Ref
|
|
|
001
|
2004-Intro-1.
This Code has been prepared by the Canadian Medical
Association as an ethical guide for Canadian physicians,
including residents, and medical students.
|
2018-Intro-1.
The CMA Code of Ethics and Professionalism articulates the
ethical and professional commitments and responsibilities of
the medical profession.
|
002
|
|
2018-Intro-2.
The Code guides high standards of practice in the interests
of patients and the public to foster patient and public
trust in physicians and the profession.
|
003
|
|
2018-Intro-3.
The Code is founded on and affirms the core commitments to
which the profession aspires and reflects the
contemporaneous and changing landscape of medical practice.
|
004
|
2004-Intro-2.
Its focus is the core activities of medicine –such as health
promotion, advocacy, disease prevention, diagnosis,
treatment, rehabilitation, palliation, education and
research.
|
2018-Intro-4.
In this Code, ethical practice is understood as a process of
active and reflective inquiry and decision-making concerning
what a physician's and the profession's practice is and
ought to be.
|
005
|
From Intro-6.
|
2018-Intro-5.
Ethical practice involves reflection on the reasons for a
physician's actions, what a physician's actions ought to be,
situations where existing rules, norms or guidelines are
insufficient or are in tension, and a consideration of
multiple perspectives in decision-making.
|
006
|
|
2018-Intro-6.
The Code is not intended to provide specific guidance; it is
a vehicle to guide ethical decision-making and ethical
practice.
|
007
|
2004-Intro-3.
It is based on the fundamental principles and values of
medical ethics, especially compassion, beneficence,
non-maleficence, respect for persons, justice and
accountability.
|
2018-Intro-7.
In this Code, medical ethics concerns the virtues, values
and principles that ought to guide the medical profession,
while professionalism is the embodiment or enactment of
responsibilities arising from those norms through
behaviours, standards and competencies.
|
008
|
From 2004-46.
|
2018-Intro-8.
Each physician has a continuing responsibility to merit the
privilege of professional-led regulation and support its
institutions through enacting the commitments and
responsibilities outlined in the Code.
|
009
|
2004-Intro-4.
The Code, together with CMA policies on specific topics,
constitutes a compilation of guidelines that can provide a
common ethical framework for Canadian physicians.
|
2018-Intro-9.
The Code provides a platform for a shared purpose and
identity, by articulating a common understanding of what it
means to be a medical professional and the profession's
shared goals.
|
010
|
2004-Intro-5.
Physicians should be aware of the legal and regulatory
requirements that govern medical practice in their
jurisdictions.
|
2018-Intro-10.
Physicians should be aware of legal and regulatory
requirements that govern medical practice in their
jurisdiction.
|
011
|
2004-Intro-6.
Physicians may experience tension between different ethical
principles, between ethical and legal or regulatory
requirements, or between their own ethical convictions and
the demands of other parties.
|
Moved to
Intro-5.
|
012
|
2004-Intro-7.
Training in ethical analysis and decision-making during
undergraduate, postgraduate and continuing medical education
is recommended for physicians to develop their knowledge,
skills and attitudes needed to deal with these conflicts.
|
Deleted.
|
013
|
Intro-8.
Consultation with colleagues, regulatory authorities,
ethicists, ethics committees or others who have relevant
expertise is also recommended.
|
Deleted.
|
014
|
|
A. VIRTUES EXEMPLIFIED BY THE MEDICAL PROFESSION
|
015
|
|
A-Intro.
Trust is the cornerstone of the patient–physician
relationship and of medical professionalism and is central
to providing the highest standard of care. By exemplifying
the following, interconnected virtues in practice,
physicians strive to enhance the trustworthiness of the
profession:
|
016
|
|
COMPASSION. A compassionate physician
recognizes suffering, understands and feels something of the
unique circumstances of the patient, and is motivated to
act, and does act, to alleviate suffering.
|
017
|
|
HONESTY. An honest physician is
straightforward and forthright, respects the truth and does
their best to find out the truth, to preserve it, and to
communicate it sensitively.
