G-1.021 - Act respecting the governance of the health and social services system

Section 398 Disposition versions

Not in force

Not in force

398. Despite the first paragraph of section 397, the committee may grant an authorization if the user’s particular condition is such that the taking of the medication cannot be delayed without the risk of entailing, in the short term, complications that could lead to an irreversible deterioration of the user’s condition.

In such a case, the professional must, in the reasons set out in accordance with the second paragraph of section 397, attest that the user’s particular condition is the one referred to in the first paragraph and demonstrate that the medication is essential with regard to the therapeutic indication for which the application is made, including by showing that no other option known to the professional could prevent the risk referred to in the first paragraph.

For the purposes of this section, “irreversible deterioration” means rapid or slow deterioration that is impossible to remedy. In addition, the moment of deterioration of the user’s condition is to be evaluated in particular by considering the pace at which the user’s condition is likely to deteriorate, and the time within which it is foreseeable that new data enabling a reassessment of the medication’s therapeutic value by the Institut d’excellence en santé et en services sociaux or new treatments may be available.

2023, c. 34, s. 398.