S-32.0001, r. 1 - Regulation respecting the procedure followed by the Commission sur les soins de fin de vie to assess compliance with the criteria for the administration of medical aid in dying and the information to be sent to the Commission by a competent professional and by a pharmacist

Article 3 Versions de la disposition

2025-01-17

3. If medical aid in dying was administered following a contemporaneous request, the information constituting the component referred to in paragraph 1 of section 2 is the following:

1°  concerning the person who requested medical aid in dying:

a)  the date of birth;

b)  sex;

c)  an indication that the competent professional verified that the person was insured within the meaning of the Health Insurance Act (chapter A-29) or that the person is considered an insured person within the meaning of the second paragraph of section 26 of the Act respecting end-of-life care (chapter S-32.0001);

d)  the main medical diagnosis, assessment of the prognosis for the illness or a description of the anticipated clinical course of the physical impairment as well as the detailed clinical picture;

e)  the nature and description of the person’s disabilities;

f)  the nature and description of physical or psychological suffering and the fact that it is persistent and unbearable;

g)  the reasons why the suffering cannot be relieved in a manner the person deems tolerable;

h)  an indication that the competent professional made sure that the person was capable of giving consent to care and the reasons leading the competent professional to that conclusion and, if the person had become incapable of giving consent to care before the administration of medical aid in dying, that the following criteria were complied with:

i.  when the person was at the end of life and before becoming incapable of giving consent to care:

I)  the criteria set out in the first paragraph of section 29 of the Act respecting end-of-life care had been met;

II)  the person had given consent, in writing by means of the form prescribed by the Minister of Health and Social Services and in the presence of a competent professional, 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;

ii.  when the person was at the end of life and after becoming incapable of giving consent to care, the person did not express any refusal to receive medical aid in dying;

h.1)  the date on which the form referred to in subparagraph i of subparagraph h was completed, if applicable;

i)  the date of the discussions with the person to ascertain the persistence of suffering and that the wish to obtain medical aid in dying remains unchanged, and the reasons why the competent professional was convinced of the persistence of suffering and of the constancy of the person’s wish to obtain medical aid in dying;

j)  an indication of whether or not the person wished that the competent professional discuss the person’s request with the person’s close relations or any other person the person has identified and, if applicable, the date of the discussions;

k)  an indication of whether or not the person had the opportunity to discuss the request with all the persons that he or she wished to contact and, if applicable, the reasons why the person could not do so;

l)  a description of the palliative care received by the person, if applicable;

m)  if the person had a physical impairment, an indication that the competent professional made sure that the person evaluated the possibility of obtaining support, advisory or assistance service and, if applicable, a description of the services received by the person;

2°  concerning the request for medical aid in dying:

a)  the date on which the request was completed;

b)  an indication that the competent professional verified that it was made using the form prescribed by the Minister of Health and Social Services under the fourth paragraph of section 26 of the Act respecting end-of-life care;

c)  an indication that the competent professional verified that it was indeed dated and signed by the person personally and, where it was signed by a third person, that the reasons why the third person acted comply with the reasons provided for in section 27 of the Act respecting end-of-life care;

d)  if the request was completed by a third person in the presence of the competent professional, an indication that the competent professional had no apparent reason to doubt the fact that the third person met the criteria provided for in section 27 of the Act respecting end-of-life care;

e)  if the request was not completed in the presence of the competent professional, an indication that the competent professional verified that the request was completed in the presence of a health or social services professional and, if it was completed by a third person, that the professional had no apparent reason to doubt the fact that the third person met the criteria provided for in section 27 of the Act respecting end-of-life care;

f)  (subparagraph revoked);

g)  a description of the verifications made by the competent professional to make sure that the request is made freely and more specifically that it is not made as a result of external pressure;

h)  an indication that the competent professional made sure that the request is an informed one, in particular by ascertaining that the person was fully informed of the following elements and that the person fully understood the information given in their regard:

i.  the medical diagnosis and the prognosis for the illness or the anticipated clinical course of the physical impairment;

ii.  therapeutic possibilities and their consequences, as well as, if applicable, the appropriate measures for compensating for the person’s disabilities and any other care that can be offered;

iii.  other end-of-life care if indicated, in particular palliative care, including continuous palliative sedation, as well as the right to refuse care;

iv.  the progress of the administration of medical aid in dying and possible risks;

v.  the fact that the person may at all times and by any means withdraw the request for medical aid in dying or postpone it;

i)  the date of the discussions with the person to make sure that the person was fully informed of the elements provided for in subparagraph h and that the person fully understood the information given in their regard as well as a summary of the discussions;

j)  an indication of whether or not discussions with respect to the person were conducted between the competent professional and the members of the care team who are in regular contact with the person and, if applicable, the conclusions of those discussions;

