Medical Assistance in Dying (MAID) Mandatory Federal Reporting Frequently Asked Questions (FAQs)

Similar documents
Medical Assistance in Dying

Medical Assistance in Dying

SASKATCHEWAN ASSOCIATIO. Guideline for RN Involvement in Medical Assistance in Dying

SASKATCHEWAN ASSOCIATIO. Guideline for RN(NP) Involvement in Medical Assistance in Dying

Medical Assistance in Dying

Medical Aid in Dying (MAID) Update July 14, 2016

DECEMBER 6, 2016 MEDICAL ASSISTANCE IN DYING GUIDANCE FOR PHARMACISTS AND PHARMACY TECHNICIANS

Medical Assistance in Dying Presentation #1 July 12, 2016

NURSE PRACTITIONERS PROVIDING MEDICAL ASSISTANCE IN DYING (MAID)

Professional Standard Regarding Medical Assistance in Dying

Re: Feedback on Interim Guidance Document on Physician-Assisted Death. Re: Response to Request for Stakeholder Feedback on Physician-Assisted Dying

Medical Assistance in Dying (MAiD) Practice Guideline

MEMO. Date: 29 March 2016 To: All NH Physicians From: Kirsten Thomson, Regional Director, Risk & Compliance Re: Medical Assistance in Dying

Nursing Contribution to End-of-Life Care Decisions and Medical Assistance in Dying in Canada

MEDICAL ASSISTANCE IN DYING. Information for Patients

College of Physicians and Surgeons of Newfoundland & Labrador STANDARD OF PRACTICE

Volume 22, Number 1, Fall Medical Assistance in Dying Frequently Asked Questions

Medical Assistance in Dying (MAID) at UHN

PROPOSAL TO LEGALISE VOLUNTARY ASSISTED DYING IN VICTORIA

DWD Canada Toolkit: Ontario Ministry of Health and Long-Term Care Consultation on Doctor-Assisted Dying

The California End of Life Option Act (Patient s Request for Medical Aid-in-Dying)

Medical Assistance in Dying Social Work Role Continuing Professional Development & Competence in Practice... 3

Medical Assistance in Dying Policy Template. University of Toronto Joint Centre for Bioethics (JCB) MAID Implementation Task Force

The District of Columbia Death with Dignity Act (Patient Request for Medical Aid-in-Dying)

REGISTERED NURSES AND NURSE PRACTITIONERS - AIDING IN MEDICAL ASSISTANCE IN DYING

MEDICAL ASSISTANCE IN DYING

Medical Assistance in Dying (MAID) Provincial MAID Clinical Team November 2017

Medical Assistance in Dying (Practitioner Administered) Practice Guideline for Pharmacists and Pharmacy Technicians

Patient Information. Medical assistance in dying

PPG Medical Assistance in Dying (MAiD)

End of Life Option Act ( The Act )

Medical Assistance in Dying: Guidelines for Manitoba Nurses (2017)

NURSING HOMES OPERATION REGULATION

AMERICAN OSTEOPATHIC BOARD OF FAMILY PHYSICIANS (AOBFP) 330 E. Algonquin Rd., Suite 6 Arlington Heights, IL

The Pharmacy and Pharmacy Disciplines Act SASKATCHEWAN COLLEGE OF PHARMACY PROFESSIONALS REGULATORY BYLAWS

Policy/Program Memorandum No. 161

Principles-based Recommendations for a Canadian Approach to Assisted Dying

THE NEW FRONTIERS OF END-OF-LIFE CARE

DWDC Toolkit: Meeting with Your MP

Report on the 2011 SHPCA Survey of Palliative Care Providers

Physician-Assisted Dying

VERMONT. Introduction to Medical Aid in Dying

Medical Assistance in Dying: Guidelines for Nurses in Alberta. March 2017

Compliance with Personal Health Information Protection Act

MAiD on the Island: Updates on Medical Assistance in Dying Public information meeting Victoria, BC Report by Oona Iverson

NATIONAL ASSOCIATION FOR STATE CONTROLLED SUBSTANCES AUTHORITIES (NASCSA) MODEL PRESCRIPTION MONITORING PROGRAM (PMP) ACT (2016) COMMENT

END OF LIFE OPTION ACT

SASKATCHEWAN ASSOCIATIO

Hospice Clinical Record Review

Patient Request Section:

Guide to reporting drug shortages and discontinuations GUI-0120

Improving the Last Stages of Life. UHN Alzheimer Symposium Ryan Fritsch, Project Lead May 2018

TOPIC 9 - THE SPECIALIST PALLIATIVE CARE TEAM (MDT)

Note: Every encounter type must have at least one value designated under the MU Details frame.

