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B.C. Reg. 33/2013
O.C. 36/2013
Deposited January 31, 2013
effective March 2, 2013
This consolidation is current to April 7, 2020.

Emergency Intervention Disclosure Act

Emergency Intervention Disclosure
Regulation

Contents
1Definitions
2Prescribed diseases or conditions
3Qualified analysts
4Individuals who may apply for testing order
5Prescribed health facilities
6Notice of intention
7Application for testing order
8Prescribed information
9Report of results of sample analysis
10Service
11When confidential information may be disclosed
12Costs
Schedule

Definitions

1   In this regulation "Act" means the Emergency Intervention Disclosure Act.

Prescribed diseases or conditions

2   The following are prescribed as communicable diseases for the purposes of the Act:

(a) hepatitis B;

(b) hepatitis C;

(c) human immunodeficiency virus / acquired immunodeficiency syndrome (HIV/AIDS).

Qualified analysts

3   A person is a qualified analyst for the purposes of the Act if the person is a physician providing medical laboratory services for the British Columbia Centre for Disease Control.

Individuals who may apply for testing order

4   An individual may make an application under section 3 (1) (c) of the Act if the individual has reason to believe that he or she is the victim of an alleged offence under the Criminal Code and has reported the matter to a law enforcement agency.

Prescribed health facilities

5   The following facilities operated by regional health boards and the Provincial Health Services Authority are prescribed health facilities for the purposes of sections 5 and 6 of the Act:

(a) facilities for specimen collection;

(b) laboratories.

Notice of intention

6   An individual who intends to apply for a testing order in respect of another individual must provide to the other individual, by personal service, a notice of intention in the form set out in the schedule.

Application for testing order

7   An application for a testing order must

(a) be made using the application form set out in the schedule, and

(b) include a physician's report that includes the information set out in the schedule under the heading "Physician's Report".

Prescribed information

8   The information set out in the schedule under the heading "Information Accompanying Testing Order" is prescribed for the purposes of sections 5 (2) (c), 6 (a) and 7 (d) of the Act.

Report of results of sample analysis

9   The source individual is the prescribed person for the purposes of section 7 (d) (ii) (B) of the Act.

Service

10   (1) The method of service prescribed for the purposes of section 12 (1) of the Act is personal service.

(2) For the purposes of section 12 (2) of the Act, if the person to be served or notified is a minor, the person's guardian may instead be served or notified.

When confidential information may be disclosed

11   (1) Subject to subsection (2), test results may be disclosed as follows:

(a) to the Workers Compensation Board for the purposes of section 6.2 of the Workers Compensation Act;

(b) to a person authorized under section 3 (2) (e) of the E-Health (Personal Health Information Access and Protection of Privacy) Act to collect personal health information into the Provincial Laboratory Information Solution Repository established as a health information bank under that Act.

(2) Disclosure under subsection (1) (a) must not include disclosure of any information that would identify the source individual from whom the test results derive.

Costs

12   The government is responsible for the following costs related to a testing order:

(a) costs of taking samples from source individuals;

(b) costs of testing and analyzing samples;

(c) costs of communicating test results under the Act.

Schedule

Notice of Intention Form

(section 6)

Notice of Intention to Seek a Court Order for Mandatory Testing under
the Emergency Intervention Disclosure Act

The Emergency Intervention Disclosure Act permits an individual (referred to as the "exposed individual"), in any of the following circumstances, to apply to the Provincial Court of British Columbia for an order to have another individual (the "source individual") tested for hepatitis B, hepatitis C or HIV if the exposed individual has come into contact with a bodily substance of the source individual

• while providing emergency health services,

• while performing their duties as a firefighter, emergency medical assistant or peace officer,

• when the exposed individual is the victim of an alleged offence under the Criminal Code and has reported the matter to a law enforcement agency.

The purpose of the testing order is to provide information to the exposed individual about the health status of the source individual, which may assist the exposed individual and/or his or her physician in managing the consequences of the exposure.

