JEWISH KING JESUS IS COMING AT THE RAPTURE FOR US IN THE CLOUDS-DON'T MISS IT FOR THE WORLD.THE BIBLE TAKEN LITERALLY- WHEN THE PLAIN SENSE MAKES GOOD SENSE-SEEK NO OTHER SENSE-LEST YOU END UP IN NONSENSE.GET SAVED NOW- CALL ON JESUS TODAY.THE ONLY SAVIOR OF THE WHOLE EARTH - NO OTHER. 1 COR 15:23-JESUS THE FIRST FRUITS-CHRISTIANS RAPTURED TO JESUS-FIRST FRUITS OF THE SPIRIT-23 But every man in his own order: Christ the firstfruits; afterward they that are Christ’s at his coming.ROMANS 8:23 And not only they, but ourselves also, which have the firstfruits of the Spirit, even we ourselves groan within ourselves, waiting for the adoption, to wit, the redemption of our body.(THE PRE-TRIB RAPTURE)
DISEASES-ANIMAL TO HUMAN
REVELATION 6:7-8 (500 MILLION DEAD EACH FROM THE 4 JUDGEMENTS)(2 BILLION TOT DEAD HERE)
7 And when he had opened the fourth seal, I heard the voice of the fourth beast say, Come and see.
8 And I looked, and behold a pale horse:(CHLORES GREEN) and his name that sat on him was Death, and Hell followed with him. And power was given unto them over the fourth part of the earth,(2 billion) of (8 billion) to kill with sword,(WEAPONS)(500 million) and with hunger,(FAMINE)(500 million) and with death,(INCURABLE DISEASES)(500 million) and with the beasts of the earth.(ANIMAL TO HUMAN DISEASE)(500 million).
WORLD COVID TOTALS AS OF MON DEC 28,20-CASES-81,150,518-DEATHS-1,772,115
I WAS TALKING TO MY FRIEND YESTERDAY. AND SHE TOLD ME THE PSW SHE KNOWS SAYS THEY DO NOT HAVE TO TAKE THE COVID VACCINE SHOTS. BUT IF COVID BREAKS OUT WERE SHE WORKS. SHE IS NOT ALLOWED TO WORK TILL THE COVID-19 IS DONE WITH AT HER WORK PLACE. GOOD AT LEAST THE WORKERS DO NOT HAVE TO GET THE SHOTS.I KNOW I'M SURE NOT TAKING THE SHOTS. UNLESS MY DOCTOR THREATENS ME BY SAYING HE WILL SEND ME TO GET AN EVALUATION AT A NUT HOUSE. IF I DO NOT TAKE THE SHOTS. OR FORCE ME TO GO ON DEPRESSION PILLS IF I DON'T TAKE THE SHOTS.LIKE WHAT HAPPENED TO ME ALREADY. WHEN YOUR AT A PLACE LIKE THIS. THE DOCTOR CAN MAKE YOU TAKE STUFF. OR SEND YOU FOR AN EVALUATION AT HIS WILL. YOU HAVE NO SAY. SO LOOK INTO THE PLACE YOU TAKE YOUR PARENTS TO IN LONG TERM CARE. AND MAKE SURE THE DOCTOR CAN'T FORCE ANY PILLS OR EVALUATIONS ON YOU. IF YOU DO NOT WANT THEM DONE.
Is it Legal to Force Medication on Someone?