2.1°  concerning the competent professional who administered medical aid in dying, an indication that he or she is a physician or a specialized nurse practitioner and, if applicable, was treating the person who requested the medical aid in dying before the request was made;

3°  concerning the second competent professional consulted to confirm that the criteria set out in section 26 of the Act respecting the end-of-life care are met:

a)  an indication that the physician made sure of his or her independence with respect to the person having requested medical aid in dying and the competent professional having administered it;

b)  (subparagraph revoked);

c)  the date or dates on which the competent professional consulted the record of the person who requested medical aid in dying;

d)  the date or dates on which the competent professional personally examined the person who requested medical aid in dying;

e)  the competent professional’s opinion regarding compliance with the criteria set out in section 26 of the Act respecting end-of-life care and the date on which the physician signed the opinion;

f)  an indication that he or she is a physician or a specialized nurse practitioner and, if applicable, was treating the person who requested the medical aid in dying before the request was made;

4°  concerning medical aid in dying:

a)  the date of administration;

b)  (subparagraph revoked);

c)  the health region where the death occurred;

d)  the type of location at which the death occurred, namely,

i.  the domicile of the person who requested medical aid in dying;

ii.  an institution; in that case, specify whether the institution is public or private and the centre operated in the facility in which the death occurred;

iii.  a palliative care hospice; or

iv.  another type of location; in that case, specify the type and indicate if that place was authorized in accordance with the second paragraph of section 4 of the Act respecting end-of-life care.

The competent professional who administered medical aid in dying also sends to the Commission any other information or comment the competent professional deems relevant for examination by the Commission within the framework of its mandate.

O.C. 997-2015, s. 3; D. 1020-2024, s. 3; D. 1611-2024, s. 4; D. 1801-2024, s. 2.

2024-12-12

3. The information constituting the component referred to in paragraph 1 of section 2 is the following:

1°  concerning the person who requested medical aid in dying:

a)  the date of birth;

b)  sex;

c)  an indication that the competent professional verified that the person was insured within the meaning of the Health Insurance Act (chapter A-29) or that the person is considered an insured person within the meaning of the second paragraph of section 26 of the Act respecting end-of-life care (chapter S-32.0001);

d)  the main medical diagnosis, assessment of the prognosis for the illness or a description of the anticipated clinical course of the physical impairment as well as the detailed clinical picture;

e)  the nature and description of the person’s disabilities;

f)  the nature and description of physical or psychological suffering and the fact that it is persistent and unbearable;

g)  the reasons why the suffering cannot be relieved in a manner the person deems tolerable;

h)  an indication that the competent professional made sure that the person was capable of giving consent to care and the reasons leading the competent professional to that conclusion and, if the person had become incapable of giving consent to care before the administration of medical aid in dying, that the following criteria were complied with:

i.  when the person was at the end of life and before becoming incapable of giving consent to care:

I)  the criteria set out in the first paragraph of section 29 of the Act respecting end-of-life care had been met;

II)  the person had given consent, in writing by means of the form prescribed by the Minister of Health and Social Services and in the presence of a competent professional, 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;

ii.  when the person was at the end of life and after becoming incapable of giving consent to care, the person did not express any refusal to receive medical aid in dying;

h.1)  the date on which the form referred to in subparagraph i of subparagraph h was completed, if applicable;

i)  the date of the discussions with the person to ascertain the persistence of suffering and that the wish to obtain medical aid in dying remains unchanged, and the reasons why the competent professional was convinced of the persistence of suffering and of the constancy of the person’s wish to obtain medical aid in dying;

j)  an indication of whether or not the person wished that the competent professional discuss the person’s request with the person’s close relations or any other person the person has identified and, if applicable, the date of the discussions;

k)  an indication of whether or not the person had the opportunity to discuss the request with all the persons that he or she wished to contact and, if applicable, the reasons why the person could not do so;

l)  a description of the palliative care received by the person, if applicable;

m)  if the person had a physical impairment, an indication that the competent professional made sure that the person evaluated the possibility of obtaining support, advisory or assistance service and, if applicable, a description of the services received by the person;

