Communicable diseases – Mandatory testing and disclosure

Overview

The Mandatory Testing and Disclosure Act (MTDA) provides a way for certain individuals exposed to the risk of communicable disease infection through contact with another person to force that person to provide a bodily substance for testing, if such information cannot reasonably be obtained in any other manner.

Legislation

• Mandatory Testing and Disclosure Act
• Mandatory Testing and Disclosure Regulation
• Definitions and Interpretations under the Mandatory Testing and Disclosure Act and accompanying regulations

MTDA process

Who may apply

You may apply to the Court of Justice – Family and Youth for a Mandatory Disclosure Testing Order if you have come into contact with a bodily substance of a source individual:

• while providing emergency assistance to someone who is ill, injured or unconscious as a result of an accident or other emergency
• while performing duties as a firefighter, paramedic or peace officer

If you are unable to apply yourself, applications may be made by someone else on your behalf if you meet the above criteria.

How to apply for testing

Within 30 days of the exposure, the exposed individual or someone acting on that individual’s behalf may apply to the Court of Justice – Family and Youth.

• Applicants must complete the Application for Testing Order Form 1 of the Mandatory Testing and Disclosure Regulation.
• Their physician must complete the Physician's Report Form 2 of the regulation.
• The applicant must file these documents with the Court of Justice – Family and Youth within 30 days of the exposure.
• A court date will be set.

If the source individual is a minor (under 18 years old), dependent adult, or is deceased, the documents must be served as follows:

• Minor – Serve the source individual’s parent(s) or guardian(s) and, if the source individual is 14 years of age or older, serve the source individual.
• Dependent adult – Serve the source individual and the guardian of the source individual
• Deceased – Serve the next of kin of the source individual or to the executor or administrator of the estate of the source individual, if any.

A judge of the Court of Justice – Family and Youth may consider waiving or changing the above requirements if, in the circumstances of the case, giving 7 days notice is impossible or impractical.

Service of Testing Order

Testing Order means an order made by the Court of Justice that directs the Chief Medical Officer of Health (CMOH) to search the communicable disease databases or that directs a source individual to allow a qualified health professional to take a sample of a bodily substance from the source individual for analysis, or both (Section 1(q) MTDA).

Section 4(6) of the MTDA requires that the applicant must serve a copy of the Testing Order to the CMOH and provide the CMOH with a copy of the Physician’s Report.

• Send the documents to the office of the CMOH by fax at 780-427-7683.

Physician’s report

The Physician’s Report provides the court with a physician’s assessment of:

• the risk to the health of the applicant resulting from the applicant’s contact with a bodily substance of the source individual
• the need for a testing order to treat or manage the health of the applicant

The report will assist the court in determining if a testing order is required and what should be included in the testing order. The original signed copy must be provided to the court.

MTDA decision process

A judge of the Court of Justice – Family and Youth will consider the application and may make a testing order.

If a testing order is made, the applicant must submit the testing order and Physician’s Report to the CMOH.

The CMOH will then provide a copy of these documents together with the results of any database search ordered by the court to the Medical Officer of Health (MOH) for the health region where the source individual resides.

The regional MOH will then designate a health professional and analyst to take and test a sample, and will serve notice to the source individual with directions on how to comply with the order.

Once the testing and analysis is completed, the MOH will provide a copy of the results to the applicant’s physician and the source individual’s physician.

MTDA process steps and forms

Step 1

Applicant

• Complete the Application for Testing Order within 30 days of the exposure.

Physician

• Use the Determination of Significance of Blood and/or Body Fluid Exposure under the MTDA
  • Complete the form, retain original on patient record, and send copy to the CMOH.
• Complete Physician's Report – provide original to applicant, retain copy on patient record.

Step 2

Applicant

• Submit the application and Physician's Report to the Court of Justice.
• Serve notice to source not less than 7 days before the application is to be heard in court.

Step 3

• Court of Justice judge makes the decision to grant or deny the Mandatory Disclosure Testing Order.
• Court of King’s Bench hears appeals.

Step 4

Applicant

• Serve a copy of the testing order to the CMOH.
• Provide a copy of the Physician Report to the CMOH.
• Send the documents to the CMOH by fax at 780-427-7683.

Step 5

CMOH and MOH

• Read the Summary of Process under the Mandatory Testing and Disclosure Act

Contact

Send completed documents to the Office of the Chief Medical Officer of Health:

Fax: 780-427-7683