jswizzle3737/ontario_laws_and_regs huggingface dataset:
Diseases prescribed
2. For the purposes of subsections 22.1 (2) and (4) of the Act, Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS), Hepatitis B and Hepatitis C are prescribed as communicable diseases. O. Reg. 166/03, s. 2.
Role of the medical officer of health
3. (1) Nothing in this Regulation creates a physician-patient relationship or other relationship of trust between a medical officer of health and an applicant. O. Reg. 166/03, s. 3 (1). (2) Nothing in this Regulation creates a physician-patient relationship or other relationship of trust between a medical officer of health and a respondent. O. Reg. 166/03, s. 3 (2). (3) The medical officer of health may seek legal advice from an advisor independent from the applicant and the respondent for the purpose of determining an application. O. Reg. 166/03, s. 3 (3).
Application
4. (1) An application must be received by the office of the medical officer of health in the appropriate health unit no more than seven days after the occurrence. O. Reg. 166/03, s. 4 (1). (2) An application received more than seven days after the occurrence is invalid. O. Reg. 166/03, s. 4 (2). (3) In the event of conflicting information about the date of the occurrence, the medical officer of health shall determine the date of the occurrence based on the information provided in the physician report. O. Reg. 166/03, s. 4 (3). (4) Where the office of a medical officer of health receives an application, the office shall set out in writing the date and time the application was received by the office. O. Reg. 166/03, s. 4 (4). (5) A medical officer of health may request and receive further information from any person before determining an application if, in the opinion of the medical officer of health, it is appropriate to do so. O. Reg. 166/03, s. 4 (5). (6) Where an application is received by the office of a medical officer of health in a health unit other than the appropriate health unit, the office that receives the application shall forward the application to the office of the medical officer of health in the appropriate health unit. O. Reg. 166/03, s. 4 (6). (7) Where an application is forwarded to the office of the medical officer of health in the appropriate health unit pursuant to this section, the application is deemed received by the office of the medical officer of health in the appropriate health unit on the day it was received by the office of the medical officer of health that forwarded the application. O. Reg. 166/03, s. 4 (7). (8) The Chief Medical Officer of Health may, if in the opinion of the Chief Medical Officer of Health it is appropriate to do so, direct the medical officer of health in the appropriate health unit who receives the application to transfer the application to a medical officer of health in a health unit other than the appropriate health unit, and shall notify the receiving medical officer of health of the transfer of the application. O. Reg. 375/03, s. 2. (9) The Chief Medical Officer of Health may provide a direction under subsection (8) without providing reasons for his or her decision. O. Reg. 375/03, s. 2. (10) The medical officer of health who receives an application under the direction of the Chief Medical Officer of Health shall determine the application in accordance with the Act and this Regulation. O. Reg. 375/03, s. 2.
Base line testing
5. (1) The reporting physician shall order base line testing for the prescribed communicable diseases and the applicant must attend at a laboratory forthwith to have a blood sample taken and tested for the prescribed communicable diseases. O. Reg. 166/03, s. 5 (1). (2) The medical officer of health may consider and determine an application before receiving the applicant’s base line testing results. O. Reg. 166/03, s. 5 (2). (3) It is the responsibility of the applicant to ensure that a valid copy of his or her base line testing results is received by the office of the medical officer of health in the appropriate health unit no more than five days after the applicant receives the results. O. Reg. 166/03, s. 5 (3). (4) The medical officer of health shall determine the application as soon as practicable after the applicant’s base line testing results become available. O. Reg. 166/03, s. 5 (4). (5) When determining an application, the medical officer of health shall consider the applicant’s base line testing results if those results are available. O. Reg. 166/03, s. 5 (5). (6) If the medical officer of health makes an order but subsequently receives the applicant’s base line testing results which indicate that the applicant is positive for one or more of the prescribed communicable diseases, the medical officer of health shall rescind the order as a whole or any parts of the order that are no longer valid or shall make a new order if appropriate. O. Reg. 166/03, s. 5 (6).