|
018
|
|
HUMILITY. A physician who acts with
humility understands the limits of their own knowledge and
skills and is careful not to overstep them by recognizing
the experiential knowledge of patients and communities and
the limits of scientific knowledge, and seeks the skills,
experience, and wisdom of colleagues when necessary.
|
019
|
|
INTEGRITY. A physician who acts with
integrity demonstrates consistency of intentions and
actions, and acts in a truthful manner, in accordance with
professional expectations.
|
020
|
|
MORAL COURAGE. A physician who acts with
moral courage communicates and does what they believe to be
right and true even in the face of adverse consequences.
|
021
|
Fundamental Responsibilities
|
B. FUNDAMENTAL COMMITMENTS OF THE MEDICAL
PROFESSION
|
022
|
1. Consider first the well-being of the
patient. (See also Intro-3.)
|
B1. Commitment to beneficence
Promote the well-being of, and take steps to prevent harm
to, patients; take actions that serve the best interests of
patients and communities through the provision of
appropriate care and treatment across the care continuum -
from prevention to palliation.
|
023
|
2. Practise the profession of medicine
in a manner that treats the patient with dignity and as a
person worthy of respect.
|
B2. Commitment to patient dignity and autonomy
Treat all patients with dignity and as persons worthy of
respect. Practise medicine in a manner that recognizes
patients as autonomous, self-determining persons capable of
choice and that preserves the dignity and autonomy of those
who cannot choose for themselves.
|
024
|
Moved from 2004-9.
|
Respect and promote the inherent dignity and equal worth
of all persons and refuse to participate in or support
practices that violate basic human rights;
never participate in or facilitate
torture.
|
025
|
3. Provide for appropriate care for your
patient, even when cure is no longer possible, including
physical comfort and spiritual and psychosocial support.
|
Deleted.
|
026
|
4. Consider the well-being of society in
matters affecting health. (See also
2004-Intro-3)
|
B3. Commitment to justice Promote
the well-being of communities, populations, and society by:
ensuring the fair and equitable distribution of resources,
improving access to care, reducing health disparities and
inequities; and through resource stewardship, social
accountability, health care advocacy and leadership in
system change.
|
027
|
5. Practise the art and science of
medicine competently, with integrity and without impairment.
(See also 2004-15,
47)
|
B4. Commitment
to professional integrity and professional competence
Practise the art and science of medicine competently,
safely and with integrity. Engage in lifelong learning
to maintain and advance your professional knowledge and
skills, know when to apply new knowledge and recognize that
acting beyond one's expertise can have harmful consequences.
Provide high-quality patient care and have a view to
continuous quality improvement at the practice and system
levels. |
028
|
6. Engage in lifelong learning to
maintain and improve your professional knowledge, skills and
attitudes.
|
See B7.
|
029
|
7. Resist any influence or interference
that could undermine your professional integrity.
|
Deleted
|
030
|
8. Contribute to the development of the
medical profession, whether through clinical practice,
research, teaching, administration or advocating on behalf
of the profession or the public.
|
B5. Commitment to professional excellence
Contribute to the development of the medical
profession through clinical practice, research, teaching,
mentorship, leadership, administration or advocacy on behalf
of the profession or the public. Cultivate strong
connections and relationships between, and meaningful
interactions with, colleagues, including physicians in all
specialties and other health professionals.
|
031
|
9. Refuse to participate in or support
practices that violate basic human rights.
|
Added to the end of B2.
|
032
|
10. Promote and maintain your own health
and wellbeing.
|
B6. Commitment to self-care and support for
colleagues Maintain personal health and
well-being, including exhibiting self-awareness and managing
personal influences as well as professional demands for a
sustainable practice throughout the career life cycle.
Value and promote a professional culture that recognizes,
supports and responds effectively to colleagues in need,
including cultivating training and practice environments
where physicians are empowered and encouraged to seek help
and are supported in their maintenance of physical, mental
and social well-being.
|
033
|
See 2004-6.
|
B7. Commitment to inquiry and reflection
Value and enable active and reflective inquiry, and
collective reflection and self-reflection, to further
medical science and facilitate ethical decision-making.
