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Bill 304, Harvey and Gurvir's Law (Providing Information about Down Syndrome to Expectant Parents, Regulated Health Professionals and the Public), 2021

Singh, Sara

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Acts affected

Original

Bill 304 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 parents when communicating a prenatal diagnosis of Down syndrome.

Bill 304 2021

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

provision of information about Down syndrome to expectant parents, regulated

health professionals and the public

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provided outdated, incorrect or biased information based on antiquated models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. Misinformation can also cause

persons with Down syndrome to face stigma before they are born and limit the

ability of persons with Down syndrome to thrive.

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 and 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 Act is amended by adding the following section:

Information

about Down syndrome

35.1 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.

Commencement

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

it receives Royal Assent.

(2) Section

2 comes into force six months after the day this Act receives Royal Assent.

Short

title

The

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

(Providing Information about Down Syndrome to Expectant Parents, Regulated

Health Professionals and the Public), 2021 .

Date Bill stage Event Outcome Committee

June 2, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

June 2, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 304

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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