Assisted killing still part of Ontario’s palliative care plan

Catholic Register

Michael Swan

The agency responsible for expanding Ontario’s network of hospice care wants hospice patients to have the option of assisted suicide, even if most hospices and the majority of doctors oppose it.

“The OPCN (Ontario Palliative Care Network) promotes early and equitable access to hospice palliative care for all patients with a life-limiting illness, including individuals who have requested medical assistance in dying,” a spokesperson for the Ontario Palliative Care Network told The Catholic Register in an email.

The provincially-funded OPCN, a sub-agency of Cancer Care Ontario, “recognizes that there may be an intersection between palliative care and medical assistance in dying (MAID). Both medical assistance in dying and palliative care are health care services that exist within the health care system,” wrote Cancer Care Ontario communications advisor Jayani Perera. “However, the focus and mandate of the Ontario Palliative Care Network is advancing palliative care in the province.”

A year into legalized killing in Canada, the big question is how palliative care and hospice beds will be expanded, said bioethicist Bob Parke. Will governments fund hospices that refuse to perform or refer for assisted dying? . . [Full text]

 

Ontario Today: Should doctors be forced to refer?

CBC Radio

Outline of the programme

00:00 Introduction

03:00  Dr. Sephora Tang, psychiatrist (objecting physician).  Discussion points include potential problem of access to euthanasia/assisted suicide faced by frail and isolated patients, those in rural areas or  “negative elements” in families, central referral service alternative, issue of complicity, physician-patient relationship.

12:16  Caller Dr. Terry, primary care (objecting physician). Discussion points include erosion of medical ethics, erosion of trust in physician-patient relationship, relationship between law and ethics, distinction in skill sets needed for euthanasia/assisted suicide vs. abortion.

19:25  Interviewer outlines points in position of the Canadian Medical Association

20:19  Caller Vivi. Favours compulsory referral because access to euthanasia/assisted suicide should be considered from patient perspective, not doctor’s.

22:32  Dr. Sephora Tang responds to points made by caller.

24:14  Interviewer outlines policy on effective referral of College of Physicians & Surgeons of Ontario [There are two relevant documents: POHR and MAID; Administrator]

24:34  Caller Dr. Ramona Coelho (objecting physician). Explains why she will not make effective referral.

25:42  Caller Dr. David Roussell, President, College of Physicians & Surgeons of Ontario (CPSO).  Interviewer puts to him opposition to effective referral by the Canadian Medical Association, more liberal policies in other provinces.  Dr. Roussell discusses College policy requiring effective referral.  Asserts that the College is primarily concerned with access to euthanasia/assisted suicide etc. by patients who might have difficulty doing do if their physician does not assist.  Notes that both Nova Scotia and Quebec have similar requirements, so Ontario is not alone.  Notes that referral does not always result in procedure being obtained.  Characterizes objections to effective referral as oversensitive.  Acknowledges that loss of licence to practice is one possible outcome of complaint against a physician for refusing to refer.

35:12  Caller Dr. Christine (objecting physician).  Emphasizes central care coordinating system and self-referral by patients would be more efficient and avoid conflicts of conscience.

37:20  Caller Dr. Roussell agrees that central coordination system and self-referral is promising, but asserts that this can “fall apart” in some cases.

38:25 Caller David.  Opposed to compulsory referral.  Believes it is safer to ensure diversity of views in society, especially in life and death matters, by protecting freedom of conscience.

41:30  Interviewer asks Dr. Roussell to respond to concerns about freedom of conscience.

42:00  Caller Dr. Roussell notes “private beliefs, religious or otherwise, are not the purview, shouldn’t be the purview of the College or the government . . . What we’re talking about here is from the public’s point of view. There’s a legally available service to, in most people’s minds, alleviate suffering, which is what medicine is supposed to be about.  And the battle’s been fought, the war’s been won, the law has been passed.  Why are we throwing up obstacles to a legally accessible service?  Especially throwing up obstacles at the last moment to people who are in some sense suffering.”

43:04 Caller Joel (medical student).  Supports compulsory referral.  “Doctors in Canada should not be practising medicine in Canada if they feel that their moral code supersedes what is law.”  He adds, “It is great for doctors to unite and object on some things” and refers to the Alberta system (which has proved acceptable to objecting physicians).  He believes that effective referral for euthanasia or assisted suicide does not make a physician a “conduit of death,” but means that the patient can access a specialist with appropriate training.  He characterizes acceptance of conscientious objection as a “slippery slope.”

44:45  Caller Erica.  Supports compulsory referral.  Her mother (whom she identified as a Christian) was suffering from multiple sclerosis.  She was joyful when euthanasia was legalized [Criminal Code amendments given Royal Assent in June, 2016; Administrator].  She was not euthanized/assisted with suicide until the end of December, 2016 because her physician (whom Erica also identified as a Christian) refused, and refused to refer her. Erica stated that this “absolutely shattered her.  It took her days to pick herself up and decide she was going to keep trying to find somebody.” Asserts that denying such people access to a medical procedure is unfair.

46:31  Interviewer notes that less than 75 physicians in Ontario are actually providing euthanasia/assisted suicide. Erica explains that a doctor was found after a CBC interview made her situation public.

47:28  Dr. Sephora Tang responds.  Notes that patients want access, and she does not wish to impede.  The system set up by the government made it impossible for patients to access euthanasia/assisted suicide on their own. If society wants people to have access, there are alternative ways to ensure access that should be considered.

48:07  Interviewer asks about patients being fearful of the “judgement” of their physicians.

48:27  Dr. Sephora Tang emphasizes importance of trust in physician-patient relationship.   It is better for the patient to know where she stands on some issues, so there “no guessing around that.”  It is possible to agree to disagree.