Aid in Dying. Ethically Appropriate? History of Physician Assisted Suicide. Compatible with the professional obligation of the physician?

Delegation of Controlled Acts Direct Orders and Medical Directives

Colorado End-of-Life Options Act

Trainee Assessment Palliative care Unit standard Version Level Credits

Home Care Accreditation

The Corporation of the Town of Cobourg

Guidelines and Instructions: Breathing as One: Allied Health Research Grants

Licensing application guidance. For NHS-controlled providers

Canada-Ontario Job Grant Training

Criteria and Guidance for referral to Specialist Palliative Care Services

HEALTH LAW SEMINAR. Dealing with Unexpected Death in Health & Aged Care

Prescription Monitoring Program State Profiles - California

Sport, Culture and Heritage PUBLISHER MARKETING ASSISTANCE NEW Program Guidelines

Volunteer Community Centre Administrator User Guide Created: May 16, 2014

Right to Try Act. Whereas the process of approval for life-saving treatments to terminally ill patients in Canada often takes many years;

The Act of 2 July 1999 No. 63 relating to Patients Rights (the Patients Rights Act)

APPROACHES TO ENHANCING THE QUALITY OF DRUG THERAPY A JOINT STATEMENT BY THE CMA ANDTHE CANADIAN PHARMACEUTICAL ASSOCIATION

Organization and administration of services

Social care guideline Published: 14 March 2014 nice.org.uk/guidance/sc1

Quality Assurance Program Guide

4.10. Organ and Tissue Donation and Transplantation. Chapter 4 Section. Background. Follow-up to VFM Section 3.10, 2010 Annual Report

Dairy Farmers of Ontario Organic New Entrant Quota Assistance Program (ONEQAP Special Program 2016) Application Deadline: May 31, 2016

Medical assistance in dying (MAID) : the Québec Experience. Banff Seminar, March

First Name: Surname: Date of Birth: yyyy / mm / dd Family Physician: Diagnosis:

The Wisconsin epdmp:

A MEDICATION SAFETY ACTION PLAN. Produced September 2014

Local Health Integration Network Authorities under the Local Health System Integration Act, 2006

Director, Offices of Hearings and Inquiries. James Slade Deputy Director, Offices of Hearings and Inquiries

Economic Diversification Grant Application Guide January 2018

Helping physicians care for patients Aider les médecins à prendre soin des patients

FAMILY HEALTH GROUP LETTER OF AGREEMENT. - among-

Guideline for the notification of serious breaches of Regulation (EU) No 536/2014 or the clinical trial protocol

Welcome Plan. Basic health insurance for temporary, new and returning Canadian residents

The Act, which amends the Small Business Act ([15 USC 654} 15 U.S.C. 654 et seq.), is intended to:

4.07. Infrastructure Stimulus Spending. Chapter 4 Section. Background. Follow-up to VFM Section 3.07, 2010 Annual Report. Ministry of Infrastructure

THE PSYCHOLOGICAL ASSOCIATION OF MANITOBA L ASSOCIATION DES PSYCHOLOGUES DU MANITOBA

Alabama. Prescribing and Dispensing Profile. Research current through November 2015.

Fundamentals of Self-Limiting Conditions Prescribing for Manitoba Pharmacists. Ronald F. Guse Registrar College of Pharmacists of Manitoba (CPhM)

Medical Assistance in Dying

AII IRELAND INSTITUTE OF HOSPICE & PALLIATIVE CARE / IRISH CANCER SOCIETY RESEARCH POSTDOCTORAL FELLOWSHIP Guidance Notes

Privacy Toolkit for Social Workers and Social Service Workers Guide to the Personal Health Information Protection Act, 2004 (PHIPA)

Improving the Last Stages of Life Preliminary Feedback from Law Reform Consultations in Ontario

