On January 10, 2023, Supreme Decree No. 41 of 2022, issued by the Ministry of Health, was published in the Official Gazette as a regulation on palliative care and the rights of persons suffering from terminal or serious illnesses (hereinafter the “Regulation”).
The purpose of the Regulation, mandated by Law No. 21.375, is to regulate the requirements, conditions and manner in which palliative care will be provided to persons suffering from terminal or serious illnesses, as well as the rights of both them and their caregivers.
Among the main regulated matters, we find the following:
1. Title II of the Regulation establishes the rights of persons suffering from a terminal or serious illness, within which we can find: (i) the right to palliative care; (ii) the right to information; (iii) the right to be accompanied; and (iv) the right to spiritual or religious assistance. Each of these rights is regulated in detail in the Regulations.
2. In addition, the Regulations regulate the manner in which the person suffering from a serious or terminal illness may declare his or her advance will with respect to decisions of a vital nature that need to be made during treatment, and also regulate the appointment of a proxy for decision making.
3. Regarding palliative care, it establishes the objective and the way in which it is provided, as well as the benefits that comprise it.
4. It also establishes the role and rights enjoyed by caregivers and relatives of persons undergoing palliative care.
5. It incorporates regulations regarding the home care clinical record.
6. Finally, the Regulation contains regulations regarding the training of human capital in palliative care. It should be noted that the Regulation mandates the Ministry of Health to issue complementary regulations, the deadlines for which are found in the transitory articles of the Regulation.
The Regulation will enter into force 60 days after its publication in the Official Gazette.