Les substances chimiques utilisées à des fins de contrôle : un statut juridique controversé
In Quebec, control measures – isolation, restraints and chemical substances – have been the subject of a legislative framework since 1998. However, since that date, chemical substances have been at the heart of a debate on their legal status, between therapy and control. In 2015, the Ministry of Health and Social Services published a revised Reference Framework that is supposed to establish guidelines for chemical substances used for control purposes. A review of this framework, however, reveals several inconsistencies, continuing an indeterminacy about their status. On the one hand, the consent exception does not correspond to the Quebec legal framework for care, suggesting that it is indeed a control measure. On the other hand, the reserved acts are the same whether the chemical substances are used for control or for therapeutic purposes, suggesting that it is in fact a therapeutic measure.
Copyright (c) 2020 Emmanuelle Bernheim
This work is licensed under a Creative Commons Attribution 4.0 International License.
The Canadian Journal of Bioethics applies the Creative Commons Attribution 4.0 International License to all its publications. Authors therefore retain copyright of their publication, e.g., they can reuse their publication, link to it on their home page or institutional website, deposit a PDF in a public repository such as PubMed Central. However, the authors allow anyone to download, reuse, reprint, modify, distribute, and/or copy their publication, so long as the original authors and source are cited.