What is the purpose of the Mandatory Blood Testing Act, 2006?
The Mandatory Blood Testing Act, 2006, reduces the time for getting a mandatory blood test to less than three weeks. Before the Act, the process could take more than two months. The new law makes sure that police officers, firefighters, correctional services staff and others get faster access to information that can help them decide the best way to reduce the chances of getting sick should they be exposed to a serious disease.
What diseases are listed as communicable diseases under the act?
- Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS)
- Hepatitis B
- Hepatitis C
Should I start treatment immediately following exposure, or wait for my application to be processed?
Anyone who believes he or she has been exposed to a communicable disease as a result of coming into contact with a bodily substance 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.
Who can submit an application under the Mandatory Blood Testing Act, 2006?
Anyone may apply to a Medical Officer of Health to have a blood sample of another person analyzed if he or she has come into contact with a bodily substance from that person in any of the following circumstances:
- As a result of being a victim of crime
- Persons who are employed in 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
- Firefighters (including volunteer firefighters)
- Paramedics and emergency medical attendants
- Members of the College of Nurses of Ontario
- Paramedic students in the field of training
- Members of the College of Physicians and Surgeons of Ontario
- Medical students engaged in training
- Paramedic students engaged in field training
Where should applications be submitted?
Applications must be submitted to the Medical Officer of Health in the 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 health units and the areas they cover.
Who is responsible for screening the application?
The Medical Officer of Health is responsible for screening the application to make sure it meets the requirements of the act and for seeking voluntary compliance from the respondent.
Is there a time restriction on making an application under the Mandatory Blood Testing Act, 2006?
The Medical Officer of Health in the 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.
What happens when a Medical Officer of Health receives an application?
Once the application has been screened to make sure it meets the requirements of the act, the Medical Officer of Health will attempt to contact the respondent and request that the respondent voluntarily provide a blood sample for testing.
What steps are taken if the respondent fails to provide a blood sample voluntarily?
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.
When will the Consent and Capacity Board hold the hearing?
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.
How will the Consent and Capacity Board inform me of their decision?
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.
What can I do if I disagree with the Consent and Capacity Board’s decision?
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.
How long does the respondent have to comply with an order of the Consent and Capacity Board?
The respondent has seven days from the date the order is made to comply.
What are the penalties for failing to comply with an order made by the Consent and Capacity Board?
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.
I submitted an application under the previous provisions of the Health Protection and Promotion Act 1990. My application has not been processed. Do I have to make a new application now that the Mandatory Blood Testing Act, 2006, is in effect?
Any order that was made by a Medical Officer of Health under the previous legislation (section 22.1 of the Health Protection and Promotion Act) before the new legislation came into effect remains effective after the new Act comes into effect. If an application was made to a Medical Officer of Health under the previous legislation, but an order has not yet been made, the application will be processed under the new Act. If the Medical Officer of Health began a hearing under the previous legislation before the Mandatory Blood Testing Act, 2006 came into force, the application will be dealt with under the previous legislation.
Where can I find the mandatory blood testing forms?
All forms related to the Mandatory Blood Testing Act 2006, can be found on the following website.