This notice is being given to the source individual named below because the exposed individual identified below is intending to apply to the Provincial Court of British Columbia for an order to have the source individual tested for hepatitis B, hepatitis C and HIV. The exposed individual is seeking to have the source individual tested for these diseases because the exposed individual recently came into contact with a bodily substance of the source individual in a circumstance set out under the Emergency Intervention Disclosure Act.

The source individual can avoid being the subject of the proposed court action for a testing order by agreeing to be voluntarily tested and providing the test results to the exposed individual's physician.

Additional information about this notice and how to be voluntarily tested are contained below.

To be Completed by the Exposed Individual

This Notice is Given to:

Name of Source Individual

------------------------------------------------------------------------------------------------------------------------

Source Individual's Address

------------------------------------------------------------------------------------------------------------------------

Exposed Individual Who is Giving this Notice:

Name

------------------------------------------------------------------------------------------------------------------------

Date and Circumstances of Exposure:

------------------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------------------

Physician of the Exposed Individual:

Name of Physician

------------------------------------------------------------------------------------------------------------------------

Address

------------------------------------------------------------------------------------------------------------------------

Phone Number

------------------------------------------------------------

Fax Number

------------------------------------------------------------

Email Address

------------------------------------------------------------

About the Notice of Intention Form

The exposed individual named in this notice believes that he or she has been exposed, in one of the circumstances covered by the Emergency Intervention Disclosure Act, to a bodily substance of the source individual named in this notice. In order to determine whether potential exposure to hepatitis B, hepatitis C or HIV has occurred as a result of this bodily substance exposure, the exposed individual is seeking to have the source individual tested for these diseases.

The Emergency Intervention Disclosure Act provides that an exposed individual who intends to apply for a testing order from the court must first provide notice of that intention to the source individual. The notice provides the source individual the opportunity to be tested voluntarily for hepatitis B, hepatitis C and HIV, and to provide the results voluntarily to the exposed individual's physician, without the need to go to court. The exposed individual may not apply to the court for a testing order until at least 3 days have expired since the date the exposed individual provided notice to the source individual.

Please note that if the matter goes to court, the court may grant a testing order if it is satisfied that the criteria in the Act are met. A source individual who does not comply with a testing order from the court may be subject to a fine of up to $10 000 for each day that the non-compliance continues.

Confidentiality Requirements

The Emergency Intervention Disclosure Act provides for the privacy and confidentiality of all medical and personal information records related to this legislation for both the source individual and the exposed individual. The Act also provides for substantial penalties to be levied upon any individual who contravenes the confidentiality requirements of this legislation. These penalties include a fine of up to $10 000 for an individual, and $25 000 for a corporation, who contravenes the confidentiality provisions of the legislation. In addition, if such an offence continues for more than one day, separate fines may be imposed for each day the offence continues.

Actions to be Undertaken by the Source Individual Being Served this Notice of Intention

If the source individual named in this notice agrees to be voluntarily tested and thereby avoid becoming the subject of a court action for a testing order, the source individual should undertake the following actions:

1. Sign the Notice of Intention form in the space indicated and return the form by email, fax or in person to the physician of the exposed individual named on the Notice of Intention.

2. Obtain orders from a physician to have blood tests for hepatitis B, hepatitis C and HIV. At the same time, provide a copy of this signed Notice of Intention form to your physician giving consent to communicate the test results to the physician of the exposed individual.

3. Attend a laboratory or other health facility to have a blood sample taken and tested.

4. By signing this form, the source individual consents to have the test results communicated to the physician of the exposed individual and for that physician to communicate the test results to his/her patient (the exposed individual).

5. If the source individual is a minor, the guardian of the minor should instead sign this form in the space indicated below.

6. Steps 1, 2, 3, 4 and 5 above should be undertaken within 3 days of this Notice of Intention being served. After 3 days the Emergency Intervention Disclosure Act provides that the exposed individual may apply to the court for a testing order.

