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What is the Mandatory Blood Testing Act?

The Mandatory Blood Testing Act (MBTA) allows eligible persons (the “Applicant”) to apply (within 7 days after being exposed) to the Medical Officer of Health to have a blood sample of another person whose bodily substance they have come into contact with (the “Respondent”) tested for HIV, hepatitis B, and hepatitis C. 

Who does the MBTA apply to?

The MBTA applies to persons in any of the following circumstances:

  • As a result of being the victim of a crime.
  • While providing emergency health care services or emergency first aid to the person, if the person was ill, injured or unconscious as a result of an accident or other emergency.
  • In the course of his or her duties, if the person belongs to the following groups:
    • Persons working in a correctional institution, in a place of open custody, or place of secure custody;
    • Police officers, employees of a police force who are not police officers, First Nations Constables, and auxiliary members of a police force;
    • Firefighters;
    • Paramedics and emergency medical attendants;
    • Paramedic students in field training;
    • Members of the College of Nurses of Ontario;
    • Nursing students engaged in training;
    • Members of the College of Physicians and Surgeons of Ontario;
    • Medical students engaged in training; and
    • Special constables who are not employees of a police force.

How do I make an application under the MBTA?

Anyone who believes that he or she has been exposed to a communicable disease as a result of coming into contact with blood or body fluid 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. The Mandatory Blood Testing Act is only enforced if and when the Respondent does not comply.

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. If a mandatory order is issued by the Consent and Capacity Board, the Respondent has seven days from the date the order is made to comply. 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.

All relevant forms, including the Physician Report, Applicant Report, and Respondent Report, can be accessed via the Government of Ontario website.

If you have further questions about the MBTA, please call 519-258-2146 extension 1420, to speak to a Public Health Nurse.

Forms

References

  • (2014). APIC text of infection control and epidemiology. Washington, D.C.: Association for Professionals in infection Control and Epidemiology
  • Ontario. (2009). Mandatory blood testing act, 2006, S.O. 2006, c.26. Retrieved from https://www.ontario.ca/laws/statute/06m26.
  • Ontario Hospital Association & Ontario Medical Association. (2016). Blood-borne diseases surveillance protocol for Ontario hospitals.

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