Propose the following revisions to the draft Standard of Practice:
Section 1.f. could be revised as “Proactively maintain a non-judgmental approach and be
aware of resources to provide for frequently requested services they are unwilling to
provide.”
Section 2.c. should be removed due to lack of clarity.
o Specifically, “adverse clinical outcomes” and “delayed” are not objectively
defined and are open to wide subjective interpretation.
If a patient were to experience pain while waiting for MAID, this could be
claimed an adverse clinical outcome. Although the procedure sought out
should not be impeded as in 2c, there are a lot of subjective possibilities
that could emerge from so-called "exposures" from "delayed effective
referral."
o "Delayed" is not clearly defined either and in many ways the seeking of care is
dependent on what the patient decides to do after visiting a provider.
o Many psychiatrists have warned that it will be extremely difficult for physicians
to discern which patients are making a fully informed, consensual decision to
pursue MAID and which are not.
Other talking points
It needs to be clearly stated, whether in this policy or for the understanding of the draft
standard committee, that a member who declines to provide a service (e.g. MAID) or a
referral for the same (while still providing resources) is doing so because they believe it
is in the best interest of the patients. Their care of the patient compels them down this
path. A sober second thought on the part of a provider who wants to provide a variety of
different perspectives may allow a patient to see their concerns from a new or different
angle and can be a source of support for that patient.
While this standard emphasizes the right of a physician, it also needs to consider the fact
that many patients want providers whose values fit with theirs, and a large group of
patients want to be served by providers who decline to offer certain procedures like
MAID. Finding the right physician fit requires a diverse medical system with a variety of
different providers with different opinions.
Many from the disability community have called for safe spaces where they know the
practitioner sees their life as worth living and wouldn’t agree to end their lives when they
are at a low point.
Since "effective referral" has been introduced in other provinces, many providers have
left, retired early, or sought registration in Alberta because of our more reasonable
conscience objection standard. Adopting this language from other provinces potentially
exposes our system to further loss of providers who would be frustrated with the addition
of this wording.
It should be emphasized that the Supreme Court gave its assurance that nothing in its
original ruling on the constitutionality of MAID “…would compel physicians to provide
assistance in dying.” Participation through an effective referral would directly involve
physicians in MAID to which many of us are opposed.
The government and College does not want to micro-manage the doctor-patient
relationship but does expect non-judgmental professionalism adhering to obligations
Based on opinion polling, many Canadians are concerned about compelling physicians to
do something they are not comfortable with, e.g. "54 percent of Canadians give “quite a
lot” or a “great deal” of weight to the concern that the confidence of patients in doctors
could be compromised, given that patients look to doctors “to heal, comfort, and fight for
them.” Sixty-three percent of visible minorities share this concern.
This is not about competing rights but about mutual freedoms. It is not about limiting
access but about redirection to different resources. In reality, patients' and physicians'
rights are not opposed. The patient and physician work together as a team and navigate
medical decisions in a shared decision making framework.
Conscience is not an expression of a physician’s personal preference, it is a judgment
based on what the physician feels is in the patient’s best interest. Patients and physicians
disagree on a regular basis on a large number of issues, and these usually do not come to
the point of conflict; they are usually resolved in professional and friendly ways.
Physicians are not solely responsible for ensuring access to medical assistance in dying.
CMAJ February 20, 2018 190 (7) E181; DOI: https://doi.org/10.1503/cmaj.180153
o "The responsibility to ensure access to MAiD does not rest with an individual
physician, but with society. Recognizing this, most provinces have developed access
programs for MAiD... When it comes to MAiD, balancing the rights of physicians
and patients is not an easy task, but both deserve protection."
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