Testing of Bodily Fluids and Disclosure Regulation

Testing of Bodily Fluids and Disclosure Regulation, M.R. 151/2009 The Testing of Bodily Fluids and Disclosure Act , C.C.S.M. c. T55 Regulation 151/2009 Registered September 14, 2009 bilingual version (HTML) Table of Contents Section 1 Definition 2 Designated communicable diseases 3 Additional applicants 4 Designated drawing facilities 5 Testing facility 6 Submitting application by facsimile 7 When expedited testing order may be made 8 Service of documents 9 Registering objections to testing order 10 Physician's report requirements 11 Coming into force Schedule Definition 1 In this regulation, "Act" means The Testing of Bodily Fluids and Disclosure Act . Designated communicable diseases 2 The following diseases or conditions are designated as communicable diseases for the purposes of the Act: (a) hepatitis B; (b) hepatitis C; (c) human immunodeficiency virus (HIV). Additional applicants 3 For the purposes of clause 2(1)⁠(d) of the Act, the following persons may apply for a testing order: (a) any of the following persons who comes into contact with a bodily fluid of another person while providing nursing services: (i) a person who is registered with and holds a valid certificate of practice issued by the College of Registered Nurses of Manitoba under The Regulated Health Professions Act , (ii) a person who is registered with and holds a valid certificate of practice issued by the College of Registered Psychiatric Nurses of Manitoba under The Regulated Health Professions Act , (iii) a licensed practical nurse registered under The Licensed Practical Nurses Act ; (b) a person who is designated by his or her employer as a health care aide who comes into contact with a bodily fluid of another person while providing health care services in the course of his or her employment. M.R. 115/2025 Designated drawing facilities 4(1) The following are designated as drawing facilities for the purposes of the Act: (a) the following facilities in Winnipeg: (i) Concordia Hospital, (ii) Grace Hospital, (iii) Health Sciences Centre, (iv) Misericordia Health Centre, (v) St. Boniface General Hospital, (vi) Seven Oaks General Hospital, (vii) Victoria General Hospital; (b) in Brandon, Westman Regional Laboratory; (c) a hospital, health centre or health district located in the following communities: (i) Altona, (ii) Arborg, (iii) Ashern, (iv) Beausejour, (v) Birtle, (vi) Boissevain, (vii) Carberry, (viii) Carman, (ix) Churchill, (x) Crystal City, (xi) Dauphin, (xii) Deloraine, (xiii) Erickson, (xiv) Eriksdale, (xv) Flin Flon, (xvi) Gillam, (xvii) Gimli, (xviii) Gladstone, (xix) Glenboro, (xx) Grandview, (xxi) Hamiota, (xxii) Killarney, (xxiii) Lac du Bonnet, (xxiv) Leaf Rapids, (xxv) Lynn Lake, (xxvi) Melita, (xxvii) Minnedosa, (xxviii) Morris, (xxix) Neepawa, (xxx) Notre Dame de Lourdes, (xxxi) Oakbank, (xxxii) Pinawa, (xxxiii) Pine Falls, (xxxiv) Portage la Prairie, (xxxv) Rivers, (xxxvi) Roblin, (xxxvii) Rossburn, (xxxviii) Russell, (xxxix) Selkirk, (xl) Shoal Lake, (xli) Snow Lake, (xlii) Souris, (xliii) St. Pierre-Jolys, (xliv) Ste. Anne, (xlv) Ste. Rose du Lac, (xlvi) Steinbach, (xlvii) Stonewall, (xlviii) Swan Lake, (xlix) Swan River, (l) Teulon, (li) The Pas, (lii) Thompson, (liii) Treherne, (liv) Virden, (lv) Vita, (lvi) Wawanesa, (lvii) Whitemouth, (lviii) Winkler, (lix) Winnipegosis; (d) nursing stations in Easterville, Grand Rapids and Moose Lake operated by the provincial government; (e) nursing stations operated or funded by the federal government in the following communities: (i) Berens River, (ii) Bloodvein, (iii) Brochet, (iv) Cross Lake, (v) Garden Hill, (vi) Gods Lake Narrows, (vii) Gods River, (viii) Lac Brochet, (ix) Little Grand Rapids, (x) Negginan, (xi) Nelson House, (xii) Oxford House, (xiii) Pauingassi, (xiv) Pukatawagan, (xv) Red Sucker Lake, (xvi) St. Theresa Point, (xvii) Shamattawa, (xviii) South Indian Lake, (xix) Split Lake, (xx) Tadoule Lake, (xxi) Wasagamack, (xxii) York Landing; (f) hospitals operated by the federal government in Hodgson and Norway House; (g) health service units in the following custodial facilities