29. Before administering medical aid in dying, the physician must (1) be of the opinion that the patient meets all the criteria of section 26, after, among other things,
(a) making sure that the request is being made freely, in particular by ascertaining that it is not being made as a result of external pressure;
(b) making sure that the request is an informed one, in particular by informing the patient of the prognosis for the illness and of other therapeutic possibilities and their consequences;
(c) verifying the persistence of suffering and that the wish to obtain medical aid in dying remains unchanged, by talking with the patient at reasonably spaced intervals given the progress of the patient’s condition;
(d) discussing the patient’s request with any members of the care team who are in regular contact with the patient; and
(e) discussing the patient’s request with the patient’s close relations, if the patient so wishes;
(2) make sure that the patient has had the opportunity to discuss the request with the persons they wished to contact; and
(3) obtain the opinion of a second physician confirming that the criteria set out in section 26 have been met.
The physician consulted must be independent of both the patient requesting medical aid in dying and the physician seeking the second medical opinion. The physician consulted must consult the patient’s record, examine the patient and provide the opinion in writing.
If an end-of-life patient has become incapable of giving consent to care after making the request, the physician may nonetheless administer medical aid in dying to the patient, provided that, at the time the patient was at the end of life and before they became incapable of giving consent to care,
(1) all the conditions prescribed in the first paragraph had been met; and
(2) the patient had given consent, in writing and in the presence of a health professional, and within 90 days before the date of administration of the medical aid in dying, to receiving the aid even if they were to become incapable of giving consent to care before the administration of the aid.
Any refusal to receive medical aid in dying expressed by a patient referred to in the preceding paragraph must be respected and it is prohibited to disregard it in any manner.
2014, c. 2, s. 29; 2021, c. 232021, c. 23, s. 91.