Key elements of the Interim
Guidance document include:
rofessional and legal obligations articulated in
P
College policies and legislation that apply in the
physician-assisted death context;
he criteria for physician-assisted death as set
T
out by the Supreme Court of Canada;
uidance for physicians on practice-related
G
elements specific to the provision of physicianassisted death, as set out in a Sample Process
Map; and,
onsistent with the Professional Obligations
C
and Human Rights policy, physicians do not
have to provide services that conflict with
their conscience or religious beliefs. Where
a physician declines to provide physicianassisted death for reasons of conscience or
religion, he or she must make an effective
referral in a timely manner to a non-objecting
physician or agency.
10
Dialogue Issue 1, 2016
intolerably from a grievous and irremediable
medical condition, and wishes to seek assistance in dying, can obtain an exemption from
a Superior Court judge.
The effect of this ruling is that, despite the
absence of a legislative framework, physicians
may still have a role to play should their patients request physician-assisted death.
“This is why we needed to get the guidance in place immediately,” said Dr. Kirsh.
“We could not wait for the June 6th date to
provide direction for physicians, given that the
Court allowed this immediate exemption.”
In order to provide timely guidance for
physicians, we held an abbreviated consultation on our draft document. It was approved
by Council at the end of January.
Since then, the document has been wellreceived by a number of organizations and
commentators with many describing the
guidance as practical, clarifying, helpful and,
most importantly, respectful of the patient
experience.
“This decision marks a huge change for
medicine and for its practitioners,” said Dr.
Kirsh. “But it represents an even bigger change
for patients. Simply having this option available to them – whether or not they ever wish
to pursue it – is of the greatest significance.
People want to feel that they have a sense of
control over their lives.”
The guidance does not compel physicians to
provide services that conflict with their conscience or religious beliefs. However, where a
physician decl [