Prince Edward Island now has clear guidelines regarding how people may consent to or refuse health care treatment. The new Consent to Treatment and Health Care Directives Act was proclaimed this month.
Health and Social Services Minister Jamie Ballem advised this is the first legislation that PEI has had to deal exclusively with consent to treatment or health care directives.
"The new legislation outlines the rights of the individual to choose or refuse treatment, and to write a health care directive to indicate their wishes about their health care should they become incapable of making treatment decisions in the future," said the minister, "This gives the individual more control over their health care, and it also helps to alleviate the burden experienced by health professionals and family members when making treatment decisions on behalf of another person."
Minister Ballem advised that the Act reinforces good practices already in place throughout the province. "The intent of this Legislation is to encourage the active participation of the patient and professional in making the treatment decisions that are in the best interests of the person," he said.
The Act states that Islanders have the right to information necessary to make a valid, informed consent about a proposed treatment. A person may appoint a substitute decision-maker to act on his or her behalf if they become incapable at a later time.
Health practitioners have an obligation to obtain consents to treatment, and are protected from liability through the Act if the process is properly followed. If there is an emergency situation, treatment can proceed without a valid consent.
The Act also states that a person may write a health care directive. A health care directive is a document in which a person expresses their wishes about health care or treatment in writing in case they are unable to make decisions or communicate them at a future time.
Anyone over 16 years of age who is capable may make a health care directive. A proxy may be appointed in the directive to make decisions for the person if they are incapable. A health care directive may not be used to instruct anyone to carry out assisted suicide or euthanasia.
To ensure that a person's wishes are clearly understood and followed, people are advised to discuss their health care directive with family members, trusted friends, their doctor, or clergy. They may also choose to give them copies of their directive which must be in writing, dated and signed.