Mandatory Testing and Disclosure (Bodily Substances) Regulations, M-2.1 Reg 1

1 MANDATORY TESTING AND DISCLOSURE (BODILY SUBSTANCES) M-2.1 REG 1 The Mandatory Testing and Disclosure (Bodily Substances) Regulations being Chapter M-2.1 Reg 1 (effective October 17, 2005) as amended by Saskatchewan Regulations 53/2010 and 86/2025. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 MANDATORY TESTING AND DISCLOSURE M-2.1 REG 1 (BODILY SUBSTANCES) Table of Contents 1 Title 8.1 Optional consent form for voluntary testing 2 Interpretation 9 Coming into force 3 Prescribed communicable diseases Appendix 4 Qualified analyst Form A Physician's Report The Mandatory Testing and 5 Qualified health professional Disclosure (Bodily Substances) Act 5.1 Prescribed functions Form B Consent to Share Test Results (Non-Minor) 6 Application for testing order Form C Consent to Share Test Results (Minor) 7 Qualified physician 8 Content of physician’s report 3 MANDATORY TESTING AND DISCLOSURE (BODILY SUBSTANCES) M-2.1 REG 1 CHAPTER M-2.1 REG 1 The Mandatory Testing and Disclosure (Bodily Substances) Act Title 1 These regulations may be cited as The Mandatory Testing and Disclosure (Bodily Substances) Regulations. Interpretation 2 In these regulations, “Act” means The Mandatory Testing and Disclosure (Bodily Substances) Act. 14 Oct 2005 cM-2.1 Reg 1 s2. Prescribed communicable diseases 3 For the purposes of the Act, the following diseases are prescribed as communicable diseases: (a) human immunodeficiency virus infection; (b) hepatitis B; (c) hepatitis C. 14 Oct 2005 cM-2.1 Reg 1 s3. Qualified analyst 4 For the purposes of clause 2(n) of the Act, if a person is qualified to conduct an analysis respecting blood pursuant to The Medical Laboratory Licensing Regulations, 1995, the person is deemed to hold the qualification to conduct that same type of analysis pursuant to the Act. 14 Oct 2005 cM-2.1 Reg 1 s4. Qualified health professional 5 For the purposes clause 2(o) of the Act, the following are prescribed health professions: (a) medical laboratory technologists; (b) physicians; (c) registered nurses; (d) certified combined laboratory and x-ray technicians; (e) phlebotomists working under the direction or supervision of a member of a profession mentioned in clauses (a) to (d). 14 Oct 2005 cM-2.1 Reg 1 s5. 4 MANDATORY TESTING AND DISCLOSURE M-2.1 REG 1 (BODILY SUBSTANCES) Prescribed functions 5.1 For the purposes of subclause 3(1)(a)(iii) of the Act, the following are prescribed as functions respecting which an individual may apply to the court for a testing order: (a) policing services provided by a member of a police service as defined in The Police Act, 1990 or by a member of the Royal Canadian Mounted Police as defined in the Royal Canadian Mounted Police Act (Canada); (b) services provided by a paramedic, emergency medical technician or emergency medical responder pursuant to The Paramedics Act in the course of performing his or her duties; (c) services provided by a firefighter to a fire department as defined in The Fire Prevention Act, 1992; (d) correctional services as defined in The Correctional Services Act provided by: (A) an employee or volunteer of a correctional facility within the meaning of The Correctional Services Act; or (B) a probation officer as defined in The Correctional Services Act; (e) youth justice services as defined in The Youth Justice Administration Act provided by a youth worker as defined in The Youth Justice Administration Act. 21 May 2010 SR 53/2010 s2. Application for testing order 6 In addition to a physician’s report and a statement setting out the circumstances in which the applicant came into contact with a bodily substance of the source individual, an application for a testing order must include: (a) the name of the source individual; (b) a statement of the circumstances in which the source individual was requested to provide a voluntary test but refused; and (c) a statement setting out the reason why the information to be obtained by the proposed testing cannot reasonably be obtained in any other manner. 14 Oct 2005 cM-2.1 Reg 1 s6. Qualified physician 7 For the purposes of clause 4(1)(a) of the Act, a physician must be a duly qualified medical practitioner. 14 Oct 2005 cM-2.1 Reg 1 s7. 5 MANDATORY TESTING AND DISCLOSURE (BODILY SUBSTANCES) M-2.1 REG 1 Content of physician’s report 8(1) For the purposes of subsection 4(1) of the Act, a physician’s report must be in Form A and include all the information requested by that form. (2) Form A is prescribed as the form in which physician’s reports must be submitted for the purposes of the Act and these regulations. 