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Bodily Fluids - Expidited Testing Order

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  • Bodily Fluids - Expidited Testing Order

    ______________________________

    Manitoba News Release
    .................................................. ..........


    April 16, 2008

    BODILY FLUIDS BILL WOULD OFFER NEW PROTECTION FOR FRONT-LINE
    RESPONDERS: OSWALD
    - - -
    Legislation Would Provide First-in-Canada Expedited Testing
    Process: Minister


    New legislation introduced today would offer police officers,
    paramedics, firefighters and other front-line responders
    additional protection and peace of mind when responding to a
    crime scene, fire or accident, Health Minister Theresa Oswald has
    announced.

    "The Testing of Bodily Fluids and Disclosure Act is designed to
    protect those who put their own safety at risk in order to help
    others," said Oswald. "This legislation offers front-line
    responders, good Samaritans and victims of crime effective
    resources to determine if their own health has been put at risk."

    The new legislation would allow an individual to apply for a
    testing order if they are exposed:

    - while performing duties as a firefighter, paramedic or
    peace officer;

    - while providing emergency health services or first aid;

    Or

    - as a result of being a victim of crime.

    "Today's bill is the product of consultations and advice from
    emergency workers and their representatives and human rights
    advocates," Oswald said. "We've taken a careful look at similar
    protections introduced in other jurisdictions and have developed
    legislation we believe is the most effective of its kind in
    Canada."

    Under the proposed legislation, an expedited process would be
    established to allow a judicial justice of the peace to determine
    if a testing order is warranted. A testing order could be issued
    if the judicial justice of the peace is satisfied the applicant
    has been exposed to a bodily fluid from someone they were
    treating or otherwise dealing with and the applicant's health is
    at risk due to the nature of the exposure. Once the order is
    issued, the individual would have 24 hours to oppose the request.

    The minister noted the proposed legislation would make Manitoba
    the only province with a process for an expedited order.


    Most testing will likely be done to determine if there has been
    exposure to communicable disease. Results will be provided to the
    applicant's physician and the source person's physician to
    communicate to their patient. If either the source person's or
    the applicant's physician is unknown, the result will be sent to
    the appropriate medical officer of health.

    The minister noted Manitoba Health will develop an education
    campaign to ensure anyone exposed to blood or bodily fluids knows
    the importance of pursuing immediate treatment options and are
    aware of new protections that would be available under the new
    legislation.
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