Consent for Voluntary Testing – to be Completed by the Source Individual

I hereby consent to attend a laboratory or other health facility within 3 days of this notice being served to have a blood sample taken.

I consent to have the sample that is taken tested for hepatitis B, hepatitis C and HIV.

I consent to have the test results communicated to the physician of the exposed individual identified above and for that physician to communicate the test results to the exposed individual identified above.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Signature of Named Source IndividualDate        
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Name and Signature of GuardianDate        

APPLICATION TO OBTAIN A TESTING ORDER

(section 7 (a) )

Court File No. ..............................

Court Location ..............................

In the Provincial Court of British Columbia

In the case between:

.....................................................................[name of Applicant].....................................................................

and

.....................................................................[name of Respondent]..................................................................


Filed by:

Name .................................................................................. Date of birth ........................... (APPLICANT)

Address for service....................................................................................................... City ........................

Province .................... Postal Code ................................. Phone ................................... Fax ........................

Notice to:

Name ....................................................................................Date of birth ...................... (RESPONDENT)

Address for service ....................................................................................................... City ........................

Province .................... Postal Code ................................. Phone ................................... Fax ........................


I am applying for a testing order requiring the Respondent named above to have a sample of bodily fluid taken and tested for a pathogen that causes a prescribed disease, as provided for under section 3 of the Emergency Intervention Disclosure Act.


The date and circumstances of the exposure are:

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................
[Attach additional sheet if more space required.]

Attached to this application is the physician's report as required under section 3 (3) (a) of the Emergency Intervention Disclosure Act.

Dated ......[mmm/dd/yyyy]......Signature of Applicant..............................................

Serving the Application for a Testing Order on the Respondent

Under section 3 (3) (d) of the Emergency Intervention Disclosure Act, the application for a testing order must be served on the source individual (Respondent) at least 4 days before the court hears the application.

To be completed by the court before this Application is served on the Respondent:
Date of Court Hearing: ...................................................................................
Time: ................................... a.m./p.m. (or as soon after this time as the court schedule allows)
Court Location: ...............................................................................................

Physician's Report

(section 7 (b) )

Information Accompanying Testing Order

(section 8)

About the Testing Order

The Emergency Intervention Disclosure Act permits individuals (referred to as the "exposed individual") in any of the following circumstances to apply to the court for an order to have another person tested for hepatitis B, hepatitis C or HIV if they have come into contact with a bodily substance of that other person (the "source individual"):

• while providing emergency health services,

• while performing their duties as a firefighter, emergency medical assistant or peace officer,

• when the exposed individual is the victim of an alleged offence under the Criminal Code and has reported the matter to a law enforcement agency.

The purpose of the testing order is to provide information to the applicant (exposed individual) about the health status of the source individual, which may assist the applicant and/or their physician in managing the consequences of the exposure.

Under authority of that Act, the Provincial Court of British Columbia has issued the accompanying testing order. It requires the individual named in the order (source individual) to be tested for the specified diseases. It also requires the health facility identified in the order to take from the source individual a sample of the bodily fluid specified in the order so that the sample can be tested.

Confidentiality Requirements

The Emergency Intervention Disclosure Act provides that a person must not disclose any information concerning either the applicant for a testing order (exposed individual) or the source individual if the information comes to the person's attention in the course of carrying out responsibilities under this Act or as a result of obtaining a testing order. A person may, however, disclose such information in the course of carrying out duties imposed under the Act. As well, information may be disclosed in the course of a consultation between qualified health professionals.

The Act provides for a fine of up to $10 000 for an individual, and up to $25 000 for a corporation, who contravenes the confidentiality requirements of this legislation. If the offence continues for more than one day, separate fines may be imposed for each day the offence continues.