14 Oct 2005 cM-2.1 Reg 1 s8. Optional consent form for voluntary testing 8.1(1) For the purposes of the Act, a source individual may provide consent to be voluntarily tested: (a) in Form B if the source individual is not a minor; and (b) in Form C if the source individual is a minor. (2) If a source individual provides consent to be voluntarily tested in Form B or C, as the case may be, a medical health officer shall, as soon as possible after receiving the results of an analysis, make reasonable efforts to provide a copy of the results to: (a) the individual who provided consent to be voluntarily tested; and (b) the individual exposed to the bodily substance of the source individual. (3) The use of Form B or C, as the case may be, to obtain the consent of a source individual is not mandatory, and the failure to use Form B or C does not invalidate the consent of the source individual to be voluntarily tested. 7 Nov 2025 SR 86/2025 s3. Coming into force 9(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Mandatory Testing and Disclosure (Bodily Substances) Act comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Mandatory Testing and Disclosure (Bodily Substances) Act comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 14 Oct 2005 cM-2.1 Reg 1 s2. 6 MANDATORY TESTING AND DISCLOSURE M-2.1 REG 1 (BODILY SUBSTANCES) Appendix FORM A [Section 8] Physician’s Report under The Mandatory Testing and Disclosure (Bodily Substances) Act Patient Name: __________________________________ HSN: ________________________________ Patient Date of Birth: __________ __________ __________ Sex: M F MM DD YYYY 1. Circumstances of contact: The applicant came into contact with a bodily substance of the source individual in the following circumstances (must include date, time, the particular bodily substance involved and what part of the applicant was exposed - use the back of this form if necessary): ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ 2. Assessment of risk to the applicant: As a result of the applicant’s contact with a bodily substance of the source individual, my clinical assessment of the risk of disease transmission to the applicant of a prescribed communicable disease is as follows (please be specific regarding the prescribed communicable disease(s) in question - use the back of this form if necessary): ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ 3. Necessity of testing order: In my view, a test of the bodily substances of the source individual is necessary to decrease or eliminate the risk to the health of the applicant resulting from the contact: Yes No (Use the back of this form to elaborate if necessary) 4. Susceptibility of the applicant to a prescribed communicable disease: Has baseline testing of the applicant for the prescribed communicable disease(s) in question been conducted? Yes No If no, has baseline testing been requested? Yes No This Form Completed by: __________________________________________ __________ __________ __________ Reporting Physician Day Month Year 14 Oct 2005 cM-2.1 Reg 1. 7 MANDATORY TESTING AND DISCLOSURE (BODILY SUBSTANCES) M-2.1 REG 1 FORM B [Section 8.1] Consent to Share Test Results (Non-Minor) TO: SASKATCHEWAN HEALTH AUTHORITY Name of clinic (if applicable): ____________________________________________________ I, _____________________________________________________________________________ (name of source individual) of _____________________________________________________________________________ (address) do hereby freely and voluntarily consent to: (a) the taking of my blood sample by a qualified health professional; (b) the testing of my blood sample to screen for Hepatitis B, Hepatitis C and HIV (Human Immunodeficiency Virus Infection); and (c) the sharing of my test results, which include whether I am positive or negative for Hepatitis B, Hepatitis C and HIV (Human Immunodeficiency Virus Infection), by providing a copy of the results to ___________________________________________________________________________ (name of individual exposed to bodily substance of source individual) ___________________________________________________________________________ (member rank, initials and badge number – if applicable) marked “Personal and Confidential” at the following physical address or email address: ___________________________________________________________________________ I understand that the reason for this screening is that ___________________________________________________________________________ (name of individual exposed to bodily substance of source individual) ___________________________________________________________________________ (member rank, initials and badge number – if applicable) has been exposed to my blood or bodily fluid. I further understand that the results of my blood tests will be used to assist in the assessment of risks to the health of that exposed individual and may influence treatment recommendations for that exposed individual. I also understand that if I test positive for Hepatitis B, Hepatitis C or HIV (Human Immunodeficiency Virus