Foster curiosity and exploration to further your
professional development and insight and be open to new
knowledge, technologies, ways of practising, and learning
from others.
|
034
|
|
C. PROFESSIONAL RESPONSIBILITIES
|
035
|
Responsibilities to the Patient
|
PHYSICIANS AND PATIENTS
|
036
|
General Responsibilities
|
Patient-physician relationship
|
037
|
|
C-IntroA.
The patient–physician relationship is at the heart of the
practice of medicine. It is characterized by reciprocal
trust, need and understanding, and centres on a process of
deliberation that recognizes that the physician and patient
are each moral agents.
|
038
|
|
C-IntroB.
Physicians and their patients build relationships of trust
that enable open and honest dialogue and foster the
patient's willingness to share deeply personal information,
often in conditions of vulnerability.
|
039
|
|
C-IntroC.
Physicians owe a duty of loyalty to the patient by
protecting and furthering the interests of the patient using
the physician's expertise, knowledge and appropriate
clinical judgement.
|
040
|
11. Recognize and disclose conflicts of
interest that arise in the course of your professional
duties and activities, and resolve them in the best interest
of patients.
|
Moved to C19.
|
041
|
12. Inform your patient when your
personal values would influence the recommendation or
practice of any medical procedure that the patient needs or
wants.
|
Moved to C3.
|
042
|
13. Do not exploit patients for personal
advantage.
|
Moved to C19.
|
043
|
14. Take all reasonable steps to prevent
harm to patients; should harm occur, disclose it to the
patient.
|
Deleted.
|
044
|
15. Recognize your limitations and, when
indicated, recommend or seek additional opinions and
services.
|
See B4.
|
045
|
16. In determining professional fees to
patients for non-insured services, consider both the nature
of the service provided and the ability of the patient to
pay, and be prepared to discuss the fee with the patient.
|
Deleted.
|
046
|
Initiating and Dissolving a Patient-Physician
Relationship
|
In the context of the patient–physician relationship:
|
047
|
17. In providing medical service, do not
discriminate against any patient on such grounds as age,
gender, marital status, medical condition, national or
ethnic origin, physical or mental disability, political
affiliation, race, religion, sexual orientation, or
socioeconomic status. This does not abrogate the physician's
right to refuse to accept a patient for legitimate reasons.
|
C1. Accept the patient without
discrimination (such as on the basis of age, disability,
gender identity or expression, genetic characteristics,
language, marital and family status, medical condition,
national or ethnic origin, political affiliation, race,
religion, sex, sexual orientation or socioeconomic status).
|
048
|
18. Provide whatever appropriate
assistance you can to any person with an urgent need for
medical care.
|
Moved to C6.
|
049
|
|
C2. Act according to your conscience,
and respect differences of conscience among your colleagues;
always respond to a patient's medical request regardless of
your moral commitments.
|
050
|
Moved from 2004-12.
|
C3. Inform the patient when your deeply
held values may influence the recommendation, provision or
practice of any medical procedure or intervention that the
patient needs or requests, but never abandon the patient.
|
051
|
19. Having accepted professional
responsibility for a patient, continue to provide services
until they are no longer required or wanted; until another
suitable physician has assumed responsibility for the
patient; or until the patient has been given reasonable
notice that you intend to terminate the relationship.
|
The duty of non-abandonment requires providing the
patient with complete information on all clinical options
available and, when necessary, a formal referral or a direct
transfer of care. It also includes the transfer of the
patient's records when requested by the patient.
|
052
|
See 2004-22.
|
C4. Communicate accurately and honestly
with the patient in a way that can be understood and
applied.
|
053
|
20. Limit treatment of yourself or
members of your immediate family to minor or emergency
services and only when another physician is not readily
available; there should be no fee for such treatment.
|
Deleted
|
054
|
Communication, Decision Making and Consent
|
Decision making
|
055
|
|
C-IntroD.
Medical decision-making is ideally a deliberative process
that engages the patient in shared decision-making informed
by the patient's experience and values and the physician's
clinical judgment.
|
056
|
|
C-IntroE.
This deliberation involves discussion with the
patient and, with consent, the patient's family members and
significant others, and other health care professionals and
experts involved in the patient's care.
|
057
|
|
C-IntroF.
