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Bill 225, Harvey and Gurvir's Law (Provision of Information Respecting Down Syndrome), 2020

Singh, Sara

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Acts affected

Original

Bill 225 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Regulated Health Professions Act, 1991

to require that the Minister ensure that up-to-date, evidence based information

relating to Down syndrome is made available to members and to the public. The

Act is further amended to require that members share this information with

expectant parent or parents when they communicate a prenatal diagnosis of Down

syndrome and that they refrain from recommending any further testing or

treatment in relation to the diagnosis of Down syndrome for a 48-hour period

unless explicitly requested or unless the member is of the opinion that the

performance of the testing or treatment is necessary during the 48-hour period.

Bill 225 2020

Act to amend the Regulated Health Professions Act, 1991 respecting the

provision of information respecting Down syndrome by regulated health

professionals

Preamble

Persons

with Down syndrome and their families have historically faced discrimination

and have been victims of eugenics.

The

discrimination faced by persons with Down syndrome continues to persist in the province

of Ontario. This discrimination impacts how persons with Down syndrome access

services of the provincial government, including those provided within the

health care system. Such discrimination results in inequitable treatment and the

exclusion of persons with Down syndrome, often limiting their full

participation in the economic, social and cultural aspects of our province.

Discrimination

often begins with the prenatal diagnoses of Down syndrome, when families are

provided outdated, incorrect or biased information based on antiquated models

of disability. This information impacts how families understand the life

expectancy, life outcomes, cognitive or physical abilities, as well as

psychosocial outcomes of persons with Down syndrome.

Misinformation

regarding a diagnosis of Down syndrome reinforces negative stereotypes and can

cause undue stress and hardship for families.

Therefore,

Her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Section 3 of the Regulated Health Professions Act, 1991

is amended by adding the following subsections:

Information

relating to Down syndrome

(2) Without

limiting the generality of subsection (1), it is also the duty of the Minister to

ensure that up-to-date, evidence based written information relating to Down

syndrome is made available to members and to the public, which must include the

following information:

1. Information

about life expectancy, cognitive and physical development, education outcomes

and psychosocial outcomes of persons with Down syndrome.

2. Information

about resources for families who have a family member with Down syndrome.

3. Information

about resources and supports available from community organizations across the

province that are developed or approved by the Ministry of the Minister.

Review

of information

(3) Before

making any information available to members and to the public, the Minister

shall ensure that consultations take place on the content of the information

with,

(

a) members

with particular expertise in Down syndrome; and

(

b) organizations

representing or advocating for persons with Down syndrome.

Languages

(4) The

well as in any other languages that the Minister considers appropriate.

The heading before

section 27 of the Act is amended by adding “and

Responsibilities” at the end.

The Act is amended by adding the following section:

Information

about Down syndrome

29.2

(1) When

communicating a prenatal diagnosis of Down syndrome, a member shall provide to

the expectant parent or parents the written information relating to Down

syndrome made available by the Minister under

section 3.

Waiting

period

(2) After

providing the information under subsection (1), the member shall not, until 48 hours

have elapsed since the information was provided, recommend any further testing

or any treatment in relation to the diagnosis of Down syndrome unless explicitly

requested by the expectant parent or parents or unless the member is of the

opinion that it is necessary to perform the testing or treatment during the

48-hour period.

Same

(3) The

member shall inform the expectant parent or parents of the 48-hour waiting

period described in subsection (2) and, unless the member is of the opinion

that it is necessary to perform testing or treatment during the 48-hour period,

indicate to the expectant parent or parents that they may wish to wait out the

48-hour period before requesting any further testing or any treatment in

relation to the diagnosis of Down syndrome.

Commencement

(1) Subject to subsection (2), this Act comes into force on the day

it receives Royal Assent.

(2) Sections

2 and 3 come into force six months after the day this Act receives Royal

Assent.

Short

title

The

short title of this Act is the Harvey and Gurvir’s Law

(Provision of Information Respecting Down Syndrome), 2020 .

Date Bill stage Event Outcome Committee

November 2, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

November 2, 2020

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 225

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Regulated Health Professions Act, 1991

Legislative Assembly of Ontario

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