Update: Medical Assistance in Dying & Registered Social Workers in BC

Guidance for Social Workers Dealing with Physician Assisted Dying

BC College of Social Workers. Retrieved from: http://www.bccollegeofsocialworkers.ca/physician-assisted-death

As the medical assistance in dying legislation (#MAID), Bill-C14, continues to undergo Parliamentary scrutiny, many health professionals including Registered Social Workers have raised concerns regarding liability and legal issues that could arise in the provision of services to clients. Until such time that the law is passed and the Criminal Code is amended, the Criminal Justice Branch from the Ministry of Justice of BC has provided guidelines for prosecutors. The guidelines establish that, so long as the conditions in Carter are met,  there is no substantial likelihood of a conviction for physicians or other health care professionals involved in carrying out or providing information about physician-assisted death. Registered Social Workers are considered health care professionals.

Registrants of the BCCSW, who may be involved with individuals who are requesting physician-assisted death and their families,  must continue to abide by the Standards of Practice. These Standards include: working in the best interest of clients, documenting decision making processes, keeping up to date with changes to legislation, referring to other professionals when appropriate and consulting with others when unsure. Being aware of changes to legislation includes reviewing the supporting resources provided by various levels of government, other health regulators and health authorities.

For more details about medical assistance in dying legislation, please watch for the next edition of the College Conversation newsletter and continue to check the College’s website for updates.

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Criminal Justice Branch Issues Guidelinesfor Prosecutors Dealing with Physician-Assisted Death

MEDIA STATEMENT CRIMINAL JUSTICE BRANCH

Retrieved from: http://www.bccollegeofsocialworkers.ca/wp-content/uploads/2016/06/16-12-physician-assisteddeath.pdf 

Guidelines 

The Branch recognizes that a physician-assisted death may require the involvement of various healthcare professionals, including nurses and pharmacists. When charges are assessed on a case by case basis, the conditions of physician-assisted death set out in Carter should be applied to physicians and to other health care professionals involved in carrying out, or providing information about, a physician-assisted death. When the conditions in Carter are met, pursuant to the CJB policy on Charge Assessment Guidelines (CHA 1) there is no substantial likelihood of a conviction for charges under section 241(b) for physicians or other healthcare professionals involved in carrying out a physician-assisted death, including nurses and pharmacists, nor would the public interest test be met.