The physician provides appropriate medical information and
helps the patient navigate available therapeutic options to
determine the best course of action for the patient. In the
process of shared decision-making:
|
058
|
21. Provide your patients with the
information they need to make informed decisions about their
medical care, and answer their questions to the best of your
ability.
|
See C8.
|
059
|
22. Make every reasonable effort to
communicate with your patients in such a way that
information exchanged is understood.
|
See C4.
|
060
|
23. Recommend only those diagnostic and
therapeutic services that you consider to be beneficial to
your patient or to others. If a service is recommended for
the benefit of others, as for example in matters of public
health, inform your patient of this fact and proceed only
with explicit informed consent or where required by law.
|
C5. Recognize that inappropriate use or
overuse of treatments or resources can lead to ineffective,
and at times harmful, patient care.
|
061
|
Moved from 2004-18.
|
C6. Provide whatever appropriate
assistance you can to any person with an emergency need for
medical care.
|
062
|
Moved from 2004-40.
|
C7. When involved in research, obtain
the informed consent of the research participant, and advise
prospective participants that they have the right to decline
participation or withdraw from the study at any time,
without impacting their ongoing care.
|
063
|
|
C8. Practise shared decision-making and
empower patients to gain the knowledge and understanding
necessary to improve their health and make informed choices,
including by having a full discussion of the relevant harms
and benefits.
|
064
|
24. Respect the right of a competent
patient to accept or reject any medical care recommended.
|
C9. Respect the values and decisions of
a competent patient to accept or reject any medical care or
treatment recommended.
|
065
|
25. Recognize the need to balance the
developing competency of minors and the role of families in
medical decision-making. Respect the autonomy of those
minors who are authorized to consent to treatment.
|
C10. Recognize the need to balance the
developing competency of minors and the role of families or
caregivers in medical decision-making.
|
066
|
26. Respect your patient's reasonable
request for a second opinion from a physician of the
patient's choice.
|
Moved to C12.
|
067
|
27. Ascertain wherever possible and
recognize your patient's wishes about the initiation,
continuation or cessation of life-sustaining treatment.
|
Deleted
|
068
|
28. Respect the intentions of an
incompetent patient as they were expressed (e.g., through a
valid advance directive or proxy designation) before the
patient became incompetent.
|
C11. Respect the values and intentions
of a decisionally incompetent patient as expressed through
advance care planning discussions or via a substitute
decision-maker.
|
069
|
29. When the intentions of an
incompetent patient are unknown and when no formal mechanism
for making treatment decisions is in place, render such
treatment as you believe to be in accordance with the
patient's values or, if these are unknown, the patient's
best interests.
|
070
|
30. Be considerate of the patient's
family and significant others and cooperate with them in the
patient's interest.
|
Deleted
|
071
|
From 2004-26.
|
C12. Respect the patient's reasonable
request for a second opinion.
|
072
|
|
PHYSICIANS AND THE PRACTICE OF MEDICINE
|
073
|
Privacy and Confidentiality
|
Patient privacy and the duty of confidentiality
|
074
|
31. Protect the personal health
information of your patients.
|
C13. Fulfill your duty of
confidentiality to the patient by keeping identifiable
patient information confidential, collecting health
information only to benefit the patient and sharing
information only for that purpose and within the patient's
circle of care, unless the informed consent of the patient
has been obtained to do otherwise. See also
C17.
|
075
|
32. Provide information reasonable in
the circumstances to patients about the reasons for the
collection, use and disclosure of their personal health
information.
|
076
|
33. Be aware of your patient's rights
with respect to the collection, use, disclosure and access
to their personal health information; ensure that such
information is recorded accurately.
|
077
|
34. Avoid public discussions or comments
about patients that could reasonably be seen as revealing
confidential or identifying information.
|
See C18.
|
078
|
35. Disclose your patients' personal
health information to third parties only with their consent,
or as provided for by law, such as when the maintenance of
confidentiality would result in a significant risk of
substantial harm to others or, in the case of incompetent
patients, to the patients themselves. In such cases take all
reasonable steps to inform the patients that the usual
requirements for confidentiality will be breached.
|
See C13.
|
079
|
36. When acting on behalf of a third
party, take reasonable steps to ensure that the patient
understands the nature and extent of your responsibility to
the third party.
