Released on May 17, 2010
The Government of Saskatchewan has amended the regulations under The Mandatory Testing and Disclosure (Bodily Substances) Act to provide front line emergency workers with the ability to apply to the court for a mandatory testing order where they encounter bodily substances in any aspect of fulfilling their duties.
"Our government is committed to supporting the work of police officers, fire fighters, EMTs and corrections workers," Justice Minister and Attorney General Don Morgan said. "They perform their work in difficult and often dangerous situations. The changes will provide some protection for the emergency workers, while ensuring the rights of the individual providing the sample are respected."
With this change, the police, firefighters, EMTs and correctional workers will no longer be required to prove they were exposed to bodily fluids while providing emergency care to the infected person. They will be able to apply for a court order as long as they came into contact with the bodily substance in the course of providing their professional services.
This change does not remove the requirements under the Act to seek a doctor's report and apply to the court for an order. The Act provides that the order to be tested would only be available if a person refuses to provide a sample voluntarily and the doctor's report expresses the view that there is a significant risk of transmission, and that the test would provide medically beneficial information to the front-line worker.
The results of the test are confidential. It is an offence under the Act to disclose the results of a testing order or the source individual except in accordance with the Act. No changes to these important protections are being made as a result of this change to the regulations.
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For more information, contact:
Desirae Bernreuther
Justice and Attorney General
Regina
Phone: 306-787-2626
Email: desirae.bernreuther@gov.sk.ca