OAR 333-022-0205
HIV Testing, Notification, Right to Decline


(1)

Pursuant to ORS 433.045 (Notice of HIV test required), a health care provider or the provider’s designee shall, before subjecting an individual to an HIV test:

(a)

Notify the individual being tested; and

(b)

Allow the individual being tested the opportunity to decline the test.

(2)

A health care provider or the provider’s designee may provide an individual notice and the opportunity to decline testing verbally or in writing, including providing the notice and the opportunity to decline in a general medical consent form.

(3)

Whenever an insurer, insurance producer or insurance-support organization asks an applicant for insurance to take an HIV test in connection with an application for insurance, the insurer, insurance producer or insurance-support organization must reveal the use of the test to the applicant and obtain the written consent of the applicant. The consent form must disclose the purpose of the test and to whom the results may be disclosed.

(4)

Anyone other than those listed in sections (1) through (3) of this rule who wishes to subject an individual to an HIV test must reveal the use of the test to the individual and obtain written consent of the individual for the HIV test.

(5)

If an individual is deceased, next of kin may consent to an HIV test pursuant to ORS 433.075 (Responsibility for cost of test).

(6)

If an individual is incapable of consenting to an HIV test, the individual’s personal representative may consent on the individual’s behalf.

Source: Rule 333-022-0205 — HIV Testing, Notification, Right to Decline, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-022-0205.

333–022–0200
HIV Testing and Confidentiality: Definitions
333–022–0205
HIV Testing, Notification, Right to Decline
333–022–0210
Confidentiality
333–022–0300
Occupational and Health Care Setting Exposures: Procedures for Requesting a Source Person Consent to an HIV Test Following an Occupational Exposure
333–022–0305
Occupational and Health Care Setting Exposures: Petition for Mandatory Testing of Source Persons
333–022–0310
Occupational and Health Care Setting Exposures: Substantial Exposure While Being Administered Health Care
333–022–0315
Occupational and Health Care Setting Exposures: Employer Program for Prevention, Education and Testing
333–022–1000
CareAssist: Purpose and Description of Program
333–022–1010
CareAssist: Definitions
333–022–1020
CareAssist: Eligibility
333–022–1030
CareAssist: Application Process
333–022–1040
CareAssist: Review of Applications
333–022–1050
CareAssist: Approval or Denial of Application
333–022–1060
CareAssist: Group 1 and 2 Benefits
333–022–1070
CareAssist: Prescriptions
333–022–1080
CareAssist: Payments and Cost Coverage
333–022–1090
CareAssist: Client Eligibility Review
333–022–1100
CareAssist: Client Reporting Requirements
333–022–1120
CareAssist: Restricted Status
333–022–1130
CareAssist: Incarcerated Applicants or Clients
333–022–1140
CareAssist: Bridge Program
333–022–1145
CareAssist: Uninsured Persons Program
333–022–1147
CareAssist: Dental Benefits
333–022–1150
CareAssist: Client Rights
333–022–1160
CareAssist: Termination from CAREAssist
333–022–1170
CareAssist: Hearings
333–022–2000
HIV Case Management: Purpose
333–022–2010
HIV Case Management: Definitions
333–022–2020
HIV Case Management: Eligibility
333–022–2030
HIV Case Management: Enrollment Process
333–022–2040
HIV Case Management: Approval or Denial of Enrollment
333–022–2050
HIV Case Management: Determination of Service Needs
333–022–2060
HIV Case Management: Client Rights
333–022–2070
HIV Case Management: Client Responsibilities
333–022–2080
HIV Case Management: Supportive Services
333–022–2090
HIV Case Management: Client Enrollment Review
333–022–2100
HIV Case Management: Incarcerated Applicants or Clients
333–022–2110
HIV Case Management: Termination
333–022–2120
HIV Case Management: Hearings
333–022–3000
Oregon Housing Opportunity in Partnership Program
Last Updated

Jun. 8, 2021

Rule 333-022-0205’s source at or​.us