Oregon Revised Statutes Chapter 433 § 433.065 — Procedures for HIV testing; rules

Procedures for HIV testing; rules. (1) The Oregon Health Authority shall by rule prescribe procedures: (a) Whereby a worker who has experienced an occupational exposure may request or cause to be requested the source person’s voluntary consent to an HIV test; (b) Whereby a person who, while being administered health care, has experienced a substantial exposure from a worker shall be given notice of such exposure and be given opportunity to request or cause to be requested the worker’s voluntary consent to an HIV test; and (c) Whereby a person who has experienced a substantial exposure shall be offered information about HIV infection, methods of preventing HIV infection and HIV tests. (2) Rules prescribing procedures under subsection (1)(a) of this section may require the participation or intervention of the health care facility and licensed health care provider providing care to the source person and may require the further participation or intervention of the local public health administrator or local public health officer. (3) Where the source person under subsection (1)(a) of this section is not known to be under the care of a health care facility or provider or cannot be located, and in the case of procedures under subsection (2) of this section, the rules may require the participation and intervention of the local public health administrator. (4) The rules under this section may also include, but need not be limited to, time frames within which the notice and other procedures are to be performed and by whom, prescribed forms for reporting of exposures, and for recording of results of procedures undertaken and restrictions upon disclosure of such reports and records only to specific persons. (5) If the source person is deceased, the source person’s next of kin may provide voluntary consent under this section. [1989 c.878 §2; 2009 c.595 §636; 2012 c.26 §3]