An application to the Medical Officer of Health under the Act can be submitted by the person exposed (the “Applicant”) for a request to have a blood sample collected and tested for HIV, hepatitis B and hepatitis C from the person whose body substance they have come into contact with (the “Respondent”) in any of the following circumstances:
- As a result of being a victim of a crime where contact with body fluid or blood occurred
- While providing emergency health care services or emergency first aid to the person or
- In the course of his or her duties, if the person belongs to an identified group of individuals, including:
- persons who are employed in a correctional institution, place of open custody or place of secure custody
- police officers, civilian employees of a police service, First Nations constables and auxiliary members of a police service
- special constables (officers who are not employees of a police service)
- firefighters (including volunteer firefighters)
- paramedics and emergency medical attendants
- paramedic students engaged in field training
- members of the College of Physicians and Surgeons of Ontario
- medical students engaged in training
- members of the College of Nurses of Ontario
- nursing students engaged in training
Anyone who believes he or she has been exposed to a communicable disease as a result of coming into contact with blood or body fluid of another person should immediately contact a medical professional who can help assess the risk of infection and decide whether to start treatment or preventive measures. It’s important to advise the medical professional that an application under the Act is being requested. The form must be completed in its entirety. Failure to do so will result in the application being denied.
The medical professional can begin completing the following required form:
Form 1 – Physician Report Pursuant to the Mandatory Blood Testing Act, 2006.
The Applicant(s) will also need to complete the following form:
Form 2 – Applicant Report Pursuant to the Mandatory Blood Testing Act, 2006
Applications must be submitted to the Medical Officer of Health in the public health unit where the respondent lives. At the bottom of the application form there is a phone number that applicants can call to obtain a list of public health units and the areas they cover.
The Medical Officer of Health is responsible for authorizing the application request. Under the authority of the Medical Officer of Health, the Respondent will be contacted to seek voluntary compliance to submit blood samples. Collection of blood is obtained in accordance with the guidelines in the act and tested for HIV, hepatitis B and hepatitis C.
The Medical Officer of Health in the public health unit where the Respondent lives must receive an application no more than seven days after the date of the occurrence. However, if the deadline falls on a Saturday, Sunday or other holiday, the deadline is extended by one day.
If the Respondent does not provide a blood sample within two days of the Medical Officer of Health receiving the application, or if the Respondent cannot be located in time, the application will be referred to the Consent and Capacity Board. The Board will hold a hearing to decide whether to issue a mandatory order.
The Consent and Capacity Board must begin and complete a hearing within seven days of receiving an application from a Medical Officer of Health. The board must make its decision within one day after the hearing ends. However, if this day falls on a Saturday, Sunday or any other holiday, the deadline will be extended by one day.
The Board will provide the Applicant and the Respondent (or their representative), as well as the Medical Officer of Health, with a copy of the Board’s decision and a copy of any order made by the Board.
A decision of the Board is final. There is no right of appeal. However, both the Applicant and the Respondent have the right to apply for a judicial review of the decision by the Superior Court of Justice.
The Respondent has seven days from the date the order is made to comply.
Every person who fails to obey an order made by the board is guilty of an offence and is liable on conviction to a fine of not more than $5,000 for every day or part of a day on which the offence occurs or continues.
To protect your health, it is important to know about precautions to take when providing first aid and to be sure that your immunizations are up-to-date.
