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News (Media Awareness Project) - CN SN: New Law Gives Powers To Force Disease Tests
Title:CN SN: New Law Gives Powers To Force Disease Tests
Published On:2005-04-20
Source:Regina Leader-Post (CN SN)
Fetched On:2008-08-20 12:08:28
NEW LAW GIVES POWERS TO FORCE DISEASE TESTS

Three years ago, Const. Angela Desjarlais of the Regina Police Service was
bitten by a prostitute while making an arrest. The bite was strong enough
to puncture her skin, leaving her wondering whether she'd been infected by
a disease, given the offender was an intravenous drug user.

"This occurred a month before I was to be married," she said. "Dreams of
having a child were put on hold for a whole year because I had to have HIV
tests every three months for a year. It devastates everybody."

Thankfully, tests were negative, but Desjarlais said she has extra reason
to be happy that new legislation in Saskatchewan helps protect emergency
workers against similar attacks.

The Mandatory Testing and Disclosure (Bodily Substances) Act, which
underwent a second reading Tuesday, would allow officials to demand bodily
fluid tests of suspects whenever a victim of crime or emergency service
worker is at risk of infection.

Under the legislation, a court order could be issued if the suspect refuses
to provide a sample and a physician rules there is a risk of transmission.

The person has three days to apply to the Court of Queen's Bench from the
incident date before the court decides whether an order is warranted.

Moose Jaw Police Chief and president of the Saskatchewan Association of
Chiefs of Police Terry Coleman said the most common scenarios facing
emergency workers include spitting, biting and being stuck with needles.

"There's a lot of stress for the individual worker and of course for their
family," he said.

"Never mind they may or may not have contracted some disease, it's the
stress of not knowing. This (legislation) will overcome this."

Executive director for AIDS Programs South Saskatchewan Chris Smith said
the legislation is needed, but isn't perfect. She said with HIV there is a
window of six weeks up to three months where the virus can go undetected.

"So there still is that window period that people are going to have to wait
for and be uncertain about while people get tested," she said.

Smith said she was also concerned about the privacy of those tested, but
Justice Minister Frank Quennell said no one being tested will have their
name made public.
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