For additional information on the confidentiality requirements, including additional circumstances where information disclosure is permitted, please refer to section 9 of the Emergency Intervention Disclosure Act and section 11 of the Emergency Intervention Disclosure Regulation.

Information for the Applicant (Exposed Individual) who has Obtained a Testing Order

If you are the person who applied for the testing order, you must serve the order in person, or arrange to have it served in person, on both the source individual and the health facility identified in the order within the time period specified in the order. At the same time, you must also serve the source individual and the health facility each with a copy of this information sheet.

If the source individual is a minor, you should serve the testing order and a copy of this information sheet on the source individual's guardian instead of the minor.

Your physician will provide you with the test results once they are available.

You must treat all information concerning the source individual, including the test results, as confidential in accordance with the confidentiality requirements of the Emergency Intervention Disclosure Act.

Information for the Source Individual who has Been Served with a Testing Order

If you are the person who is required to be tested for the specified diseases, you must attend the health facility identified in the testing order, within the time period specified in the order, to have the specified type of bodily fluid taken for testing. As part of the testing, you will be provided with the option of whether to have your test results for HIV reported to a medical health officer.

Your test results will be recorded in the province's laboratory information system, as is the case for all British Columbians' lab test results.  You have the right to apply a disclosure directive to your electronic health record, allowing you to choose which health care providers can access your results.

You are not required to pay for the cost of taking and analyzing the sample, or the cost of communicating the test results to you.

Your physician will provide you with the test results once they are available. You should provide the name of your physician to the health facility when the bodily fluid sample is taken. If you do not have a physician, the testing lab will send the results directly to you.

You must treat all information concerning the applicant (exposed individual) as confidential in accordance with the confidentiality requirements of the Emergency Intervention Disclosure Act. The applicant is also required to treat your information, including your test results, as confidential.

If you do not comply with the testing order, the Emergency Intervention Disclosure Act provides fines of up to $10 000, upon conviction, for each day that the contravention continues.

If you have been served with the testing order as the guardian of a minor, you must take all reasonable steps to ensure that the minor complies with the order.

You have the right to appeal the court's decision relating to the testing order to the Supreme Court of British Columbia.

Information for the Heath Facility Identified in the Testing Order

When the source individual named in the testing order comes to the identified health facility for testing, the health facility must ensure that a sample of the bodily fluid identified in the order is taken.

The health facility must then deliver the sample to the British Columbia Centre for Disease Control to have the sample analyzed for the specified diseases. At the same time, the health facility must provide this laboratory with a copy of the following:

• the testing order;

• this information sheet.

Information for the Qualified Analyst who Analyzes the Sample

A qualified analyst is a physician providing medical laboratory services for the British Columbia Centre for Disease Control.

The qualified analyst who receives the source individual's bodily fluid sample from a health facility must conduct an analysis of the sample for the pathogens that cause the specified diseases. The qualified analyst must ensure that

• the sample is not used for any purpose other than the analysis required under the testing order,

• the sample is not released or accessible to anyone other than a person who is carrying out the analysis required by the testing order on behalf of the qualified analyst, and

• the results of the analysis are not disclosed except in accordance with the Emergency Intervention Disclosure Act or the Public Health Act.

When the analysis is complete, the qualified analyst must promptly provide a written report of the results to the applicant's (exposed individual's) physician and to the source individual's physician. If the source individual's physician is not known, the written report must be provided to the source individual. At the same time, the qualified analyst must provide the physicians (and source individual, if applicable) with a copy of the following:

• the testing order;

• this information sheet.

Information for Physicians Providing the Test Results

As soon as reasonably possible after receiving the test results from the qualified analyst, the applicant's physician must notify the applicant (exposed individual) of the test results, and the source individual's physician must notify the source individual of the test results.

If the applicant or the source individual is a minor, the physician may notify that person's guardian of the test results.

[Provisions relevant to the enactment of this regulation: Emergency Intervention Disclosure Act, S.B.C. 2012, c. 19, sections 14 and 16]