This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

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Mandatory Testing and Disclosure Regulations

made under

Section 23 of the

Mandatory Testing and Disclosure Act

S.N.S. 2004, c. 29

O.I.C. 2006-246 (May 12, 2006, effective June 1, 2006), N.S. Reg. 75/2006

Citation

1 These regulations may be cited as the Mandatory Testing and Disclosure Regulations .

Definitions

(1) In these regulations, “Act” means the Mandatory Testing and Disclosure Act .

(2) In the Act and these regulations,

(a) “emergency first aid” means first aid services performed by

(

i) a volunteer under the Volunteer Service Act , or

(ii) a person trained to provide first aid, including a registered pre-hospital

first responder as defined in the Emergency Health Services Act ;

(b) “emergency health care services” means services performed by a registered

paramedic while on duty;

(c) “local registrar” means a clerk of the court;

(d) “peace officer” includes all of the following:

(

i) sheriff, deputy sheriff, and sheriff’s officer,

(ii) a person employed to provide correctional services,

(iii) a police officer;

(e) “person employed to provide correctional services” means any of the

following:

(

i) a member of the Correctional Service of Canada who is designated as a

peace officer under

Part 1 of the Corrections and Conditional Release

Act (Canada),

(ii) an employee of the Correctional Services Division of the Department of

Justice and includes an assistant probation officer;

(f) “police officer” means

(

i) a member of the Royal Canadian Mounted Police,

(ii) a member, special constable or by-law enforcement officer of a

municipal police department appointed under subsection 37(4) of the

Police Act ,

(iii) a chief officer of a municipal police department appointed under

subsection 38(1) of the Police Act , and

(iv) a member of the Nova Scotia Provincial Police appointed under

Section

28 of the Police Act ;

(e) “registered paramedic” means a registered paramedic as defined in the

Emergency Health Services Act .

Communicable diseases

3 All of the following diseases and conditions are prescribed as communicable diseases

under the Act:

(

a) hepatitis B;

(

b) hepatitis C;

(

c) human immunodeficiency virus (HIV).

Physician report

4 A physician report must be in the form set out in

Schedule A and must be completed by a

physician licensed under the Medical Act .

Schedule A

Physician Report

Mandatory Testing and Disclosure Act

Note to Physicians : The Mandatory Testing and Disclosure Act permits an individual who

meets the criteria outlined in the legislation and who is exposed to bodily fluids (the “exposed

person”) to ask a court to order the individual who is the source of the bodily fluids (the “source

individual”) to be tested for HIV, Hepatitis B and Hepatitis C. The exposed person must give

the court a report from a physician as part of this process. This is the physician report form that

is prescribed in the Mandatory Testing and Disclosure Regulations .

Compensation for physicians for completion of this form shall be paid on a sessional fee basis

up to one hour. Invoices should be mailed in envelopes marked “Private and Confidential” to:

Department of Health and Wellness, Office of Chief Medical Officer of Health, PO

Box 488, Halifax, N.S. B3J 2R8.

[Note: the reference to the Department has been updated in accordance with Order in Council 2011-15 under the Public Service Act , R.S.N.S. 1989, effective January 11, 2011.]

Exposed Person

(please print)

Surname: _______________

First name: _______________

Middle name _____________

Date of birth (year/month/day) : _____________________

Age: ________________

Occupation: ______________________________________

Address: ____________________________________________________________________

Description of Exposure

1. Date of exposure: _________________________________________________________

2. Location of injury or nature of exposure:

Information on Exposed Person

Has the exposed person:

(1) been assessed post-exposure? yes _____ no _____ unknown _____

(2) received counselling post-exposure? yes _____ no _____ unknown _____

(3) had baseline testing for: HIV: yes _____ no _____ unknown _____

HBV: yes _____ no _____ unknown _____

HCV: yes _____ no _____ unknown _____

If yes, what are the results?

HIV: pos _____ neg _____ unknown _____ declines to disclose _____

HBV: HbsAg pos _____ neg _____ unknown _____ declines to disclose _____

Anti HBs pos _____ neg _____ unknown _____ declines to disclose _____

HCV: pos _____ neg _____ unknown _____ declines to disclose _____

(4) had Hepatitis B immunization? yes _____ no _____

If yes: # of doses _____ date(s) ______________________________________

(5) been offered post-exposure prophylaxis?

Antiretroviral drugs: offered _____ received _____ refused _____

Hepatitis B immune globulin: offered _____ received _____ refused _____

Vaccination for Hepatitis B: offered _____ received _____ refused _____

Pertinent History and Physical Findings

Assessment of Risk

Based on your assessment of the exposure and the susceptibility of the exposed person, do you

consider the exposed person to be at risk for:

HIV: yes _____ no _____

HBV: yes _____ no _____

HCV: yes _____ no _____

Necessity of Testing Order

In your view, is testing the source individual necessary to decrease or eliminate the risk to the

exposed person’s health resulting from the exposure to bodily fluids from the source of the

individual:

yes _____ no _____

Other Comments

Physician Completing