2011 ORS § 433.075¹
Informed consent required
  • confidentiality

(1) The informed consent provisions of ORS 433.045 (Consent to HIV test required) (1) and (2) apply to any request for consent to an HIV test under rules adopted pursuant to ORS 433.065 (Procedures for HIV testing).

(2) When a source person is deceased, consent for voluntary informed consent under ORS 433.065 (Procedures for HIV testing) shall be from the next of kin.

(3) When an HIV test is performed pursuant to ORS 433.080 (When test may be required) or rules adopted under ORS 433.065 (Procedures for HIV testing), the exposed person requesting the test, or the exposed persons employer in the case of an occupational exposure, shall be responsible for the cost of the testing.

(4) Where an employer provides a program of prevention, education and testing for HIV exposures for its employees, the employee to be tested under the provisions of this Act shall comply with the procedures provided by such program. Such program must be approved by the Oregon Health Authority.

(5) When an HIV test is performed pursuant to ORS 433.080 (When test may be required) or rules adopted under ORS 433.065 (Procedures for HIV testing), the results shall be reported confidentially to the person who suffered the substantial exposure giving rise to the test.

(6) The confidentiality provisions of ORS 433.045 (Consent to HIV test required) (3) apply to any person who receives an HIV test result pursuant to ORS 433.080 (When test may be required) or rules adopted under ORS 433.065 (Procedures for HIV testing). Any person who complies with the requirements of this subsection shall not be subject to an action for damages. [1989 c.878 §4; 2009 c.595 §637]