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 (accessed May 26, 2025).

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

May 26, 2025

Rule 333-022-0205's source at or​.us