2°  concerning the request for medical aid in dying:

a)  the date on which the request was completed;

b)  an indication that the competent professional verified that it was made using the form prescribed by the Minister of Health and Social Services under the fourth paragraph of section 26 of the Act respecting end-of-life care;

c)  an indication that the competent professional verified that it was indeed dated and signed by the person personally and, where it was signed by a third person, that the reasons why the third person acted comply with the reasons provided for in section 27 of the Act respecting end-of-life care;

d)  if the request was completed by a third person in the presence of the competent professional, an indication that the competent professional had no apparent reason to doubt the fact that the third person met the criteria provided for in section 27 of the Act respecting end-of-life care;

e)  if the request was not completed in the presence of the competent professional, an indication that the competent professional verified that the request was completed in the presence of a health or social services professional and, if it was completed by a third person, that the professional had no apparent reason to doubt the fact that the third person met the criteria provided for in section 27 of the Act respecting end-of-life care;

f)  (subparagraph revoked);

g)  a description of the verifications made by the competent professional to make sure that the request is made freely and more specifically that it is not made as a result of external pressure;

h)  an indication that the competent professional made sure that the request is an informed one, in particular by ascertaining that the person was fully informed of the following elements and that the person fully understood the information given in their regard:

i.  the medical diagnosis and the prognosis for the illness or the anticipated clinical course of the physical impairment;

ii.  therapeutic possibilities and their consequences, as well as, if applicable, the appropriate measures for compensating for the person’s disabilities and any other care that can be offered;

iii.  other end-of-life care if indicated, in particular palliative care, including continuous palliative sedation, as well as the right to refuse care;

iv.  the progress of the administration of medical aid in dying and possible risks;

v.  the fact that the person may at all times and by any means withdraw the request for medical aid in dying or postpone it;

i)  the date of the discussions with the person to make sure that the person was fully informed of the elements provided for in subparagraph h and that the person fully understood the information given in their regard as well as a summary of the discussions;

j)  an indication of whether or not discussions with respect to the person were conducted between the competent professional and the members of the care team who are in regular contact with the person and, if applicable, the conclusions of those discussions;

2.1°  concerning the competent professional who administered medical aid in dying, an indication that he or she is a physician or a specialized nurse practitioner and, if applicable, was treating the person who requested the medical aid in dying before the request was made;

3°  concerning the second competent professional consulted to confirm that the criteria set out in section 26 of the Act respecting the end-of-life care are met:

a)  an indication that the physician made sure of his or her independence with respect to the person having requested medical aid in dying and the competent professional having administered it;

b)  (subparagraph revoked);

c)  the date or dates on which the competent professional consulted the record of the person who requested medical aid in dying;

d)  the date or dates on which the competent professional personally examined the person who requested medical aid in dying;

e)  the competent professional’s opinion regarding compliance with the criteria set out in section 26 of the Act respecting end-of-life care and the date on which the physician signed the opinion;

f)  an indication that he or she is a physician or a specialized nurse practitioner and, if applicable, was treating the person who requested the medical aid in dying before the request was made;

4°  concerning medical aid in dying:

a)  the date of administration;

b)  (subparagraph revoked);

c)  the health region where the death occurred;

d)  the type of location at which the death occurred, namely,

i.  the domicile of the person who requested medical aid in dying;

ii.  an institution; in that case, specify whether the institution is public or private and the centre operated in the facility in which the death occurred;

iii.  a palliative care hospice; or

iv.  another type of location; in that case, specify the type and indicate if that place was authorized in accordance with the second paragraph of section 4 of the Act respecting end-of-life care.

The competent professional who administered medical aid in dying also sends to the Commission any other information or comment the competent professional deems relevant for examination by the Commission within the framework of its mandate.

O.C. 997-2015, s. 3; D. 1020-2024, s. 3; D. 1611-2024, s. 4.

2024-07-25

3. The information constituting the component referred to in paragraph 1 of section 2 is the following:

1°  concerning the person who requested medical aid in dying:

a)  the date of birth;

b)  sex;

c)  an indication that the competent professional verified that the person was insured within the meaning of the Health Insurance Act (chapter A-29) and that there is proof in the record, as well as the date of expiry of the person’s health insurance card or, failing that, an indication that the competent professional verified that the person is considered an insured person within the meaning of the second paragraph of section 26 of the Act respecting end-of-life care (chapter S-32.0001), and that there is proof in the record;

d)  the main medical diagnosis and assessment of vital prognosis;

e)  the nature and description of the person’s disabilities;

f)  the nature and description of physical or psychological suffering and the fact that it is persistent and unbearable;

