Dialogue Volume 12 Issue 1 2016 | Page 11

Feature that self-referral may not be feasible in this context. The national advocacy organization, Dying with Dignity, for example, said that the College’s position on conscientious objection should be used as the “gold standard’ for other medical colleges across Canada. Those opposed to this requirement were concerned that it would make the physician complicit in physician-assisted death, morally culpable for the patient’s death, and would infringe on physicians’ Charter protected right to freedom of conscience and religion. In its determination, Council chose to maintain the requirement for an effective referral. While a number of Council members expressed sensitivity for the concerns raised by those opposed to effective referral, it was pointed out that the guidance on conscientious objections, including the requirement to provide an effective referral, reconciles physician and patient rights, as was directed by the Supreme Court. Council also considered the argument that an effective referral is equivalent to providing physician-assisted death – but ultimately, it could not accept the argument on its merits. “That position does not accord with the purpose or implications of referrals in clinical practice,” said Dr. Kirsh. “An effective referral does not foreshadow or guarantee an outcome: that a treatment will or will not be provided. An effective referral is simply intended to connect a patient with a physician who is willing to assess a patient, then if the criteria for physician-assisted death as set out by the Supreme Court of Canada is met, provide a treatment subject to the patient’s consent,” he said. The feedback heard during the consultation is reflected in a number of changes made to the final document. This includes changes to a Sample Process Map, which has been provided to help physicians navigate practicerelated elements specific to the provision of physician-assisted death. For example, the requirement regarding witnesses has been significantly changed in the process map. The Interim Guidance document now states that only one witness is required and specifies that this witness The physician must be “independent”. Council satisfy him/herself was satisfied that having one that the criteria for independent witness, and two physicians involved in evaluatphysician-assisted ing the patient’s request was death have been met, sufficient to ensure the patient and that the patient’s was capable, acting voluntarily, and that he/she was not coerced request is enduring to make a decision to request physician-assisted death. Removed from the process map is a 15-day waiting period between a first and second request for physician-assisted death. Instead the Interim Guidance document requires a ‘period of reflection’, in which the physician must satisfy him/herself that the criteria for physicianassisted death have been met, and that the patient’s request is enduring. This change is to allow flexibility from case to case, as the period of reflection will vary, and may depend, in part, on the rapidity of progression and the nature of the patient’s medical condition. Also a new stage, ‘Stage 4’ has been added – Certification of Death. At this point, physicians are advised to contact the Ministry of Health and Long-Term Care regarding how to complete the medical certificate of death. Dr. Eric Hoskins, Minister of Health and Long-Term Care commended the College’s guidance. “I would like to thank the College of Physicians and Surgeons of Ontario for the leadership they’ve shown on this important issue and for developing Interim Guidance on Physician-Assisted Death. We will continue to work with the CPSO, the federal government, our provincial and territorial colleagues and with Ontarians as we develop a long-term plan on this matter for Ontario,” said Dr. Hoskins. As external resources become available, they will be included on the College’s website. We have FAQs about the guidance on the following pages. Issue 1, 2016 Dialogue 11