|
Deleted
|
080
|
37. Upon a patient's request, provide
the patient or a third party with a copy of his or her
medical record, unless there is a compelling reason to
believe that information contained in the record will result
in substantial harm to the patient or others.
|
C14. Consider both your duty to care and
duty not to harm the patient when considering privacy
requirements.
|
081
|
|
C15. Recognize and manage privacy
requirements within clinical training environments, quality
improvement initiatives and secondary uses of data for
health system management.
|
082
|
|
C16. Appropriately manage privacy
considerations that can arise from the use of new and
emerging technologies in clinical contexts.
|
083
|
|
C17. Act as a data steward, controlling
the extent to which information about the patient is
protected, used or disclosed. As a data steward, you should
use or disclose only the minimum amount of information
necessary to fulfill the intended purpose.
|
084
|
See 2004-34.
|
C18. Avoid public discussions, including
in public spaces or on social media, about patients that
could reasonably be seen as revealing confidential or
identifying information, or as being disrespectful to
patients, their families or caregivers.
|
085
|
|
Managing and minimizing conflicts of interest
|
086
|
Moved from 2004-11,
13.
|
C19. Recognize and disclose conflicts of
interest that arise, or are perceived to arise, in the
course of your professional duties and activities, and
resolve them in the best interests of patients. Never
exploit patients for personal advantage.
|
087
|
|
C20. Be transparent about relationships
and transactions that may give rise to a conflict of
interest, including in practice, education and research.
|
088
|
Moved from 2004-49.
|
C21. Enter into associations, contracts
and agreements only if you can maintain your professional
integrity and safeguard the best interests of the patient
and communities.
|
089
|
Moved from 2004-50.
|
C22. Avoid using your role as a
physician to promote services or products to patients for
commercial gain.
|
090
|
Research
|
|
091
|
38. Ensure that any research in which
you participate is evaluated both scientifically and
ethically and is approved by a research ethics board that
meets current standards of practice.
|
C23. Ensure that any research in which
you participate is evaluated both scientifically and
ethically and is approved by a research ethics board that
adheres to current standards of practice. Inform potential
research participants about anything that may give rise to a
conflict of interest, such as the source of funding and the
nature of your participation including any compensation.
|
092
|
39. Inform the potential research
subject, or proxy, about the purpose of the study, its
source of funding, the nature and relative probability of
harms and benefits, and the nature of your participation
including any compensation.
|
093
|
40. Before proceeding with the study,
obtain the informed consent of the subject, or proxy, and
advise prospective subjects that they have the right to
decline or withdraw from the study at any time, without
prejudice to their ongoing care.
|
Moved to C7.
|
094
|
|
C24. Recognize the potential for
conflicts of interest between your role as a clinician and
your organizational, administrative or leadership roles.
|
094
|
Responsibilities to society
|
Physicians and society
|
095
|
41. Recognize that community, society
and the environment are important factors in the health of
individual patients.
|
C25. Recognize that community, society
and the environment are important factors that influence the
health of the patient.
|
096
|
42. Recognize the profession's
responsibility to society in matters relating to public
health, health education, environmental protection,
legislation affecting the health or well-being of the
community and the need for testimony at judicial
proceedings.
|
C26. Support the responsibility of the
profession in matters relating to public and population
health, health education, environmental protection,
legislation affecting the health or well-being of the
community and the need for testimony at judicial
proceedings.
|
097
|
43. Recognize the responsibility of
physicians to promote equitable access to health care
resources.
|
C27. Promote shared stewardship of system resources
and recognize the responsibility of the profession to
promote equitable access to health care resources. |
098
|
44. Use health care resources prudently.
|
099
|
|
C28. Contribute to and collaborate with
others in leading system change to improve health care
delivery and address systemic health issues that impact
public and population health.
|
100
|
|
C29. Recognize that medical tourism
raises complex systemic and resource issues.
|
101
|
|
C30. Recognize that new and emerging
technologies are changing the nature and role of medical
practice and the social role of physicians.
|
102
|
45. Recognize a responsibility to give
generally held opinions of the profession when interpreting
scientific knowledge to the public; when presenting an
opinion that is contrary to the generally held opinion of
the profession, so indicate.