January 25, 2013
Many people wonder, is it legal to force medical treatment on someone? People generally assume it is not. After all, would that not be a significant infringement of that person’s rights? However, the actual answer, as is often the case in law, is that it depends.The question of forcing treatment can arise in a variety of circumstances, such as:
• When a person has Schizophrenia and refuses to take antipsychotic medication
• When a person is unconscious due to an accident and requires emergency care
• When a teenager refuses medication and the parents disagree with this decision (such as in cases involving Anorexia Nervosa)
• When a person has Alzheimer’s disease and requires physical health care (for example, treatment for cancer)
Numerous times we have heard people say that a relative needs treatment...“but we can’t force her because she is an adult…”However, in some cases it is legally permissible in Ontario to force medical treatment on an adult.The number one consideration in the question of forcing medication on another person in Ontario is whether that individual is capable of making his or her own decisions. If capable, then what another person thinks is best is usually irrelevant and of no legal force – even if that person is a medical professional.There is a simple two-part test in the Health Care Consent Act to determine whether a person is legally capable of making a particular treatment decision:
1. Is the person able to understand the information relevant to making a decision about the treatment?
2. Is the person able to appreciate the reasonably foreseeable consequences of the decision or lack of a decision?
If the answer is “yes” to both of these questions, then the person is permitted to decide for himself or herself whether to consent to or refuse treatment (although there are some exceptions). Of course, capacity is not all-inclusive. A person may be capable with respect to some decisions, and incapable with respect to others. To make matters more confusing, capacity can fluctuate. A person could be legally capable one day, and incapable the next. This can arise in cases involving mental illness and dementia.In most cases it is the second branch of the test that an "incapable" person will fail. This is often established by comments demonstrating the person lacks insight into their condition.Although the word "test" is used, there is not actually a specific capacity test that is administered. Rather, capacity is a legal concept and the results can emerge through conversation. In the case of capacity to make a treatment decision, it is the health care professional proposing the treatment who decides if the patient has or lacks capacity. It is important to note that, legally, our health care professionals must presume their patients are capable (unless there are "reasonable grounds" to think otherwise).The law in Ontario places great emphasis on autonomy and permits capable people to make their own decisions – even if those decisions are objectively bad decisions (such as refusing treatment knowing that this might result in death). The most notable example of this scenario is when a person who is a Jehovah’s Witness refuses a life-saving blood transfusion because it is against that person’s religious views. Many people have difficulty understanding this choice, but in the eyes of the law, it is only relevant that the decision be a capable one.In short, there are in fact some circumstances in which treatment can be forced (including forcing someone to attend a hospital for examination), but we generally cannot force treatment on a capable person who refuses. There is a long-standing tradition of common law in Ontario upholding the right to bodily integrity, dignity, and personal autonomy, and any forced treatment must occur only in specific circumstances and in accordance with the applicable laws.If you would like to know more about how this blog post applies to your loved one, you can book a meeting with us by texting or calling 416-937-8768 or emailing us.Disclaimer: Capacity is a very complex topic and this blog canvasses only some of the relevant information. DO NOT RELY ON THIS BLOG TO MAKE ANY LEGAL DECISIONS. Please consult with your legal advisor or contact Lisa Feldstein Law Office to find out how the law applies to your particular circumstance.
I DIDN'T HAVE TO TAKE THE PILLS I'M ON BY HIS THE DOCTORS THREATS TO ME. BUT I THEN GAVE IN AND GAVE MY CONSENT. TO THE PILLS. NOT TO THE DOCTOR-TO A NURSE. I GAVE THE CONSENT. AND TOOK THE PILL. THE DOCTOR WON'T BE PULLING THEM THREATS ON ME EVER AGAIN. I WILL NEVER LISTEN TO HIS BULL AGAIN. AND I'M GOING TO GET OFF THE PILLS HE THREATENED ME WITH. AS WELL AS A NUT HOUSE EVALUASTION. HE WILL NEVER PULL THIS BULL ON ME AGAIN-NOW THAT I KNOW. THERES NO WAY HE CAN FORCE ME ON PILLS.
Consent to Treatment
No treatment without consent
10 (1) A health practitioner who proposes a treatment for a person shall not administer the treatment, and shall take reasonable steps to ensure that it is not administered, unless,
(a) he or she is of the opinion that the person is capable with respect to the treatment, and the person has given consent; or
(b) he or she is of the opinion that the person is incapable with respect to the treatment, and the person’s substitute decision-maker has given consent on the person’s behalf in accordance with this Act. 1996, c. 2, Sched. A, s. 10 (1).