49:16  Dr. Chantal (euthanasia/assisted suicide provider).  Supports compulsory referral, because “patients need access.”  Abortion clinics are not an appropriate comparison.  Referral must include all relevant medical information.  “No medical information is necessary for a physician to do an abortion,” but is needed prior to performing euthanasia/assisted suicide.  To expect patients to go to hospitals and doctors to gather all of the relevant medical information is “completely unreasonable.”  Patients would be “significantly compromised” if objecting physicians refused to provide the relevant information.

Postscript from Dr. Christine (Reproduced with permission)

Just because a physician may conscientiously object to formal participation by the administrative/legal/ethical agreement implied by a documentation-based referral (re: linking billing numbers between 2 practitioners for review +/- enactment of a desired procedure),this does NOT mean that an objecting physician would ever dare to obstruct the subsequently requested movement of health file information (which is first and foremost a property that emanates from the patient!) to the clinician to whom the patient wishes to receive lethal injections from. 

Furthermore:  If a patient seeks a care pathway that may end in MAiD, through a care coordination service in the ideal case, then there are administrative health professionals in all the offices who can and do link with each other to physically get the records moving. 

(Again, a physician is not the one pulling the files in a Norman Rockwell/1950’s-style office; we now have digital spigots to move information, and physicians are not required to unlock the content in our current collaborative environment of ConnectingOntario/PRO/OLIS).

 My original point in the call is that forcing a physician to fill out referrals (and limiting the power/responsibility to do this, to physicians) is ironically creating (rather than removing) a barrier to care. 

 (Incidentally – and not all people know this – it is also quite typical and not an exception for most referrals to come with inadequate background case information, even in non-controversial indications; doctors know how to probe for what’s missing [and often have to ask for information in several iterations and from multiple parties], and gaps from healthcare fragmentation are not so much a product of malfeasance as simply laziness…)

 

UCSF sued for refusing to help woman die

Daughters: Mother died “excruciating” death she didn’t want

The Mercury News

Tracy Seipel

In what may be the first-of-its-kind lawsuit related to California’s End of Life Option Act, the family of a San Francisco terminally ill cancer patient is suing the UC San Francisco Medical Center alleging that her physician and the system misrepresented that they would help the dying woman use California’s right-to-die law when her time came.

Instead, according to the July 7 civil lawsuit filed in San Francisco Superior Court, Judy Dale’s wish for a peaceful death was denied to her by the defendants’ “conscious choice to suppress and conceal” their decision that they would not participate in the law, despite Dale’s repeated indications to doctors and social workers that she intended to use its provisions. The suit also names the university’s Helen Diller Family Comprehensive Cancer Center, UCSF Health, a UCSF oncologist and the UC Board of Regents. . . [Full text]

 

The Citizens’ Assembly report ignores conscientious objection

Iona Institute
Reproduced with permission

Dr. Angelo Bottone

At the end of June, Ms Justice Laffoy  presented her report on the Citizens’ Assembly meetings dedicated to the discussion of the 8th amendment. In spite of calls for the provision and regulation of conscientious objection to abortion, the report has made no recommendation about it.

The Citizens’ Assembly members voted for Article 40.3.3 to “be replaced with a constitutional provision that explicitly authorises the Oireachtas to legislate to address termination of pregnancy, any rights of the unborn, and any rights of the pregnant woman.” If this will happen it will be also necessary to regulate the right of conscientious objectors.

As one of the purposes of the Citizens’ Assembly was to make recommendations about what should be included in a possible new legislation, one wonders why it failed to address this fundamental issue, ignoring the suggestions and requests coming from Assembly members, private citizens, advocacy groups and professional bodies.

During the first weekend of the Citizens’ Assembly, in November, members were asked to identify topics that they believed to be important. The regulation of conscientious objection was one of the key points raised. Following their request, at the February meeting Prof. Gerard Bury delivered a paper on the “Regulation of the medical profession and issues arising including conscientious objection”. Other speakers have occasionally referred to the same issue.

Some submissions from private citizens, advocacy groups and professional bodies have also dealt with this topic, suggesting different solutions to the regulation of conscientious objection. These submissions came both from the pro-life and the pro-choice sides. (See, for instance, the contributions of the Green Party, Amnesty International Ireland or the Irish Council for Civil Liberty.) Unfortunately, we know that the large majority of those submissions have been ignored by the Assembly and only a random selection have been offered to its members for reflection.

Freedom of conscience is recognised by art. 9 of the European Convention on Human Rights. The Parliamentary Assembly of the Council of Europe approved a resolution on the right of conscientious objection in lawful medical care stating that “No personal, hospital or institution shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion, the performance of a human miscarriage, or euthanasia or any act which could cause the death of a human foetus or embryo, for any reason.”

Note that the resolution refers not only to individuals but also to hospitals and institutions. This is precisely what is missing in the current legislation, which allows conscientious objection only to some healthcare professionals but not to entire hospitals and institutions. Any discussion on abortion inevitably has to address who can object to their performance and in what circumstances. The submissions have proposed different solutions. Why then there was no vote by Assembly members on conscientious objection? Why not even an ancillary recommendation about it?

Why I don’t support conscientious objection to MAID

Medscape

Lesley Barron

Bill 84 has been passed into law in Ontario and outlines the legal issues surrounding medical aid in dying (MAID), which has been legal in Canada since last year. The patient’s death must be “reasonably foreseeable” and their suffering “grievous and irremediable” to qualify for the service. Groups such as those with advance directives, mental illness, and minors are left out, and whether they should be allowed access to this service in the future is an issue for another time.

One of the most contentious aspects of Bill 84 is the requirement for the treating physician in Ontario to provide a referral for a patient who has requested MAID to a physician who provides it. . . [Full text]