Mandatory conditions
7. (1) An applicant must meet each of the following mandatory conditions in making an application under section 22.1 of the Act: 1. The application must be received by the office of the medical officer of health no more than seven days after the occurrence. 2. The Applicant Report must be sworn or affirmed to by the applicant. 3. The Applicant Report must include the name and address of the respondent. 4. The Applicant Report must state that the applicant has provided his or her consent permitting the release of his or her personal health information relating to the application to the medical officer to health and to any other person that the medical officer of health considers necessary for the purposes of the application. 5. Where an application is brought under subclause 22.1 (2) (a) (i) of the Act, the Applicant Report must state that, i. the applicant has made a report to police, and ii. the applicant has provided his or her consent permitting the medical officer of health to request any information that the medical officer of health considers necessary from local police authorities respecting the applicant’s report to police. 6. The applicant must consent to examination, counselling, including counselling respecting recommended prophylaxis or treatment, and base line testing for the prescribed communicable diseases recommended by the reporting physician. However, while the applicant must consent to counselling respecting prophylaxis or treatment, if the applicant refuses to consent to prophylaxis or treatment, his or her application may still be considered. O. Reg. 166/03, s. 7 (1). (2) Where an applicant fails to meet one or more of the conditions listed in this section, the application is not valid and shall be dismissed by the medical officer of health. O. Reg. 166/03, s. 7 (2). (3) Where the medical officer of health dismisses an application, the medical officer of health shall make a written dismissal. O. Reg. 166/03, s. 7 (3). (4) A dismissal made pursuant to section 22.1 of the Act shall include, (a) the reasons for the dismissal; and (b) a statement that under subsection 22.1 (9) of the Act and this Regulation, the applicant may appeal the dismissal to the Chief Medical Officer of Health by filing a completed Form AP1 — Notice of Appeal of Dismissal or Refusal with the office of the Chief Medical Officer of Health within five days of the deemed receipt of the dismissal pursuant to subsection (6). O. Reg. 166/03, s. 7 (4). (5) Where the medical officer of health dismisses an application, he or she shall send a copy of the dismissal to the applicant by registered mail no more than two days after the dismissal is made. O. Reg. 166/03, s. 7 (5). (6) The applicant shall be deemed to have received a dismissal sent by registered mail on the fifth day after the dismissal is mailed. O. Reg. 166/03, s. 7 (6).
Receiving information
8. (1) Whether or not a hearing is held under subsection 22.1 (5) of the Act, the medical officer of health may at any time receive and consider any information from any person for the purposes of determining an application. O. Reg. 166/03, s. 8 (1). (2) Where the medical officer of health receives and considers information for the purpose of determining an application, the medical officer of health must retain a written record of that information. O. Reg. 166/03, s. 8 (2). (3) The medical officer of health shall determine whether or not to share information he or she receives for the purposes of an application with the applicant and the respondent. O. Reg. 166/03, s. 8 (3). (4) The medical officer of health shall not share information he or she receives for the purposes of an application with the applicant and not with the respondent. O. Reg. 166/03, s. 8 (4). (5) The medical officer of health shall not share information he or she receives for the purposes of an application with the respondent and not with the applicant. O. Reg. 166/03, s. 8 (5).
Where no hearing held
9. (1) This section applies where the medical officer of health receives an application and determines that a hearing is not necessary under subsection 22.1 (5) of the Act. O. Reg. 166/03, s. 9 (1). (2) Where a hearing is not held under subsection 22.1 (5) of the Act, the medical officer of health may at any time receive and consider any information from any person for the purposes of determining an application. O. Reg. 166/03, s. 9 (2). (3) Despite subsections 8 (4) and (5), where a hearing is not held under subsection 22.1 (5) of the Act, the medical officer of health may share information he or she receives for the purposes of an application with the applicant and not with the respondent. O. Reg. 166/03, s. 9 (3). (4) Upon determining that a hearing is not necessary under subsection 22.1 (5) of the Act, the medical officer of health shall proceed to consider and determine the application without notice to the respondent. O. Reg. 166/03, s. 9 (4).
Where order refused
12. (1) Where the medical officer of health refuses to make an order pursuant to section 22.1 of the Act, the medical officer of health shall make a written refusal. O. Reg. 166/03, s. 12 (1). (2) A refusal made pursuant to section 22.1 of the Act shall include, (a) reasons for the decision; and (b) a statement that under subsection 22.1 (9) of the Act and this Regulation, the applicant may appeal the refusal to the Chief Medical Officer of Health by personally serving the respondent with a completed Form AP1 and filing the Form AP1, with proof of personal service of the form on the respondent, with the office of the Chief Medical Officer of Health within five days of the deemed receipt of the refusal pursuant to subsection (4). O. Reg. 166/03, s. 12 (2). (3) Where the medical officer of health makes a refusal, the medical officer of health shall send a copy of the refusal to the applicant by registered mail no more than two days after the refusal is made. O. Reg. 166/03, s. 12 (3). (4) The applicant shall be deemed to have received a refusal sent by registered mail on the fifth day after the refusal is mailed. O. Reg. 166/03, s. 12 (4).
Use of blood samples and test results
14. (1) This section applies to blood samples taken from a respondent in accordance with an order made pursuant to section 22.1 of the Act. O. Reg. 166/03, s. 14 (1). (2) Blood samples taken from a respondent shall not be used for any purpose other than for analysis and reporting of results in accordance with section 22.1 of the Act and this Regulation. O. Reg. 166/03, s. 14 (2). (3) Blood samples taken from a respondent shall not be released to any person except in accordance with section 22.1 of the Act and this Regulation. O. Reg. 166/03, s. 14 (3). (4) The results of the analysis of blood samples taken from a respondent shall not be released or disclosed to any person except in accordance with section 22.1 of the Act and this Regulation. O. Reg. 166/03, s. 14 (4). (5) The results of the analysis of blood samples taken from a respondent shall not be used for any purpose other than for analysis and reporting of results in accordance with section 22.1 of the Act and this Regulation. O. Reg. 166/03, s. 14 (5).