What is the Mandatory Blood Testing Act?
The Mandatory Blood Testing Act (MBTA) allows eligible persons (the “Applicant”) to apply (within 7 days after being exposed) to the Medical Officer of Health to have a blood sample of another person whose bodily substance they have come into contact with (the “Respondent”) tested for HIV, hepatitis B, and hepatitis C. This reduces the time it takes to get results and allows individuals to make informed decisions about treatment that help to prevent them from getting sick.
Who does the MBTA apply to?
The MBTA applies to persons in any of the following circumstances:
- As a result of being the victim of a crime.
- While providing emergency health care services or emergency first aid to the person, if the person was ill, injured or unconscious as a result of an accident or other emergency.
- In the course of his or her duties, if the person belongs to the following groups:
- Persons working in a correctional institution, in a place of open custody, or place of secure custody;
- Police officers, employees of a police force who are not police officers, First Nations Constables, and auxiliary members of a police force;
- Firefighters;
- Paramedics and emergency medical attendants;
- Paramedic students in field training;
- Members of the College of Nurses of Ontario;
- Nursing students engaged in training;
- Members of the College of Physicians and Surgeons of Ontario;
- Medical students engaged in training; and
- Special constables who are not employees of a police force.
How do I make an application under the MBTA?
- While seeking out medical attention, inform the health care provider that you would like to apply for the Mandatory Blood Testing Act. The physician will need to fill out Form 1 – Physician Report Pursuant to the Mandatory Blood Testing Act, 2006. The Mandatory Blood Testing Act is only enforced when the respondent does not comply.
- You, the applicant, will need to fill out Form 2 – Applicant Report Pursuant to the Mandatory Blood Testing Act, 2006.
- Once both are filled out, the two forms must be submitted together to the Health Unit where you live within 7 days of being exposed. For those living in Windsor-Essex County, you can either fax or deliver the forms to the Windsor-Essex County Health Unit Infectious Disease Prevention Department at the below contact information.
Janet Hill, Infection Control Practitioner, Infectious Disease Prevention Department
1005 Ouellette Avenue, Windsor, Ontario, N9A 4J8
Fax: 226-783-2132 - Your application will be reviewed and the Health Unit will contact you regarding your application.
If you have further questions about the MBTA, please call 519-258-2146, extension 1420, to speak to a Public Health Nurse.
Forms
- Mandatory Blood Testing Act Forms
- Workplace Safety and Insurance Board (WSIB) forms
- Reporting Workplace Incidents and Illnesses
References
- (2014). APIC text of infection control and epidemiology. Washington, D.C.: Association for Professionals in infection Control and Epidemiology
- Ontario. (2009). Mandatory blood testing act, 2006, S.O. 2006, c.26. Retrieved from https://www.ontario.ca/laws/statute/06m26.
- Ontario Hospital Association & Ontario Medical Association. (2016). Blood-borne diseases surveillance protocol for Ontario hospitals.