THE WHOLE ACT FOR ONTARIO CANADA
THE WHOLE ONTARIO CANADA LONG TERM CARE ACT
PART I
GENERAL
Purposes
1 The purposes of this Act are,
(a) to provide rules with respect to consent to treatment that apply consistently in all settings;
(b) to facilitate treatment, admission to care facilities, and personal assistance services, for persons lacking the capacity to make decisions about such matters;
Note: On a day to be named by proclamation of the Lieutenant Governor, clause 1 (b) of the Act is amended by striking out “admission to care facilities” and substituting “admission to or confining in care facilities”. (See: 2017, c. 25, Sched. 5, s. 54 (1))
(c) to enhance the autonomy of persons for whom treatment is proposed, persons for whom admission to a care facility is proposed and persons who are to receive personal assistance services by,
(i) allowing those who have been found to be incapable to apply to a tribunal for a review of the finding,
(ii) allowing incapable persons to request that a representative of their choice be appointed by the tribunal for the purpose of making decisions on their behalf concerning treatment, admission to a care facility or personal assistance services, and
(iii) requiring that wishes with respect to treatment, admission to a care facility or personal assistance services, expressed by persons while capable and after attaining 16 years of age, be adhered to;
Note: On a day to be named by proclamation of the Lieutenant Governor, clause 1 (c) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 54 (2))
(c) to enhance the autonomy of persons for whom treatment is proposed, persons for whom admission to or confining in a care facility is proposed and persons who are to receive personal assistance services by,
(i) allowing those who have been found to be incapable to apply to a tribunal for a review of the finding,
(ii) allowing incapable persons to request that a representative of their choice be appointed by the tribunal for the purpose of making decisions on their behalf concerning treatment, admission to or confining in a care facility or personal assistance services, and
(iii) requiring that wishes with respect to treatment, admission to or confining in a care facility or personal assistance services, expressed by persons while capable and after attaining 16 years of age, be adhered to;
(d) to promote communication and understanding between health practitioners and their patients or clients;
(e) to ensure a significant role for supportive family members when a person lacks the capacity to make a decision about a treatment, admission to a care facility or a personal assistance service; and
(f) to permit intervention by the Public Guardian and Trustee only as a last resort in decisions on behalf of incapable persons concerning treatment, admission to a care facility or personal assistance services. 1996, c. 2, Sched. A, s. 1.
Note: On a day to be named by proclamation of the Lieutenant Governor, clauses (e) and (f) of the Act are repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 54 (2))
(e) to ensure a significant role for supportive family members when a person lacks the capacity to make a decision about a treatment, an admission to or a confining in a care facility or a personal assistance service; and
(f) to permit intervention by the Public Guardian and Trustee only as a last resort in decisions on behalf of incapable persons concerning treatment, admission to or confining in a care facility or personal assistance services.