designated under The Correctional Services Act : (i) Agassiz Youth Centre, (ii) Brandon Correctional Centre, (iii) Dauphin Correctional Centre, (iv) Headingley Correctional Centre, (v) Manitoba Youth Centre, (vi) Milner Ridge Correctional Centre, (vii) Portage Correctional Centre, (viii) The Pas Correctional Centre, (ix) Winnipeg Remand Centre; (h) the medical services unit at Stony Mountain Penitentiary. Drawing facility for inmates 4(2) An inmate of a custodial facility may only provide a bodily fluid at the health service unit in the custodial facility in which he or she is incarcerated or at another drawing facility authorized by staff at the custodial facility. Testing facility 5 Cadham Provincial Laboratory, 750 William Avenue, Winnipeg, is designated as a testing facility for the purposes of the Act. Submitting application by facsimile 6(1) A person who applies for an expedited testing order by telecommunication must fax the application to the judicial justice of the peace hearing the application before the justice considers the application, unless the justice otherwise allows. Submission of other documents 6(2) For the purposes of subsection 5(1) of the Act, a person who applies for an expedited testing order by telecommunication must provide any documents relied on in support of the application to a court office specified by the judicial justice of the peace who hears the application in the manner specified by the justice. When expedited testing order may be made 7(1) Subject to subsection (2), an expedited testing order may be made if — according to the risk assessment table in the Schedule — the nature of the contact with the bodily fluid of the source individual creates, or has the potential to create, a moderate or high risk of exposure to a micro-organism or pathogen causing a communicable disease. Deadline for making expedited testing order 7(2) An expedited testing order must not be made if the applicant came into contact with the bodily fluid of the source individual more than 90 days before the application is heard. Service of documents 8(1) Unless a judge or judicial justice of the peace orders otherwise, a testing order must be served personally. Affidavit of service 8(2) A person serving an expedited testing order and notice of objection must file an affidavit of service in the Provincial Court showing the exact time the documents were served no later than the next business day after the documents were served. Registering objections to testing order 9 A source individual, or a person acting on behalf of a source individual, may register an objection to an expedited testing order within 24 hours after the order is served, or by a later deadline specified in the notice of objection, by one of the following methods: (a) by telephoning the number contained in the notice of objection and giving his or her name and phone number. In the case of a person registering an objection by telephone after regular business hours, the person must specify that he or she is registering an objection to a specified testing order and give the time that the call is made; (b) by appearing in person at an office of the Provincial Court and indicating to court staff that he or she objects to the order. Physician's report requirements 10 For the purposes of clause 12(3)⁠(d) of the Act, a physician's report must be signed and dated by the physician and must include the following information: (a) the name, office address and telephone number of the physician; (b) the name of the applicant; (c) a description of the occurrence that led to the application being made, as told to the physician; (d) the physician's findings of examinations related to the occurrence, including an assessment of any injuries sustained by the applicant; (e) the applicant's immunization history and serostatus for the communicable diseases, if known; (f) a description of all baseline testing for the communicable diseases ordered by the physician. Coming into force 11 This regulation comes into force on the same day that The Testing of Bodily Fluids and Disclosure Act , S.M. 2008 c. 19 comes into force. SCHEDULE (Section 6)