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. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
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
1 These regulations may be cited as the Mandatory Testing and Disclosure Regulations.
2 (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.
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).
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.
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.]
First name: _______________
Middle name _____________
Date of birth (year/month/day): _____________________
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 _____