ontario regulation 146/25

made under the

Mandatory Blood Testing Act, 2006

Made: June 27, 2025
Filed: June 30, 2025
Published on e-Laws: July 2, 2025
Published in The Ontario Gazette: July 19, 2025

Amending O. Reg. 449/07

(GENERAL)

1. The definition of “reporting physician” in subsection 1 (2) of Ontario Regulation 449/07 is revoked.

2. Section 2 of the Regulation is amended by striking out “physician” and substituting “physician or nurse practitioner”.

3. (1) Clause 4 (1) (b) of the Regulation is revoked and the following substituted:

(b)  a physician report or nurse practitioner report, as required by section 6.

(2) Subsection 4 (6) of the Regulation is amended by striking out “the physician report” and substituting “the physician report or nurse practitioner report”.

4. (1) Clause 5 (1) (d) of the Regulation is revoked and the following substituted:

(d)  the name, office address, office telephone number, office fax number, if applicable, and office e-mail address, if applicable, of the applicant’s family physician or nurse practitioner, if different from the reporting physician or nurse practitioner;

(2) Clause 5 (1) (e) of the Regulation is amended by striking out “the reporting physician” at the end and substituting “the reporting physician or nurse practitioner”.

(3) Clause 5 (1) (g) of the Regulation is amended by striking out “the reporting physician” at the end and substituting “the reporting physician or nurse practitioner”.

5. Section 6 of the Regulation is revoked and the following substituted:

Physician report or nurse practitioner report — contents

6. (1) A physician report or nurse practitioner report must include,

(a)  the name, office address, office telephone number, office fax number, if applicable, and office e-mail address, if applicable, of the reporting physician or nurse practitioner;

(b)  the applicant’s name, address, telephone number, OHIP number, age and date of birth;

(c)  the name, office address, office telephone number, office fax number, if applicable, and office e-mail address, if applicable, of the applicant’s family physician or nurse practitioner, if different from the reporting physician or nurse practitioner;

(d)  a description of the occurrence, including the date and time of the occurrence;

(e)  a statement regarding the type of exposure the applicant experienced and the type of bodily substance with which the applicant had contact;

(f)  the reporting physician’s or nurse practitioner’s findings of examinations related to the occurrence, including an assessment of any injuries sustained by the applicant;

(g)  the applicant’s immunization history and serostatus for the listed communicable diseases, if known;

(h)  a description of all base line testing for the listed communicable diseases ordered by the reporting physician or nurse practitioner and, if the applicant refused any such base line testing, a description of the base line testing that the applicant refused;

(i)  a description of all prophylaxis and treatment recommended by the reporting physician or nurse practitioner, including a statement regarding whether the applicant refused any such prophylaxis or treatment;

(j)  a statement that the applicant consented to counselling respecting the occurrence, including counselling respecting prophylaxis and treatment;

(k)  the name, office address, office telephone number, office fax number, if applicable, and office e-mail address, if applicable, of the physicians or nurse practitioners to whom the reporting physician or nurse practitioner referred the applicant for prophylaxis, treatment and follow-up, if applicable; and

(l)  the reporting physician’s or nurse practitioner’s assessment of the applicant’s risk of exposure to the listed communicable diseases as potentially significant, non-significant or indeterminate.

(2) A physician report must be signed and dated by the reporting physician.

(3) A nurse practitioner report must be signed and dated by the reporting nurse practitioner.

(4) A reporting physician or nurse practitioner shall order base line testing of the applicant for all of the listed communicable diseases; however, a reporting physician or nurse practitioner is not required to order base line testing for a listed communicable disease if the reporting physician or nurse practitioner has other evidence, satisfactory to the reporting physician or nurse practitioner, of the applicant’s seropositivity respecting that disease.

6. Clause 8 (1) (b) of the Regulation is revoked and the following substituted:

(b)  disclose the details of the occurrence, as described in the applicant report and in the physician or nurse practitioner report, to the respondent without disclosing the applicant’s personal information; and

7. (1) Clause 9 (a) of the Regulation is amended by striking out “physician or person” and substituting “physician, nurse practitioner or person”.

(2) Clause 9 (c) of the Regulation is amended by striking out “physician or other person” and substituting “physician, nurse practitioner or other person”.

8. (1) Subsection 14 (1) of the Regulation is amended by striking out “physician or other person” in the portion before paragraph 1 and substituting “physician, nurse practitioner or other person”.

(2) Subsection 14 (2) of the Regulation is revoked and the following substituted:

(2) Despite anything in an order made under section 5 of the Act, if verification is not provided as required under subsection (1) or if the physician, nurse practitioner or other person is not satisfied that the person who is presenting themselves to have a blood sample taken is the respondent, the physician, nurse practitioner or other person,

(a)  shall not take the blood sample;

(b)  shall indicate on the laboratory requisition that they did not take the blood sample and the reason for not doing so; and

(c)  shall provide notice to the medical officer of health in the health unit for the area where the respondent lives that the blood sample was not taken.

9. (1) Subsection 15 (1) of the Regulation is amended by striking out “physician or other person” in the portion before clause (a) and substituting “physician, nurse practitioner or other person”.

(2) Subsection 15 (2) of the Regulation is amended by striking out  “physician or other person” and substituting “physician, nurse practitioner or other person”.

10. (1) Subsection 17 (3) of the Regulation is revoked and the following substituted:

(3) If the blood sample was provided pursuant to a request made under section 3 of the Act, the analyst shall,

(a)  deliver the report on the results of the analysis to the medical officer of health in the health unit for the area where the respondent lives;

(b)  make reasonable attempts to deliver the report on the results of the analysis to the respondent’s physician or nurse practitioner, if requested by the respondent; and

(c)  if the respondent requested that the report on the results of the analysis be delivered to their physician or nurse practitioner, make reasonable attempts to deliver to the respondent,

(i)  a notice that the analyst delivered the report on the results of the analysis to the respondent’s physician or nurse practitioner or made reasonable attempts to do so, and

(ii)  a recommendation that the respondent consult their physician or nurse practitioner for a proper interpretation of the results of the analysis.

(2) Subsection 17 (5) of the Regulation is revoked and the following substituted:

(5) Upon receipt of the report under clause (3) (a), the medical officer of health shall,

(a)  make reasonable attempts to deliver the report to the applicant’s physician or nurse practitioner; and

(b)  make reasonable attempts to deliver to the applicant,

(i)  a notice that the medical officer of health delivered the report on the results of the analysis to the applicant’s physician or nurse practitioner or made reasonable attempts to do so, and

(ii)  a recommendation that the applicant consult their physician or nurse practitioner for a proper interpretation of the results of the analysis. 

Commencement

11. This Regulation comes into force on the later of the day section 1 of Schedule 5 to the More Convenient Care Act, 2025 comes into force and the day this Regulation is filed.

Made by:
Pris par :

La ministre de la Santé,

Sylvia Jones

Minister of Health

Date made: June 27, 2025
Pris le : 27 juin 2025