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Bodily Fluids - Expidited Testing Order

cartski

Advisory Board
______________________________

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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