Section Amendments with date in force (d/m/y)
Interpretation
2 (1) In this Act,
“attorney for personal care” means an attorney under a power of attorney for personal care given under the Substitute Decisions Act, 1992; (“procureur au soin de la personne”)
“Board” means the Consent and Capacity Board; (“Commission”)
“capable” means mentally capable, and “capacity” has a corresponding meaning; (“capable”, “capacité”)
“care facility” means,
(a) a long-term care home as defined in the Long-Term Care Homes Act, 2007, or
(b) a facility prescribed by the regulations as a care facility; (“établissement de soins”)
“community treatment plan” has the same meaning as in the Mental Health Act; (“plan de traitement en milieu communautaire”)
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (1) of the Act is amended by adding the following definition: (See: 2017, c. 25, Sched. 5, s. 55 (1))
“confining in a care facility” and related expressions when used in this Part and Part III.1 have the meaning or meanings provided for in the regulations; (“confinement dans un établissement de soins”)
“course of treatment” means a series or sequence of similar treatments administered to a person over a period of time for a particular health problem; (“série de traitements”)
“evaluator” means, in the circumstances prescribed by the regulations,
(a) a member of the College of Audiologists and Speech-Language Pathologists of Ontario,
(b) a member of the College of Dietitians of Ontario,
(c) a member of the College of Nurses of Ontario,
(d) a member of the College of Occupational Therapists of Ontario,
(e) a member of the College of Physicians and Surgeons of Ontario,
(f) a member of the College of Physiotherapists of Ontario,
(g) a member of the College of Psychologists of Ontario, or
(h) a member of a category of persons prescribed by the regulations as evaluators; (“appréciateur”)
“guardian of the person” means a guardian of the person appointed under the Substitute Decisions Act, 1992; (“tuteur à la personne”)
“health practitioner” means a member of a College under the Regulated Health Professions Act, 1991 or a member of a category of persons prescribed by the regulations as health practitioners; (“praticien de la santé”)
“hospital” means a private hospital as defined in the Private Hospitals Act or a hospital as defined in the Public Hospitals Act; (“hôpital”)
Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “hospital” in subsection 2 (1) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 9, s. 95)
“hospital” means,
(a) a hospital as defined in the Public Hospitals Act, or
(b) a community health facility within the meaning of the Oversight of Health Facilities and Devices Act, 2017 that was formerly licensed under the Private Hospitals Act; (“hôpital”)
“incapable” means mentally incapable, and “incapacity” has a corresponding meaning; (“incapable”, “incapacité”)
“mental disorder” has the same meaning as in the Mental Health Act; (“trouble mental”)
“personal assistance service” means assistance with or supervision of hygiene, washing, dressing, grooming, eating, drinking, elimination, ambulation, positioning or any other routine activity of living, and includes a group of personal assistance services or a plan setting out personal assistance services to be provided to a person, but does not include anything prescribed by the regulations as not constituting a personal assistance service; (“service d’aide personnelle”)
“plan of treatment” means a plan that,
(a) is developed by one or more health practitioners,
(b) deals with one or more of the health problems that a person has and may, in addition, deal with one or more of the health problems that the person is likely to have in the future given the person’s current health condition, and
(c) provides for the administration to the person of various treatments or courses of treatment and may, in addition, provide for the withholding or withdrawal of treatment in light of the person’s current health condition; (“plan de traitement”)
“psychiatric facility” has the same meaning as in the Mental Health Act; (“établissement psychiatrique”)
“recipient” means a person who is to be provided with one or more personal assistance services,
(a) in a long-term care home as defined in the Long-Term Care Homes Act, 2007,
(b) in a place prescribed by the regulations in the circumstances prescribed by the regulations,
(c) under a program prescribed by the regulations in the circumstances prescribed by the regulations, or
(d) by a provider prescribed by the regulations in the circumstances prescribed by the regulations; (“bénéficiaire”)
“regulations” means the regulations made under this Act; (“règlements”)
“treatment” means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health-related purpose, and includes a course of treatment, plan of treatment or community treatment plan, but does not include,
(a) the assessment for the purpose of this Act of a person’s capacity with respect to a treatment, admission to a care facility or a personal assistance service, the assessment for the purpose of the Substitute Decisions Act, 1992 of a person’s capacity to manage property or a person’s capacity for personal care, or the assessment of a person’s capacity for any other purpose,
Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “treatment” in subsection 2 (1) of the Act is amended by striking out “admission to a care facility” in clause (a), and substituting “admission to or confining in a care facility”. (See: 2017, c. 25, Sched. 5, s. 55 (2))
(b) the assessment or examination of a person to determine the general nature of the person’s condition,
(c) the taking of a person’s health history,
(d) the communication of an assessment or diagnosis,
(e) the admission of a person to a hospital or other facility,
Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “treatment” in subsection 2 (1) of the Act is amended by adding the following clause: (See: 2017, c. 25, Sched. 5, s. 55 (2))
(e.1) a person’s confining in a care facility,
(f) a personal assistance service,
(g) a treatment that in the circumstances poses little or no risk of harm to the person,
(h) anything prescribed by the regulations as not constituting treatment. (“traitement”) 1996, c. 2, Sched. A, s. 2 (1); 2000, c. 9, s. 31; 2007, c. 8, s. 207 (1); 2009, c. 26, ss. 10 (1, 2); 2009, c. 33, Sched. 18, s. 10 (1).