GP SERVICES COMMITTEE Palliative Care INCENTIVES. Revised January 2018

Death with Dignity: Background Materials

Chapter 15. Medicare Advantage Compliance

2017 Citizenship and Immigration Programs Call for Proposals

Transcription:

Medical Assistance in Dying (MAID) Mandatory Federal Reporting Frequently Asked Questions (FAQs) NOTE: The following FAQs are for informational purposes only. Please refer to the federal regulations and s website and/or seek independent legal advice if you have questions about how the federal requirements may apply to you. Federal Regulations: http://gazette.gc.ca/rp-pr/p2/2018/2018-08-08/html/sor-dors166-eng.html Website: https://www.canada.ca/en/health-canada/services/medical-assistance-dying/reporting-requirements.html 1. Who is required to report? Physicians and nurse practitioners who have received a request for MAID in writing will need to report in most circumstances. Pharmacists who have dispensed a substance in connection with the provision of MAID are always required to report. 2. What constitutes a written request? The regulations require written requests to be reported in certain situations. A patient s written request may take any form including Clinician Aid A, a text message or an e-mail. It must, however, be more than an inquiry or a request for information about MAID. The request does not have to be in the format required by the Criminal Code as a safeguard when MAID is provided (i.e., duly signed, dated and witnessed) to require reporting. 3. If a clinician performs an assessment before the patient has completed a written request and the patient is not considered eligible, do they still need to report to? According to, the requirement to provide information for monitoring purposes is triggered by the receipt of a written request for MAID. The request must: be in writing (in any form); be for MAID (not, e.g., for information about MAID); and, originate with a patient (e.g., may include a dictated request). As a safeguard, the legislation requires the written request be dated and signed by the person (or a third party on their behalf) after they were informed by a physician or nurse practitioner that they have a grievous and irremediable medical condition. It must also be signed and dated by two independent witnesses. If the written request that is first received by the practitioner meets the criteria for a written request required by the legislation, then there would be no distinction between the two. If a practitioner receives a written request that is informal or incomplete, it would still trigger the reporting requirement. If MAID is eventually provided, the duly signed, dated and witnessed request would be required at a later stage, as per the safeguards required by the legislation. Clinician Aid A is not required as the written request document; it is an optional tool for providers to use should they so choose. However, a written request must be provided in some form. The federal Criminal Code does not prescribe a specific sequence for every safeguard required before MAID is provided. However, clinicians should not delay the acceptance of a written request to avoid a reporting requirement. 1

4. In cases of a MAID death, to whom is a practitioner required to report to and by when? In cases of a MAID death, physicians and nurse practitioners are required to report to the Chief Coroner for Ontario immediately in order for the coroner to determine if the death ought to be investigated. The following table provides scenarios where a written request is received and MAID has been provided. Scenario Clinician-Administered MAID You provided MAID by administering a substance to a patient Patient-Administered MAID You provided MAID by prescribing or providing a substance for selfadministration by the patient Whom to Report to Chief Coroner for Ontario Chief Coroner for Ontario Deadline to report Immediately after confirming the patient has died. Immediately after becoming aware the patient has died. 5. In cases of a MAID death, does both the first assessor and second assessor have to report to the Chief Coroner for Ontario? In cases of a MAID death, only the clinician who provides MAID must report to the Chief Coroner for Ontario. In most scenarios this is the first assessor. If the first assessor is not the clinician providing MAID, they may need to report a referral to. 6. In cases where a MAID death has not occurred, to whom is a practitioner required to report to and by when? In cases of where a MAID death has not occurred, physicians and nurse practitioners are required to report to via the Canadian MAID Data Collection Portal. After a referral, finding of ineligibility, or a practitioner becoming aware of the patient withdrawing their request or dying of another cause, the practitioner then has up to 30 calendar days to file a report. Note that the 30 days begins after one of those four events, not as soon as the written request is submitted to the practitioner. The following table provides scenarios where a written request is received and a MAID death has not occurred. Scenario Patient Referred You referred a patient to another practitioner or a care coordination service or transferred their care as a result of the request Whom to Report To Deadline to report the day of referral/ transfer Related rules You do not need to report if you refer or transfer a patient more than 90 the day you receive the written request. If you report with respect to a referral or transfer of care, you are not required to report again for the same written request unless you later provide MAID. 2

