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Table 2 Bill C-7 eligibility criteria and safeguards (current legislation)

From: Health care providers’ ethical perspectives on waiver of final consent for Medical Assistance in Dying (MAiD): a qualitative study

BILL C-7 eligibility criteria

18 + years of age

Eligible for publicly funded health services

Has decision-making capacity

Informed consent to receive MAID given after patient informed of means available to relieve suffering

Voluntary request for MAID

Person has “grievous and irremediable medical condition”, meaning:

 serious and incurable illness, disease or disability and has an advanced state of irreversible decline in capability;

 has enduring physical or psychological suffering that is intolerable to them and cannot be relieved under conditions that they consider acceptable

Person whose natural death is reasonably foreseeable (track-1 safeguards)

Person whose natural death is not reasonably foreseeable (track-2 safeguards)

BILL C-7 TRACK-1 SAFEGUARDS

(For persons whose death is reasonably foreseeable)

BILL C-7 TRACK-2 SAFEGUARDS

(For persons whose death is not reasonably foreseeable)

Patient must make a written request that must be witnessed and signed by one independent witness

Two independent practitioners must confirm all eligibility criteria

Person must be informed that they can withdraw request at any time, by any means

No reflection period

Immediately before MAID is provided, person must be given opportunity to withdraw consent

Ensure that the person gives express consent to receive medical assistance in dying

Final express consent confirmation can be waived if consent agreement is given in advancea

Patient must make a written request that must be witnessed and signed by one independent witness

Two independent practitioners must confirm all eligibility criteria

Ensure that the assessors consult with a medical practitioner or nurse practitioner who has that expertise in the condition the person is suffering from, and share the results of that consultation with the two assessors

Ensure that the healthcare provider have discussed with the person the reasonable and available means to relieve the person’s suffering

Ensure that there are at least 90 clear days between the day eligibility criteria is established and the MAiD provision date

Person must be informed that they can

Withdraw request at any time, by any means

Immediately before MAID is provided, person must be given opportunity to withdraw consent

Ensure that the person gives express consent to receive medical assistance in dying

  1. aFocus of this study
  2. Government of Canada [6] and Parliament of Canada [7]