OAR 333-022-0210
Confidentiality

(1)

General. Pursuant to ORS 433.045 (Notice of HIV test required), a person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV test is performed or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state, or these rules, or as authorized by the individual who is tested. The prohibitions on disclosure do not apply to an individual acting in a private capacity and not in an employment, occupational or professional capacity.

(2)

Disclosure to or for a tested individual. The results of an HIV test may be disclosed to:

(a)

The tested individual;

(b)

The health care provider or licensed health care facility or person ordering the test; and

(c)

Any individual to whom the tested individual has authorized disclosure.

(3)

Medical records. When a health care provider or licensed health care facility obtains HIV test results of an individual, the test results may be entered into the routine medical record of that individual maintained by that health care provider or licensed health care facility. The information in the record may be disclosed in a manner consistent with ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) and the Health Information Portability and Accountability Act (HIPAA) regulations, 45 CFR 160 to 164.

(4)

Public health purposes.

(a)

Anyone may report the identity and HIV-related test result of an individual to the local public health authority or Division for public health purposes.

(b)

The Division or local public health authority may inform an individual who has had a substantial exposure to HIV of that exposure if the Division or local public health authority determines that there is clear and convincing evidence that disclosure is necessary to avoid an immediate danger to the individual or to the public.

(c)

The Division or local public health authority may disclose the identity of an individual with an HIV-positive test to a health care provider for the purpose of referring or facilitating treatment for HIV infection.

(d)

The Division or local public health authority may only disclose the minimum amount of information necessary to carry out the purposes of the disclosure.

(5)

Anatomical donations. The identity of a HIV tested individual and that individual’s HIV test results may be released to a health care provider or licensed health care facility to the minimum extent necessary to make medical decisions concerning organ or tissue transplants.

(6)

Nothing in this rule is intended to limit the extent to which a licensed health care facility or health care provider can use or disclose HIV related health information in accordance with other state and federal laws.

Source: Rule 333-022-0210 — Confidentiality, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-022-0210.

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 333-022-0210’s source at or​.us