|
C31. Provide opinions consistent with
the accepted views of the profession when interpreting
scientific knowledge to the public; indicate when presenting
an opinion that is contrary to the accepted views of the
profession.
|
103
|
See 2004-47
|
C32. Contribute to developing a more
cohesive and integrated health system through
inter-professional collaboration.
|
104
|
|
C33. Recognize the importance of
reconciliation between the medical profession and Aboriginal
communities by working towards reconciling relationships and
establishing and maintaining respectful and healthy
relationships.
|
105 |
Responsibilities to the Profession
|
PHYSICIANS AND COLLEAGUES
|
106
|
46. Recognize that the self-regulation
of the profession is a privilege and that each physician has
a continuing responsibility to merit this privilege and to
support its institutions.
|
Moved to
2018-Intro-8.
|
107
|
47. Be willing to teach and learn from
medical students, residents, other colleagues and other
health professionals.
|
See C32.
|
108
|
48. Avoid impugning the reputation
of colleagues for personal motives; however, report to the
appropriate authority any unprofessional conduct by
colleagues.
|
See C40.
|
109
|
49. Be willing to participate in peer
review of other physicians and to undergo review by your
peers.
|
Deleted
|
110
|
49.
Enter into associations, contracts and agreements only if
you can maintain your professional integrity and safeguard
the interests of your patients. |
Moved to C21.
|
111
|
50. Avoid promoting, as a member of the
medical profession, any service (except your own) or product
for personal gain.
|
Moved to C22.
|
112
|
51. Do not keep secret from colleagues
the diagnostic or therapeutic agents and procedures that you
employ.
|
Deleted.
|
113
|
52. Collaborate with other physicians
and health professionals in the care of patients and the
functioning and improvement of health services.
|
Moved to C37.
|
114
|
Treat your colleagues with dignity and as persons worthy
of respect.
|
C34. Treat your colleagues,
including physicians and medical learners, other health
professionals, the health care team and staff, with dignity
and as persons worthy of respect.
|
C35. Cultivate respectful, open and
transparent dialogue and relationships. Engage in respectful
communications in all mediums.
|
C36. Take responsibility for promoting
civility and confronting incivility within and beyond the
profession. Assume responsibility for your personal actions
and behaviours that may contribute to negative workplace and
training culture.
|
115
|
See 2004-52.
|
C37. Promote patient-, family- and
caregiver-centred, team-based, collaborative models of care
across and within specialties, and with other health
professionals. Support multidisciplinary teams and practices
to bolster collaboration, and a shared accountability for
patient care.
|
116
|
See 2004-47.
|
C38. Value the exchange of knowledge and
experience and be willing to teach and learn from medical
and other colleagues.
|
117
|
See 2004-47.
|
C39. Promote and enable formal and
informal mentorship and leadership opportunities across all
levels of training, practice and health system delivery.
|
118
|
See 2004-48.
|
C40. Know and follow relevant reporting
requirements and expectations placed on you by regulatory
authorities.
|
119
|
Responsibilities to Oneself
|
Physicians and self
|
120
|
53. Seek help from colleagues and
appropriately qualified professionals for personal problems
that might adversely affect your service to patients,
society or the profession.
|
C41. Seek help from colleagues and
appropriately qualified professionals for personal problems
that might adversely affect your health and your services to
patients, society or the profession.
|
121
|
54. Protect and enhance your own health
and wellbeing by identifying those stress factors in your
professional and personal lives that can be managed by
developing and practising appropriate coping strategies.
|
C42. Be aware of what health and
wellness services and other resources are available to you
and colleagues in need.
|
C43. Cultivate an environment of
physical and psychological safety, conducive to challenging
the status quo, as well as encouraging help-seeking
behaviours.
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C44. Advocate for cultural and systemic
change to remove individual- and system-level barriers to
health and wellness.
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C45. Take steps to maximize meaningful
co-existence of professional and personal life, recognizing
that prioritizing opportunities for adequate rest, exercise,
healthy eating and leisure will support professional and
personal life.
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C46. Actively model healthy behaviours.
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