Your Rights and Responsibilities
Your Rights
User rights are defined and recognized by the Act respecting health services and social services (ARHSSS). This law sets out basic rights to ensure the well-being of users and must be applied at all Quebec health and social services institutions.
- The right to information means the right to be informed about your state of health and well-being, available services and resources, the risks and consequences of care, and how to receive services.
- The right to services means the right to access and receive necessary services such as exams, tests, procedures, treatment, or any other type of care.
- The right to choose your professional or institution means the right to receive services from the professional and institution of your choice. This right is subject to conditions depending on available resources.
- The right to receive the care required by your condition means the right to get the necessary care when your life is in danger. This right takes precedence over a professional’s freedom to refuse to treat a person.
- The right to consent to or refuse care means your right to accept or refuse the care offered by a professional or an institution. Professionals must obtain a user’s consent in order to provide care. If a user is incapable of providing consent or deemed incapacitated, consent may be given by a third person as per the provisions of the law.
- The right to participate in decisions means your right to participate in any decision affecting your physical or mental health as well as your right to help develop or change your proposed intervention plan. This right to participate in decisions is also your duty as a user.
- The right to be accompanied, assisted and represented means your right to have someone accompany, assist, and represent you in relation to decisions or consent about your physical or mental health. You can exercise this right when you have appointments or receive care, if the situation allows.
- The right to accommodation means your right to stay at a care facility, even if you have been discharged by a physician, until your condition allows you to return home or until you have found a place at another residential service centre.
- The right to receive services in English means your right to have all communication about your health translated into English, such as information about exams, tests, care, treatment or any other procedure.
- The right to access your record means your right, if you are aged 14 or older, to have prompt access to your record and your right to have a professional help you understand any information in your record. This professional may only refuse this request if he or she believes that complying with the request would cause you serious harm.
- The right to confidentiality means your right to have your medical record kept confidential. This means that no one may access your medical record without your consent or the consent of a person you authorize.
- The right to complain means your right to file a complaint if you are dissatisfied with the service you have received. This complaint may be filed with different authorities. You have the right to be assisted and accompanied to carry out any administrative or organizational steps to file your complaint.
Responsibilities
Users have rights, but they also have a number of responsibilities to themselves and others. Fulfilling these responsibilities is vital to protecting both your individual interests and the public good.
Your responsibilities as a user fall under four main categories:
- Responsibilities to yourself.
You must try to maintain and improve your health and well-being. This means that you must inform health care staff of any relevant information about your health (allergies, medication, etc.). You must also take part in decisions related to your health and not hesitate to ask questions to be clearly informed of your situation.
- Responsibilities to other users.
As the saying goes, “One person’s freedom ends where another person’s begins.” This means that it is important to respect other users in your room or unit, for example, by using courteous language, limiting noise, and encouraging family members to only come during visiting hours.
- Responsibilities to staff.
Users are also responsible for showing courtesy to the institutions’ different staff members and for cooperating with them. Hospital staff are here to help you, but you need to participate as much as you can in your care and services.
- Responsibility to the institution.
The institution provides users with a number of public goods. You must therefore preserve public property and follow the institution’s rules at all times.