g)  the reasons why the suffering cannot be relieved in a manner the person deems tolerable;

h)  an indication that the competent professional made sure that the person was capable of giving consent to care and the reasons leading the competent professional to conclude that the person is not incapable of giving consent to care;

i)  the date of the discussions with the person to ascertain the persistence of suffering and that the wish to obtain medical aid in dying remains unchanged, and the reasons why the competent professional was convinced of the persistence of suffering and of the constancy of the person’s wish to obtain medical aid in dying;

j)  an indication of whether or not the person wished that the competent professional discuss the person’s request with the person’s close relations or any other person the person has identified and, if applicable, the date of the discussions and their conclusions;

k)  the description of the steps taken to make sure that the person had the opportunity to discuss the request with every person that he or she wished to contact;

l)  an indication of whether or not the person had the opportunity to discuss with all the persons he or she wished to contact and the reasons why the person could not do so, if applicable;

2°  concerning the request for medical aid in dying:

a)  the date on which the request was completed;

b)  an indication that the competent professional verified that it was made using the form prescribed by the Minister of Health and Social Services under the fourth paragraph of section 26 of the Act respecting end-of-life care;

c)  an indication that the competent professional verified that it was indeed dated and signed by the person personally and, where it was signed by a third person, that the reasons why the third person acted comply with the reasons provided for in section 27 of the Act respecting end-of-life care;

d)  if the request was completed by a third person in the presence of the competent professional, an indication that the competent professional had no apparent reason to doubt the fact that the third person met the criteria provided for in section 27 of the Act respecting end-of-life care;

e)  if the request was not completed in the presence of the competent professional, an indication that the competent professional verified that the request was completed in the presence of a health or social services professional and, if it was completed by a third person, that the professional had no apparent reason to doubt the fact that the third person met the criteria provided for in section 27 of the Act respecting end-of-life care;

f)  the date on which the competent professional contacted the health or social services professional to conduct the verifications provided for in subparagraph e, if applicable;

g)  a description of the verifications made by the competent professional to make sure that the request is made freely and more specifically that it is not made as a result of external pressure;

h)  an indication that the competent professional made sure that the request is an informed one, in particular by ascertaining that the person was fully informed of the following elements and that the person fully understood the information given in their regard:

i.  the medical diagnosis and vital prognosis;

ii.  therapeutic possibilities and their consequences;

iii.  other available options for end-of-life care if indicated, in particular palliative care, including palliative sedation, as well as the right to refuse care;

iv.  the progress of the administration of medical aid in dying and possible risks;

v.  the fact that the person may at all times and by any means withdraw the request for medical aid in dying or postpone it;

i)  the date of the discussions with the person to make sure that the person was fully informed of the elements provided for in subparagraph h and that the person fully understood the information given in their regard as well as a summary of the discussions;

j)  an indication of whether or not discussions with respect to the person were conducted between the competent professional and the members of the care team who are in regular contact with the person and, if applicable, the date of the discussions and their conclusions;

3°  concerning the second competent professional consulted to confirm that the criteria set out in section 26 of the Act respecting the end-of-life care are met:

a)  a description of the competent professional’s status with regard to the person having requested medical aid in dying and to the competent professional who administered the aid as well as any professional or personal ties linking them;

b)  the date on which that competent professional was consulted by the competent professional who administered medical aid in dying;

c)  the date on which the competent professional consulted the record of the person who requested medical aid in dying;

d)  the date or dates on which the competent professional personally examined the person who requested medical aid in dying;

e)  the competent professional’s opinion regarding compliance with the criteria set out in section 26 of the Act respecting end-of-life care;

4°  concerning medical aid in dying:

a)  the date of administration;

b)  the date and time of death of the person who requested medical aid in dying;

c)  the administrative region where the death occurred;

d)  the type of location at which the death occurred, namely,

i.  the domicile of the person who requested medical aid in dying;

ii.  an institution; in that case, specify whether the institution is public or private and the centre operated in the facility in which the death occurred;

iii.  a palliative care hospice; or

iv.  another type of location; in that case, specify the type.

The competent professional who administered medical aid in dying also sends to the Commission any other information or comment the competent professional deems relevant for examination by the Commission within the framework of its mandate.

O.C. 997-2015, s. 3; D. 1020-2024, s. 3.

