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AR 190/2007 MANDATORY TESTING AND DISCLOSURE REGULATION

(Consolidated up to 135/2017)

ALBERTA REGUlation 190/2007

Mandatory Testing and Disclosure Act

MANDATORY TESTING AND DISCLOSURE REGULATION

Table of Contents

                1       Communicable disease

                2       Communicable disease database

                3       Physician’s qualifications

                4       Qualified health professionals


                5       Qualified analyst’s qualifications

                6       Application for testing order

                7       Physician’s report

                8       Expiry

                9       Coming into force

Schedules

Communicable disease

1   The following are communicable diseases for the purposes of the Act:

                                 (a)    Human Immunodeficiency Virus Infection/Acquired Immunodeficiency Syndrome (HIV/AIDS);

                                 (b)    Hepatitis B;

                                 (c)    Hepatitis C.

Communicable disease database

2   The following are communicable disease databases:

                                 (a)    Northern and Southern Alberta HIV Program databases;

                                 (b)    Alberta Health Communicable Disease Reporting System database;

                                 (c)    Provincial Laboratory for Public Health (Microbiology) database.

AR 190/2007 s2;170/2012

Physician’s qualifications

3   For the purposes of preparing a physician’s report under section 7 of the Act, a physician must be a member in good standing with the College of Physicians and Surgeons of Alberta.

Qualified health professionals

4   The following are qualified health professionals:

                                 (a)    medical laboratory technologists;

                                 (b)    physicians;

                                 (c)    registered nurses;

                                 (d)    licensed practical nurses;

                                 (e)    combined laboratory and x‑ray technicians.

Qualified analyst’s qualifications

5   A qualified analyst is a registered medical laboratory technologist who performs analytic services in a laboratory accredited by the College of Physicians and Surgeons of Alberta.

Application for testing order

6   The form for an application for a testing order under section 3 of the Act is set out in Schedule 1.

Physician’s report

7(1)  The form for a physician’s report under section 7 of the Act is set out in Schedule 2.

(2)  In addition to providing a copy of the physician’s report under section 4(6) of the Act, a physician must, if requested by the Chief Medical Officer of Health, provide a copy of any other information relating to the physician’s report to the Chief Medical Officer of Health.

Expiry

8   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2020.

AR 190/2007 s8;135/2017

Coming into force

9   This Regulation comes into force on the coming into force of the Mandatory Testing and Disclosure Act.


Schedule 1

Application for Testing Order

In The Provincial Court of Alberta
In the Matter of an Application Under Section 3(3) of the
Mandatory Testing and Disclosure Act

Between

                                                                                          Applicant  

of           (Applicant’s address for service)     

and

                 (Source individual’s name)             Respondent

of   (Source individual’s address for service)  

Notice of Hearing

Take notice that an application for a testing order will be made on behalf of the applicant at a court hearing scheduled before the presiding judge in

                                      (Court address)                                            

on the                      day of                         , 20   at              a.m./p.m. or as soon thereafter as this application may be heard.

Further take notice that if you do not appear at the hearing, a testing order* may be granted in your absence.

Further take notice that in support of this application will be read the following Affidavit:

Affidavit – Reasons for Application

I,     (Applicant’s name)   , of    (Applicant’s address for service)  , am applying for a testing order pursuant to section 3 of the Mandatory Testing and Disclosure Act.  I hereby make oath and say/solemnly affirm:

(1)  My reasons for making the application (including the date of and circumstances in which it is believed that the applicant came into contact with a bodily substance of the source individual) are as follows:

 

(2)  The following attempts have been made to determine if the source individual is infected with a pathogen that causes a communicable disease (For example, was the source individual requested to voluntarily provide a sample?):

 

(3)  Additional information:

 

Attached to this application as Exhibit “A” is the Physician’s Report as prescribed in the regulations.

 

SWORN/AFFIRMED BEFORE ME on      )
                   , 20      at                                    )   (Signature of Applicant)      
                                                                
      )
(Commissioner for Oaths                             )
in and for the Province of Alberta)              )

* “testing order” is defined in the Mandatory Testing and Disclosure Act as “an order made by the Provincial Court that directs the Chief Medical Officer of Health 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”.

AR 190/2007 Sched. 1;227/2011

Schedule 2

Physician’s Report
Mandatory Testing and Disclosure Act

In the matter of the application of    (Applicant’s name)   , for a testing order under section 3 of the Mandatory Testing and Disclosure Act, I, Dr.                                              , as a member in good standing with the College of Physicians and Surgeons of Alberta, report the following:

(a)    I am knowledgeable in assessing and managing blood and body fluid exposures.

 



Yes



No

(b)    A history of the applicant’s account of contact with a bodily substance of the source individual has been obtained by me.

 





Yes





No

(c)    The applicant has been examined by me.

 


Yes


No

(d)    It has been determined that the applicant is not immune to or has not tested positive for:



Hepatitis B



Yes



No

 


Hepatitis C


Yes


No

 


HIV


Yes


No

(e)    Post Exposure Prophylaxis for Hepatitis B has been prescribed for the applicant.

 



Yes



No

         I have confirmed that the applicant has commenced this prophylaxis.

 



Yes



No

(f)    Post Exposure Prophylaxis for HIV has been prescribed for the applicant.

 



Yes



No

         I have confirmed that the applicant has commenced this prophylaxis.

 



Yes



No

         If No in (e) and/or (f), why?

                     1.  Patient refused

                     2.  Not medically required

                     3.  Other






 

 

If other, please explain:

                                                                                                                       
                                                                                                                       
                                                                                                                       

(g)   Additional physician comments:

                                                                                                                       
                                                                                                                       
                                                                                                                       
                                                                                                                       

Based on the information provided by the applicant, the examination and testing performed, and the incubation periods for pathogens in the human body, it is my opinion that:

1.     There are reasonable grounds to believe that the applicant might have become infected with a pathogen that causes a communicable disease resulting from the applicant’s contact with a bodily substance of the source individual.

 








Yes








No

2.     An examination and tests on the applicant cannot accurately determine, in a timely manner, whether the applicant has, as a result of the contact with a bodily substance from the source individual, become infected with a pathogen that causes a communicable disease.

 









Yes









No

3.     A testing order is necessary to treat or manage the health of the applicant.

 



Yes



No

4.     This testing order should include the following instructions:

 

 

 

         A serum sample should be obtained from the source individual for the following tests:

 

 

 

 

HIV Antibody

 

Hepatitis C Antibody


 

Hepatitis B Surface Antigen


 

Other

If other, please list tests which should be conducted on the sample(s) obtained:

                                                                                                                       
                                                                                                                       
                                                                                                                       
                                                                                                                       

      (Signature of physician)                          (Business address)     

   (Business facsimile number)           (Business telephone number)