The Criminal Code currently excludes mental illness as an “illness, disease or disability” that makes an individual eligible for MAID. This exclusion remains in place until March 17, 2023, at which time it will require further assessment by the government. This temporary exclusion will provide the federal government with more time to study how MAID can safely be provided to individuals whose only illness is mental illness.
In the interim, individuals with mental illness are not prevented from accessing MAID if they also have a serious and incurable illness, disease, or disability (that is not a mental illness) and they meet the other eligibility criteria for MAID, as set out in the federal legislation. This includes the requirement that the individual who is seeking MAID has decision-making capacity.
Nurse practitioners will need to use their professional judgment to determine whether or not the serious and incurable illness, disease or disability, on the basis of which the patient is requesting MAID, is solely a mental illness and therefore does not meet the eligibility criteria. In determining whether a patient’s condition is a “mental illness”, on the sole basis of which they will not be eligible for MAID, NPs may want to consult the guidance provided by the federal government. The Department of Justice has indicated that “mental illness” includes conditions that are primarily within the domain of psychiatry, such as depression and personality disorders, but does not include neurocognitive and neurodevelopmental disorders, or other conditions that may affect cognitive abilities.
To help NPs demonstrate compliance with the Criminal Code and CNO’s standards and guidelines, NPs are required to:
- collaborate with the healthcare teams
- document each element of the patient’s assessment in accordance with the criteria for MAID, including what serious and incurable illness, disease or disability they have that qualifies them for MAID
- describe in their documentation, their assessment of how they came to the determination that the patient’s illness is not solely a mental illness.