OAR 333-022-0305
Occupational and Health Care Setting Exposures: Petition for Mandatory Testing of Source Persons

(1)

If a worker has complied with the process established in OAR 333-022-0300 (Occupational and Health Care Setting Exposures: Procedures for Requesting a Source Person Consent to an HIV Test Following an Occupational Exposure) and a source person has refused to consent to an HIV test or has failed to obtain a test within the time period established in that rule, the worker may petition the circuit court for the county in which the exposure occurred and seek a court order for mandatory testing in accordance with ORS 433.080 (When test may be required).

(2)

The form for the petition shall be as prescribed by the Division and shall be obtained from the LPHA.

(3)

The petition shall name the source person as the respondent and shall include a short and plain statement of facts alleging:

(a)

The petitioner is a worker subjected to an occupational exposure and the respondent is the source person;

(b)

The petitioner meets the definition of worker in ORS 433.060 (Definitions for ORS 433.060 to 433.080);

(c)

All procedures for obtaining the respondent’s consent to an HIV test as described in OAR 333-022-0300 (Occupational and Health Care Setting Exposures: Procedures for Requesting a Source Person Consent to an HIV Test Following an Occupational Exposure) have been exhausted by the petitioner and the respondent has refused to consent to the test, or within the time period prescribed in OAR 333-022-0300 (Occupational and Health Care Setting Exposures: Procedures for Requesting a Source Person Consent to an HIV Test Following an Occupational Exposure) has failed to submit to the test;

(d)

The petitioner has no knowledge that he or she has a history of a positive HIV test and has since the occupational exposure submitted a specimen for an HIV test to a laboratory certified to perform testing on human specimens under the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578,42 U.S.C. 201 and 263(a))(CLIA).; and

(e)

The injury that petitioner is suffering or will suffer if the source person is not ordered to submit to an HIV test.

(4)

The petition shall be accompanied by the certificate of the LPHA declaring that, based upon information in the possession of the administrator, the facts stated in the allegations under subsections (3)(a), (b) and (c) of this rule are true.

(5)

A LPHA must provide the petitioner a certificate as described in section (4) of this rule and must appear at any court hearing on the petition in accordance with ORS 433.080 (When test may be required)(7).

(6)

The court is required to hold a hearing on the petition in accordance with ORS 433.080 (When test may be required).

Source: Rule 333-022-0305 — Occupational and Health Care Setting Exposures: Petition for Mandatory Testing of Source Persons, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-022-0305.

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 333-022-0305’s source at or​.us