Ontario Legislation now makes provision for the taking of blood samples from a source person when victims of crime, emergency service workers, and good Samaritans have been exposed to the source person's bodily fluids. The sample is to be tested for HIV, hepatitis B and hepatitis C.
Originally called Bill 105, the legislation has now become an amendment to the Health Protection and Promotion Act.
There are several requirements that must be met before the Medical Officer Of Health will consider an order. The process must follow strict timelines. There is the opportunity for voluntary testing within the process, as well as for appeals to decisions made.
While physicians play specific roles in this legislation, it should be noted that it is the victim of crime, emergency service worker, or good Samaritan who initiates the process by filling out a form and having their own physician also complete a form. This completed application must be presented to the Medical Officer of Health for the source person's residence within 7 days of the incident.
Overview of Key Steps
- An incident occurs in which an emergency care worker, first aid provider or victim of crime is potentially exposed to bodily fluids of another person (respondent).
- The potentially exposed person (applicant) seeks emergency medical care regarding the incident and exposure.
- A physician assesses the patient, counsels the patient regarding the exposure and the risk of transmission of hepatitis B and C and HIV, counsels regarding prophylaxis, offers initial prophylaxis where indicated, and may refer for ongoing management if appropriate.
- The exposed person (applicant) decides to proceed with an application for an order to require the taking of blood samples from the source person (respondent) to be issued by a MOH. In this case, the applicant completes an Applicant Report and requests his/her physician to complete a Physician Report.
- The applicant takes the completed Physician Report and the Applicant Report which he/she has completed to the MOH in the jurisdiction of the residence of the source person (respondent).
- The MOH considers the Reports and any other relevant information, and decides whether or not to issue an order requiring the source person (respondent) to be tested for HIV, hepatitis B and hepatitis C.
- If an order is issued by the MOH, it consists of three parts :
- The first part is directed to the source person (respondent) to present him/herself to a named physician to have a blood sample taken for testing for HIV, hepatitis B and hepatitis C.
- The second part of the order is directed to a named physician who will take, or requisition the taking of the blood sample from the source person (respondent).
- The third part of the order is directed to the laboratory which does the blood testing.
- The results of the blood tests are sent to the applicant's physician, the respondent's physician, and the MOH.
Q & A
An outline of the Application process with Questions and Answers can be found at
http://www.health.gov.on.ca/english/providers/legislation/bill_105/105_qa.pdf
Legislation
View The Health Protection and Promotion Act section 22.1
Ontario Regulation 166/03 sets the requirements and procedures which must be followed with respect to an order for compulsory blood testing. Definitions were amended Sept 8, 2003
Access the correct forms at the Ontario Provincial Government Web site.
The Ministry of Health and Long-Term Care provides additional information at www.health.gov.on.ca and their Help Line 1-877-222-4797
Health Unit staff are available to answer questions and provide support.
Completed Forms
Completed applications should be handed in to the Medical Officer of Health for the health unit that the source person resides in.
To contact the Executive Assistant of the Medical Officer of Health in Thunder Bay, please use the contact us form.