ORS 676.260¹
Health care provider notification of blood alcohol level
  • content of notice

(1) If a health care provider who is providing medical care in a health care facility immediately after a motor vehicle accident to a person reasonably believed to be the operator of a motor vehicle involved in the accident, becomes aware, as a result of any blood test performed in the course of that treatment, that the person’s blood alcohol level meets or exceeds the percent specified in ORS 813.010 (Driving under the influence of intoxicants), the health care provider must notify any law enforcement officer who is at the health care facility and is acting in an official capacity in relation to the motor vehicle accident. If no law enforcement officer is present in an official capacity at the health care facility, the health care facility must notify a law enforcement agency in the county in which the accident occurred, or an Oregon State Police dispatch center, as soon as possible but no more than 72 hours after becoming aware of the results of the blood test.

(2) The notice shall consist of the name of the person being treated, the blood alcohol level disclosed by the test and the date and time of the administration of the test.

(3) Nothing contained in ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) affects the requirement to provide notice imposed by this section, and the health care provider shall not be considered to have breached any duty under ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) owed to the person about whom the notice is made. [1995 c.546 §1; 2003 c.89 §2; 2007 c.662 §1]

Note: 676.260 (Health care provider notification of blood alcohol level) and 676.280 (Immunity of person participating in report pursuant to ORS 676.260) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapters 676 to 681 or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

1 Legislative Counsel Committee, CHAPTER 676—Health Professions Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors676.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information