Patient Ineligible You found a patient to be ineligible for MAID Request Withdrawn You became aware that the patient withdrew the request for MAID Death Other Cause You became aware of the death of the patient from a cause other than MAID the day ineligibility is determined the day you became aware of the withdrawal the day you became aware of the patient s death. You do not need to report if you find a patient ineligible more than 90 the day you receive the written request. If you report on a finding of ineligibility, you are not required to report again for the same written request unless you later provide MAID. You do not need to report if you become aware, more than 90 the day you receive the written request, that a patient has withdrawn their request. If you report on the withdrawal of a request, you are not required to report again for the same written request unless you later provide MAID. If the patient has not contacted you after the initial written request, you are not required to actively seek out information about whether the patient has withdrawn the request, whether or not you have assessed them. In such a situation, you do not need to report. You do not need to report if you become aware, more than 90 the day you receive the written request, that a patient has died of a cause other than MAID. If the patient has not contacted you after the initial written request, you are not required to actively seek out information about whether the patient has died of a cause other than MAID, whether or not you have assessed them. In such a situation, you do not need to report. 7. In cases where a MAID death has not occurred, when do reporting timelines begin? After a referral, finding of ineligibility, or a practitioner becoming aware of the patient withdrawing their request or dying of another cause, the practitioner then has up to 30 calendar days to file a report. The 30 days starts running after one of those four events, not as soon as the written request is submitted to the practitioner. 8. Are there any scenarios where I need to report to both and the Chief Coroner for Ontario? Under Ontario s hybrid approach, there will be duplicative reporting for only a small fraction of selfadministered MAID cases that result in a MAID death. Duplicative reporting would only occur if a MAID death occurs after the 90th day from when the substance for self-administration was prescribed and the physician or nurse practitioner had already reported to. In this scenario, a physician or nurse practitioner would be required to report to between the 90-120 day period stipulated in federal regulations, and then to the Office of the Chief Coroner immediately after the self-administered MAID death. Duplicative reporting is expected to be minimal as there has only been one case of self-administered MAID in Ontario since June 2016. 3

9. When do a practitioner s reporting requirements to cease? recognized the need to put a time limit on the requirement to report when MAID is not provided. If none of the events listed below has happened within 90 calendar days of the practitioner receiving the written request, the practitioner is not required to report to at all. These events are as follows: The practitioner referred the patient to another practitioner or care coordination service or transferred their care as a result of the request. The practitioner found the patient to be ineligible for MAID. The practitioner became aware that the patient withdrew the request for MAID. The practitioner became aware of the death of the patient from a cause other than MAID. For example, if a practitioner received a written request on February 1st, and conducted an assessment and found the patient ineligible on March 15th, a report would be required within 30 calendar the finding of ineligibility on March 15th. However, if an assessment on this same written request occurred only on May 10th and the patient was found ineligible, a report would not be required, as more than 90 days had elapsed since receipt of the written request. 10. In cases where a MAID death has occurred, what information are physicians and nurse practitioners required to report? In cases where a MAID death has occurred, the process for reporting a MAID death will remain the same. Physicians and nurse practitioners will be required to report to the Office of the Chief Coroner and provide the coroner with any information necessary to determine whether an investigation ought to occur. However, this will now include the collection of new information, as required by federal regulations, which was not typically or consistently collected by the Office of the Chief Coroner. Information that is now required by the federal monitoring regulations and that will need to be reported to the Office of the Chief Coroner includes the following: province or territory that issued the patient s health insurance number; postal code associated with the patient s health insurance number; practitioner s work email address; physician s specialty; whether the patient was referred by the provincial Care Coordination Service; whether the patient consulted the practitioner prior to the assessment for a reason other than seeking MAID; whether the patient received palliative care; whether the practitioner consulted other health care professionals; whether the patient required and received disability support services; and, whether the practitioner took all necessary measures to provide a reliable means by which the patient could have understood the information that was provided to them and communicated their decision. The Ministry of and Long-Term Care will be updating the Clinician Aids to reflect the additional information required. 4

