessing and operating the advance medical directives register

Act respecting end-of-life care

(chapter S-32.0001, s. 64).

CHAPTER I PURPOSE

1. This Regulation sets out the conditions for accessing and operating the advance medical directives register established by the Minister pursuant to section 63 of the Act.

M.O. 2016-004, s. 1.

CHAPTER II MANAGEMENT OF ACCESS TO THE ADVANCE MEDICAL DIRECTIVES REGISTER

DIVISION I ACCESS MANAGER

2. The function of the access authorization manager is to give the necessary access authorizations to intervening parties so that they have access to the advance medical directives register.

Before assigning access authorizations, the access authorization manager must ensure that the intervening party requesting access to the advance medical directives register needs access within the scope of the party’s functions.

M.O. 2016-004, s. 2.

3. The following persons may be authorized to act as access authorization manager:

(1)  a person designated by the president and executive director or the executive director of a health and social services institution;

(2)  a person designated by the executive director of a palliative care hospice;

(3)  a person designated by the register manager to ensure the management of the register.

M.O. 2016-004, s. 3.

4. Not more than 2 persons may act as access authorization manager in a health and social services institution.

Only one person may act as access authorization manager in a palliative care hospice.

M.O. 2016-004, s. 4.

5. A person requests from the Minister the authorizations required to act as access authorization manager by providing to the Minister the name of the institution or palliative care hospice for which the person wishes to act and the documents proving that the person has been designated by the president and executive director or the executive director of the institution or palliative care hospice, as the case may be.

M.O. 2016-004, s. 5.

DIVISION II ACCESS AUTHORIZATIONS

6. An authorization for access to the advance medical directives register may be assigned to

(1)  a physician practising in a centre operated by a health and social services institution or in a private health facility;

(2)  a nurse practising in a centre operated by a health and social services institution, in a palliative care hospice or in a private health facility;

(3)  the holder of a training card issued by the secretary of the Collège des médecins du Québec, practising in a centre operated by a health and social services institution or in a private health facility;

(4)  the holder of an authorization issued by the Collège des médecins du Québec under section 42.4 of the Professional Code (chapter C-26), practising in a centre operated by a health and social services institution or in a private health facility;

(5)  a person providing technical support services to a physician;

(6)  a person employed by the register manager to whom the Minister entrusted the management of the register, if applicable.

M.O. 2016-004, s. 6.

7. Before assigning authorizations for access to the advance medical directives register, the access authorization manager must verify the identity of the intervening party.

M.O. 2016-004, s. 7.

CHAPTER III OPERATION OF THE ADVANCE MEDICAL DIRECTIVES REGISTER

DIVISION I GENERAL

8. For the purposes of this Chapter, a reference to the Minister is a reference, if applicable, to the manager to whom the Minister entrusted the management of the advance medical directives register pursuant to the second paragraph of section 63 of the Act.

M.O. 2016-004, s. 8.

DIVISION II RECORDING OF ADVANCE MEDICAL DIRECTIVES IN THE REGISTER

9. Advance medical directives are sent to the Minister by their author using the prescribed form.

At the request of their author, advance medical directives may also be sent to the Minister by the notary who received the notarial act. The notary then sends a copy of the directives using an information technology medium and indicating the date on which they were signed.

M.O. 2016-004, s. 9.

10. As soon as the Minister receives advance medical directives, the Minister records them in the register after ascertaining the unique identification of their author using, in particular, the following information:

(1)  name;

(2)  date of birth;

(3)  sex;

(4)  health insurance number.

M.O. 2016-004, s. 10.

11. Where advance medical directives are sent by their author, the Minister refuses to record them in the register if they are not signed and dated or if their author is under 18 years of age. In such a case, the Minister returns the directives to their author specifying the reasons why the Minister refused to record them in the register.

M.O. 2016-004, s. 11.

DIVISION III CHANGE TO ADVANCE MEDICAL DIRECTIVES

12. Where advance medical directives are sent to the Minister and such directives have already been filed in the register for the author of the directives, the Minister removes the previous directives and replaces them by the most recent.

M.O. 2016-004, s. 12.

DIVISION IV REVOCATION OF ADVANCE MEDICAL DIRECTIVES FROM THE REGISTER

13. Where the author of advance medical directives wishes to revoke them, the author must send to the Minister, in paper form, the revocation form prescribed under section 54 of the Act.

On receipt of the revocation form, the Minister removes the advance medical directives from the register.

As soon as the Minister receives a revocation form, the Minister records the form in the advance medical directives register after ascertaining the unique identification of the author of advance medical directives by means of the information provided for in section 10.

M.O. 2016-004, s. 13.

DIVISION V REMOVAL OF ADVANCE MEDICAL DIRECTIVES FROM THE REGISTER

14. Where the author of advance medical directives wishes to remove them from the register without revoking them, the author must send to the Minister, in paper form, the removal form that has been sent to the author, at the author’s request, by the Minister.

On receipt of the removal form and after ascertaining the unique identification of the author of advance medical directives by means of the information provided for in section 10, the Minister removes the advance medical directives from the register. All information relating to the existence of the directives is also removed from the register.

Where advance medical directives were made on the prescribed form, the Minister returns them to their author.

M.O. 2016-004, s. 14.

15. Where the Minister is informed of the death of the author of advance medical directives, the Minister removes them from the register.

M.O. 2016-004, s. 15.

DIVISION VI CONSULTATION OF THE ADVANCE MEDICAL DIRECTIVES REGISTER

16. Where an intervening party requests access to the advance medical directives register, the party’s access authorizations are verified.

M.O. 2016-004, s. 16.

17. Where it is noted that a person is incapable of giving consent to care, the intervening party consults the advance medical directives register to verify the existence of such directives. The intervening party must use the following information relating to their author:

(1)  name;

(2)  date of birth;

(3)  sex;

(4)  health insurance number.

M.O. 2016-004, s. 17.

18. Where advance medical directives were recorded in the advance medical directives register, the intervening party consulting them files them in the person’s record.

Where no advance medical directives have been filed in the register or they have been removed from the register without being revoked, the register indicates that no advance medical directives exist.

Where advance medical directives have been revoked, the form for the revocation of advance medical directives is disclosed to the intervening party consulting the register.

M.O. 2016-004, s. 18.

CHAPTER IV LOG

19. The Minister logs the access of the authorized intervening parties who access the advance medical directives register, the date and time of access and the results obtained by the intervening parties.

M.O. 2016-004, s. 19.

CHAPTER V FINAL

20. (Omitted).

M.O. 2016-004, s. 20.

REFERENCES

M.O. 2016-004, 2016 G.O. 2, 2098