Pubdate: Tue, 18 Oct 2005 Source: National Post (Canada) - -4805-843f-157cf69aceef Copyright: 2005 Southam Inc. Contact: http://www.nationalpost.com/ Details: http://www.mapinc.org/media/286 Author: Tim Switzer, CanWest News Service SASKATCHEWAN LAW CALLS FOR MANDATORY BODILY FLUIDS TESTS REGINA - The Saskatchewan legislature has passed a law that could force people who may have exposed emergency workers to disease to have their blood and bodily fluids medically tested. The Mandatory Testing and Disclosure (Bodily Fluids) Act, which was passed by the Saskatchewan legislative assembly during the spring session and proclaimed into law yesterday, gives police, firefighters and paramedics -- as well as Good Samaritans -- the chance to apply for mandatory testing of an individual if they feel they are at risk of infection after being exposed to blood or other bodily fluids while saving a life, stopping a crime or making an arrest. Victims of crime are also protected by the Act. Paramedic Jason Williams said yesterday he supports the new law. "There are times during the course of our duties that we will encounter bodily fluids, be exposed to things such as that, and it's reassuring that there is a means in place now formally that will allow us to be able to know if the fluid we've come in contact with contains anything that we should be concerned about," he said. Under the Act, those who feel they may have been infected can apply for a court order if the source individual refuses a voluntary test. Throughout the process, neither the person being tested nor the person making the application will have his or her name made public. Failing to comply could result in a $5,000 fine for the first offence and $10,000 for subsequent offences. "Our hope, of course, is that we never have to use the legislation," said Justice Minister Frank Quennell. "However, it is now available to help protect those people who unselfishly risk their own personal safety in order to protect ours." Mr. Quennell said he feels Saskatchewan's legislation has improved upon a similar law in Ontario. "It's a court-governed process. It's legislation we had reviewed by the Privacy Commissioner and we're comfortable that giving the benefit of doubt to emergency workers and victims of crime we've struck the right balance," he said. Regina Police Chief Cal Johnston said the Act will certainly provide more piece of mind for officers. "Through this process, in a much accelerated way, the officer can go home to the family and say, 'Its all been tested and there's no problem.' Or if there is a problem, know that the right treatment is happening quickly," he said. Mr. Williams said while the legislation does relieve the unknown, he does acknowledge that those at risk of infection may still have to undergo weeks or months of testing because some diseases can go undetected for long periods of time. "With respect to HIV and hepatitis and so forth there is upwards of a year that we would be tested a number of times but this legislation will help getting the ball rolling sooner so one can start down that process quicker," he said. Three years ago, Constable Angela Desjarlais of the Regina Police Service was bitten by a prostitute while making an arrest. The bite was strong enough to puncture her skin, leaving her wondering whether she had been infected by a disease, given the offender was an intravenous drug user. "This occurred a month before I was to be married," she said. "Dreams of having a child were put on hold for a whole year because I had to have HIV tests every three months for a year. It devastates everybody." The tests were negative, but Const. Desjarlais said she has extra reason to be happy that new legislation in Saskatchewan helps protect emergency workers against similar attacks. - --- MAP posted-by: Josh