11. In cases where a MAID death has not occurred, what information are physicians and nurse practitioners required to report? Information that must be reported in all cases: Date you received the written request; From whom you received the written request, i.e., from the patient directly, a practitioner, a care coordination service, or another third party Patient s date of birth, sex, health insurance number and province of issuance, postal code Your name, province or territory of practice, license or registration number, mailing address, and e-mail If you are a physician, your area of specialty (dropdown menu available) Whether the patient consulted you for another reason before you received the request for MAID Additional information required when patient eligibility has been assessed: Assessment of eligibility criteria and related information: o Which of the eligibility criteria as required by the Criminal Code were assessed and whether the patient met those criteria (checklist provided) o Whether other health care professionals or social workers were consulted (dropdown menu available) o Reason(s) why you are of the opinion that the request was voluntary (dropdown menu available) o The type of serious and incurable illness, disease or disability experienced by the patient (dropdown menu available) o A description of the patient s suffering (dropdown menu available) o Whether the patient received palliative care 1 ; if yes, for how long (if known) and, if not, whether it was accessible (if known) o Whether the patient required and received disability support services 2 (if known); If yes, for how long (if known) and, if not, whether they were accessible (if known) (dropdown menu available) Scenario Patient Referred If you referred the patient or transferred their care elsewhere in response to their request for MAID Patient Ineligible If you found the patient ineligible Information to be Reported Information reported in all cases Date on which you referred or transferred the care of the patient Reason for the referral or transfer of care (dropdown menu available) Whether an eligibility assessment was done prior to referring or transferring the care of the patient Information reported in all cases and eligibility assessment information If the patient had originally been found to be eligible and later was found to be ineligible, whether the reason for the change was due to a loss of capacity or becoming aware that the patient s request was not voluntary 1 Palliative care is an approach that improves the quality of life of patients and their families facing life-threatening illness, through the prevention and relief of pain and other physical symptoms, and psychosocial and spiritual suffering. It may be provided in any setting, by specialists or by others who have been trained in the palliative approach to care. 2 Disability support services could include but are not limited to assistive technologies, adaptive equipment, rehabilitation services, personal care services and disability-based income supplements. 5

Request Withdrawn If the patient withdrew their request for MAID Patient has died from another Cause If you re aware that the patient died of another cause before MAID was provided Information reported in all cases and, if eligibility was assessed, eligibility assessment information Patient s reasons for withdrawing the request (if known) Whether the patient withdrew their request after being given the opportunity to do so immediately before MAID was to be provided Information reported in all cases and, if eligibility was assessed, eligibility assessment information Date of death (if known) If you completed the medical certificate of death, the immediate and underlying causes of death on the certificate * Please note that for some required information, a drop down menu from which to select the appropriate response will be available when using the Canadian MAID Data Collection Portal. 12. Who does a pharmacist report to and by when? Pharmacists who have dispensed a substance in connection with the provision of MAID are required to report to via the Canadian MAID Data Collection Portal within 30 the day of dispensing. 13. What information is required from pharmacists? Pharmacists will need the following pieces of information to fulfill their reporting obligations: Patient s date of birth, health insurance number and province of issuance Your name, province or territory of practice, licence or registration number, mailing address and e-mail Name and licence or registration number for the practitioner who prescribed or obtained the substance The date that the substance was dispensed and where it was dispensed (hospital or community pharmacy) 14. Is a delegate able to do the reporting on behalf of a clinician (i.e., an administrative staff, a program director, etc.)? A delegate is not able to report a death to the Office of the Chief Coroner (OCC) on behalf of a clinician; the clinician must directly contact the OCC. The legislation requires that "a medical practitioner or nurse practitioner who receives a written request... must... provide the information required by those regulations to the recipient designated in those regulations...", and likewise for a pharmacist who dispenses a substance in connection with the provision of MAID. In other words, the reporting information must go directly from the clinician to the designated recipient, and cannot be provided by an intermediary (e.g., a care coordination service that has access to the same information). An individual clinician could involve his or her employees (e.g., administrative staff) in the process of providing information, but the law makes the practitioner or pharmacist responsible for providing the information to the designated recipient, and he or she ultimately bears the risk of non-compliance. 15. For practitioners who receive MAID requests via the Care Coordination Service, will the Care Coordination Service be keeping statistics and fulfilling the federal reporting requirements? No, the reporting obligations are exclusively for clinicians or the Office of the Chief Coroner who will be acting as a designated recipient on behalf of clinicians under certain circumstances (i.e. when a MAID death has occurred). The Care Coordination Service (CCS) will have no reporting obligations. 6