Infection), my physician or other staff of the Saskatchewan Health Authority may need to notify other contacts in a manner that does not identify me. Dated at _______________________________________________________, Saskatchewan, (City/Town/First Nation) this __________ day of ____________________, 20 __________. (day) (month) (year) 8 MANDATORY TESTING AND DISCLOSURE M-2.1 REG 1 (BODILY SUBSTANCES) NOTE: Names below signatures should be printed and legible. ____________________________________ ___________________________________ Signature of source individual Signature of witness ____________________________________ ___________________________________ Print name of source individual Print name of witness NOTICE: This consent form, the taking of a blood sample from the source individual, the testing of that blood sample, and the sharing of the results of that test with the individual named above, is an alternative to the involuntary process under The Mandatory Testing and Disclosure (Bodily Substances) Act. 7 Nov 2025 SR 86/2025 s4. _______________________ FORM C [Section 8.1] Consent to Share Test Results (Minor) TO: SASKATCHEWAN HEALTH AUTHORITY Name of clinic (if applicable): ____________________________________________________ I, ___________________________________________________________ parent/guardian of (name of parent/guardian) _______________________________________________________________________________ (name of minor) of _____________________________________________________________________________ (address) do hereby freely and voluntarily consent to: (a) the taking of a blood sample from ________________________________________ (name of minor) by a qualified health professional; (b) the testing of a blood sample from _______________________________________ (name of minor) to screen for Hepatitis B, Hepatitis C and HIV (Human Immunodeficiency Virus Infection); and (c) the sharing of test results belonging to __________________________________ , (name of minor) which include whether ______________________________________________________ (name of minor) is positive or negative for Hepatitis B, Hepatitis C and HIV (Human Immunodeficiency Virus Infection), by providing a copy of the results to ___________________________________________________________________________ (name of individual exposed to bodily substance of source individual) ___________________________________________________________________________ (member rank, initials and badge number – if applicable) 9 MANDATORY TESTING AND DISCLOSURE (BODILY SUBSTANCES) M-2.1 REG 1 marked “Personal and Confidential” at the following physical address or email address: ___________________________________________________________________________ I understand that the reason for this screening is that ___________________________________________________________________________ (name of individual exposed to bodily substance of source individual) ___________________________________________________________________________ (member rank, initials and badge number – if applicable) has been exposed to the blood or bodily fluid of ___________________________________ . (name of minor) I further understand that the blood test results of _________________________________ (name of minor) will be used to assist in the assessment of risks to the health of that exposed individual and may influence treatment recommendations for that exposed individual. I also understand that if ________________________________________ tests positive for (name of minor) Hepatitis B, Hepatitis C or HIV (Human Immunodeficiency Virus Infection), the physician for _________________________________________________or other staff of the (name of minor) Saskatchewan Health Authority may need to notify other contacts in a manner that does not identify ______________________________________________________________ . (name of minor) Dated at _______________________________________________________, Saskatchewan, (City/Town/First Nation) this __________ day of ____________________, 20 __________. (day) (month) (year) NOTE: Names below signatures should be printed and legible. ____________________________________ ___________________________________ Signature of parent/guardian Signature of witness ____________________________________ ___________________________________ Print name of parent/guardian Print name of witness NOTICE: This consent form, the taking of a blood sample from the source individual, the testing of that blood sample, and the sharing of the results of that test with the individual named above, is an alternative to the involuntary process under The Mandatory Testing and Disclosure (Bodily Substances) Act. 7 Nov 2025 SR 86/2025 s4. 10 MANDATORY TESTING AND DISCLOSURE M-2.1 REG 1 (BODILY SUBSTANCES) REGINA, SASKATCHEWAN PrINTEd by THE AuTHorITy of THE KING’S PrINTEr Copyright©2025