Refusal of consent
(2) A reference in this Act to refusal of consent includes withdrawal of consent. 1996, c. 2, Sched. A, s. 2 (2).
Section Amendments with date in force (d/m/y)
Meaning of “excluded act”
3 (1) In this section,
“excluded act” means,
(a) anything described in clause (b) or (g) of the definition of “treatment” in subsection 2 (1), or
(b) anything described in clause (h) of the definition of “treatment” in subsection 2 (1) and prescribed by the regulations as an excluded act. 1996, c. 2, Sched. A, s. 3 (1).
Excluded act considered treatment
(2) If a health practitioner decides to proceed as if an excluded act were a treatment for the purpose of this Act, this Act and the regulations apply as if the excluded act were a treatment within the meaning of this Act. 1996, c. 2, Sched. A, s. 3 (2).
Capacity
4 (1) A person is capable with respect to a treatment, admission to a care facility or a personal assistance service if the person is able to understand the information that is relevant to making a decision about the treatment, admission or personal assistance service, as the case may be, and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision. 1996, c. 2, Sched. A, s. 4 (1).
Presumption of capacity
(2) A person is presumed to be capable with respect to treatment, admission to a care facility and personal assistance services. 1996, c. 2, Sched. A, s. 4 (2).
Exception
(3) A person is entitled to rely on the presumption of capacity with respect to another person unless he or she has reasonable grounds to believe that the other person is incapable with respect to the treatment, the admission or the personal assistance service, as the case may be. 1996, c. 2, Sched. A, s. 4 (3).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 56)
Capacity
4 (1) A person is capable with respect to a treatment, admission to or confining in a care facility or a personal assistance service if the person is able to understand the information that is relevant to making a decision about the treatment, admission, confining or personal assistance service, as the case may be, and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision. 2017, c. 25, Sched. 5, s. 56.
Presumption of capacity
(2) A person is presumed to be capable with respect to treatment, admission to or confining in a care facility and personal assistance services. 2017, c. 25, Sched. 5, s. 56.
Exception
(3) A person is entitled to rely on the presumption of capacity with respect to another person unless he or she has reasonable grounds to believe that the other person is incapable with respect to the treatment, the admission, the confining or the personal assistance service, as the case may be. 2017, c. 25, Sched. 5, s. 56.
Section Amendments with date in force (d/m/y)
Wishes
5 (1) A person may, while capable, express wishes with respect to treatment, admission to a care facility or a personal assistance service. 1996, c. 2, Sched. A, s. 5 (1).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (1) of the Act is amended by striking out “admission to a care facility” and substituting “admission to or confining in a care facility”. (See: 2017, c. 25, Sched. 5, s. 57)
Manner of expression
(2) Wishes may be expressed in a power of attorney, in a form prescribed by the regulations, in any other written form, orally or in any other manner. 1996, c. 2, Sched. A, s. 5 (2).
Later wishes prevail
(3) Later wishes expressed while capable prevail over earlier wishes. 1996, c. 2, Sched. A, s. 5 (3).
Section Amendments with date in force (d/m/y)
Research, sterilization, transplants
6 This Act does not affect the law relating to giving or refusing consent on another person’s behalf to any of the following procedures:
1. A procedure whose primary purpose is research.
2. Sterilization that is not medically necessary for the protection of the person’s health.
3. The removal of regenerative or non-regenerative tissue for implantation in another person’s body. 1996, c. 2, Sched. A, s. 6.
Restraint, confinement
7 This Act does not affect the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or to others. 1996, c. 2, Sched. A, s. 7.
