Pubdate: Wed, 20 Apr 2005
Source: Regina Leader-Post (CN SN)
Copyright: 2005 The Leader-Post Ltd.
Contact:  http://www.canada.com/regina/leaderpost/
Details: http://www.mapinc.org/media/361
Author: Tim Switzer

NEW LAW GIVES POWERS TO FORCE DISEASE TESTS

Three years ago, Const. 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'd 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."

Thankfully, tests were negative, but Desjarlais said she has extra reason 
to be happy that new legislation in Saskatchewan helps protect emergency 
workers against similar attacks.

The Mandatory Testing and Disclosure (Bodily Substances) Act, which 
underwent a second reading Tuesday, would allow officials to demand bodily 
fluid tests of suspects whenever a victim of crime or emergency service 
worker is at risk of infection.

Under the legislation, a court order could be issued if the suspect refuses 
to provide a sample and a physician rules there is a risk of transmission.

The person has three days to apply to the Court of Queen's Bench from the 
incident date before the court decides whether an order is warranted.

Moose Jaw Police Chief and president of the Saskatchewan Association of 
Chiefs of Police Terry Coleman said the most common scenarios facing 
emergency workers include spitting, biting and being stuck with needles.

"There's a lot of stress for the individual worker and of course for their 
family," he said.

"Never mind they may or may not have contracted some disease, it's the 
stress of not knowing. This (legislation) will overcome this."

Executive director for AIDS Programs South Saskatchewan Chris Smith said 
the legislation is needed, but isn't perfect. She said with HIV there is a 
window of six weeks up to three months where the virus can go undetected.

"So there still is that window period that people are going to have to wait 
for and be uncertain about while people get tested," she said.

Smith said she was also concerned about the privacy of those tested, but 
Justice Minister Frank Quennell said no one being tested will have their 
name made public.
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MAP posted-by: Elizabeth Wehrman