Proposed law speeds blood-test court process for emergency workers
Last Updated: Wednesday, April 16, 2008 | 3:52 PM CT
CBC News
Emergency workers, good Samaritans and crime victims would be helped by proposed legislation in Manitoba that quickens tests to determine if they have been exposed to serious illnesses.
The Testing of Bodily Fluids and Disclosure Act allows an individual to apply for a testing order if they are exposed to bodily fluids:
- While performing duties as a firefighter, paramedic or peace officer.
- While providing emergency health services or first aid.
- As a result of being a victim of crime.
"This is going to give us the ability to go to the court system and demand a blood sample and … expedite the process to get that blood sample in a private way to the doctor, so the doctor can tell the firefighter whether or not that blood sample is tainted with HIV, [tuberculosis], hepatitis, etc.," said Alex Forrest, president of the United Firefighters of Winnipeg.
"It isn't perfect — you're still going to have to begin preventative treatment and such. But it will give you peace of mind quicker and it may eliminate some of the preventative treatments as well."
Under the proposed legislation, an expedited process would be established to allow a judicial justice of the peace — instead of a full court hearing — determine if a testing order is warranted.
Once the order is issued, the individual would have 24 hours to oppose the request.
Results would be provided to the applicant's physician and the source person's doctor to communicate to their patient.
Other jurisdictions, including Alberta, Saskatchewan, Ontario and Nova Scotia, have similar legislation on the books, but Manitoba is the only province with a process for an expedited order, said Health Minister Theresa Oswald.
Applicants in other jurisdictions often face a minimum four- to five-day wait, officials said.
