Pubdate: Tue, 18 Oct 2005
Source: National Post (Canada)
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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. 
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