Bill 304, Harvey and Gurvir’s Law and what it means for Healthcare Professionals
Bill 304, seeks to amend the Regulated Health Professions Act, 1991 to ensure expectant parents, regulated professionals and the public are provided accurate information about Down syndrome.
Bill 304, or Harvey and Gurvir’s Law has passed 1st reading on June 2, 2021, and if becomes law, will likely come into effect later this year.
Bill 304, suggest, historically misinformation has been shared to expectant parents leading to people with Down syndrome being discriminated against. It is further suggested, such discrimination leads to “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.”
Bill 304, seeks the following amendments to the Act:
Harvey and Gurvir’s Law (Providing Information about Down syndrome to Expectant Parents, Regulated Health Professionals and the Public), 2021.
Section 3(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:
- Information about life expectancy, cognitive and physical development, education outcomes and psychosocial outcomes of persons with Down syndrome.
- Information about resources for families who have a family member with Down syndrome.
- 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,
- members with particular expertise in Down syndrome; and
- organizations representing or advocating for persons with Down syndrome.
(4) The information shall be made publicly available in both English and French, as well as in any other languages that the Minister considers appropriate.
Information about Down syndrome
35.1 When communicating a prenatal diagnosis, a member shall provide to the expectant parent or parents the written information related to Down syndrome made available by the Minister under section 3.
Amendments to legislation that ensure Healthcare Professionals are compliant within their practice are generally passed without noice or appropriate notification to the member. Benchmark Legal LLP will attempt too close that gap by reporting changes to legislation or professional practice. We are continually monitoring new developments affecting heath-care professionals in Ontario and we can assist you with your legal matters.
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