2015-12-10

3. The information constituting the component referred to in paragraph 1 of section 2 is the following:

1°  concerning the person who requested medical aid in dying:

a)  the date of birth;

b)  sex;

c)  an indication that the physician verified that the person was insured within the meaning of the Health Insurance Act (chapter A-29) and that there is proof in the record, as well as the date of expiry of the person’s health insurance card;

d)  the main medical diagnosis and assessment of vital prognosis;

e)  the nature and description of the person’s disabilities;

f)  the nature and description of physical or psychological suffering and the fact that it is constant and unbearable;

g)  the reasons why the suffering cannot be relieved in a manner the person deems tolerable;

h)  an indication that the physician made sure that the person was capable of giving consent to care and the reasons leading the physician to conclude that the person is not incapable of giving consent to care;

i)  the date of the discussions with the person to ascertain the persistence of suffering and that the wish to obtain medical aid in dying remains unchanged, and the reasons why the physician was convinced of the persistence of suffering and of the constancy of the person’s wish to obtain medical aid in dying;

j)  an indication of whether or not the person wished that the physician discuss the person’s request with the person’s close relations and, if applicable, the date of the discussions and their conclusions;

k)  the description of the steps taken to make sure that the person had the opportunity to discuss the request with every person that he or she wished to contact;

l)  an indication of whether or not the person had the opportunity to discuss with all the persons he or she wished to contact and the reasons why the person could not do so, if applicable;

2°  concerning the request for medical aid in dying:

a)  the date on which the request was completed;

b)  an indication that the physician verified that it was made using the form prescribed by the Minister of Health and Social Services under the second paragraph of section 26 of the Act respecting end-of-life care (chapter S-32.0001);

c)  an indication that the physician verified that it was indeed dated and signed by the person personally and, where it was signed by a third person, that the reasons why the third person acted comply with the reasons provided for in section 27 of the Act respecting end-of-life care;

d)  if the request was completed by a third person in the presence of the physician, an indication that the physician had no apparent reason to doubt the fact that the third person met the criteria provided for in section 27 of the Act respecting end-of-life care;

e)  if the request was not completed in the presence of the physician, an indication that the physician verified that the request was completed in the presence of a health or social services professional and, if it was completed by a third person, that the professional had no apparent reason to doubt the fact that the third person met the criteria provided for in section 27 of the Act respecting end-of-life care;

f)  the date on which the physician contacted the health or social services professional to conduct the verifications provided for in subparagraph e, if applicable;

g)  a description of the verifications made by the physician to make sure that the request is made freely and more specifically that it is not made as a result of external pressure;

h)  an indication that the physician made sure that the request is an informed one, in particular by ascertaining that the person was fully informed of the following elements and that the person fully understood the information given in their regard:

i.  the medical diagnosis and vital prognosis;

ii.  therapeutic possibilities and their consequences;

iii.  other available options for end-of-life care if indicated, in particular palliative care, including palliative sedation, as well as the right to refuse care;

iv.  the progress of the administration of medical aid in dying and possible risks;

v.  the fact that the person may at all times and by any means withdraw the request for medical aid in dying or postpone it;

i)  the date of the discussions with the person to make sure that the person was fully informed of the elements provided for in subparagraph h and that the person fully understood the information given in their regard as well as a summary of the discussions;

j)  an indication of whether or not discussions with respect to the person were conducted between the physician and the members of the care team who are in regular contact with the person and, if applicable, the date of the discussions and their conclusions;

3°  concerning the second physician consulted to confirm that the criteria set out in section 26 of the Act respecting the end-of-life care are met:

a)  a description of the physician’s status with regard to the person having requested medical aid in dying and to the physician who administered the aid as well as any professional or personal ties linking them;

b)  the date on which that physician was consulted by the physician who administered medical aid in dying;

c)  the date on which the physician consulted the record of the person who requested medical aid in dying;

d)  the date or dates on which the physician personally examined the person who requested medical aid in dying;

e)  the physician’s opinion regarding compliance with the criteria set out in section 26 of the Act respecting end-of-life care;

4°  concerning medical aid in dying:

a)  the date of administration;

b)  the date and time of death of the person who requested medical aid in dying;

c)  the administrative region where the death occurred;

d)  the type of location at which the death occurred, namely,

i.  the domicile of the person who requested medical aid in dying;

ii.  an institution; in that case, specify whether the institution is public or private and the centre operated in the facility in which the death occurred;

iii.  a palliative care hospice; or

iv.  another type of location; in that case, specify the type.

The physician who administered medical aid in dying also sends to the Commission any other information or comment the physician deems relevant for examination by the Commission within the framework of its mandate.

O.C. 997-2015, s. 3.