ORS 431A.570
Significant exposure to bodily fluids

  • petition to compel testing
  • confidentiality of results

(1)

As used in this section:

(a)

“Communicable disease” has the meaning given that term in ORS 431A.005 (Definitions).

(b)

“Good faith effort to obtain the voluntary consent of the source person” includes a good faith effort to locate or contact the source person.

(c)

“Significant exposure” means direct contact with blood, bodily fluids or other potentially infectious materials of a person, and the contact is capable of transmitting a communicable disease.

(2)

Notwithstanding any other provision of law, an employee of the Department of Corrections, a law enforcement officer as defined in ORS 414.805 (Liability of individual for medical services received while in custody of law enforcement officer), a parole and probation officer as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689), a corrections officer as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689), an emergency medical services provider as defined in ORS 682.025 (Definitions), a licensed health care provider as defined in ORS 433.060 (Definitions for ORS 433.060 to 433.080) or a firefighter who, in the performance of the person’s official duties, comes into contact with the blood, bodily fluid or other potentially infectious material of another person may petition the circuit court for an order compelling the testing of the source person for a communicable disease, provided that the person making the petition has first made a good faith effort to obtain the voluntary consent of the source person to be tested for a communicable disease.

(3)

A petition submitted under this section must:

(a)

Set forth the facts and circumstances of the contact with the source person and the reasons the petitioner and a medically trained person representing the petitioner, if available, believe the contact with the source person constitutes significant exposure and that testing is appropriate;

(b)

If a medically trained person is not available to represent the petitioner, include the reason for the unavailability;

(c)

Include information sufficient to identify the source person and the location of the source person, if known; and

(d)

Include a statement by the petitioner attesting to having made a good faith effort to obtain the voluntary consent of the source person to be tested for a communicable disease.

(4)

The circuit court shall hold an ex parte hearing in person, by telephone or by other appropriate means no later than three judicial days after receiving a petition under this section. Upon a finding that the requirements of subsection (3) of this section have been met and a showing that the circumstances create probable cause to conclude that the petitioner’s contact with the source person constitutes significant exposure, the court shall order the testing of the source person. The court shall issue the order no later than four judicial days after receiving a petition under this section.

(5)

If the circuit court orders a test under subsection (4) of this section:

(a)

The order shall direct the source person to allow a test to be performed by a licensed health care provider, without delay, for a communicable disease that may be transmitted by the type of contact that occurred and may specify the date by which the test must be completed. If the source person is in custody or otherwise subject to the legal control of another person, the order may be directed to the agency with custody of, or the other person with legal control over, the source person. The order may direct the agency or other person to provide the source person with a copy of the order. The order may contain any directions necessary to ensure that the test is performed.

(b)

The petitioner shall designate a physician, physician assistant or nurse practitioner to receive the results of the test on behalf of the petitioner.

(c)

The order must inform the source person, or the agency with custody of or other person with legal control over the source person, of:

(A)

The physician, physician assistant or nurse practitioner who is to receive the results of the test on behalf of the petitioner; and

(B)

How to obtain payment for costs under subsection (8) of this section.

(d)

The order must be served on the source person, or the agency with custody of or other person with legal control over the source person, in the manner directed by the court. The court may provide for service of the order by any means appropriate to the circumstances of the source person, including directing the petitioner or the sheriff to serve the order. The costs associated with serving the order must be paid as provided under subsection (8) of this section.

(e)

The order is enforceable through the contempt powers of the court.

(6)

The results of a test ordered under this section:

(a)

Are confidential and not subject to public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department); and

(b)

May be made available only to the physician, physician assistant or nurse practitioner designated by the petitioner to receive the results of the test, the Oregon Health Authority and the source person.

(7)

Blood, bodily fluids or other potentially infectious materials taken from a source person for the purpose of performing a test under this section:

(a)

May not be used for a civil or criminal investigation or as evidence in civil or criminal proceeding; and

(b)

May be retained only as long as necessary to confirm the results of a test performed under this section.

(8)

A charge or filing fee may not be imposed for the filing of a petition under this section. The cost of any testing ordered under this section shall be the responsibility of the employer of the petitioner. [2017 c.696 §1; 2021 c.102 §1]

Source: Section 431A.570 — Significant exposure to bodily fluids; petition to compel testing; confidentiality of results, https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html.

431A.005
Definitions
431A.010
Power of Oregon Health Authority and local public health administrators to enforce public health laws
431A.015
Authority of Public Health Director to take public health actions
431A.020
Rules
431A.050
Oregon Health Authority to develop comprehensive emergency medical services and trauma system
431A.055
State Trauma Advisory Board
431A.060
Designation of trauma areas
431A.065
Oregon Health Authority to adopt rules for trauma system hospitals
431A.070
Area trauma advisory boards
431A.075
Liability of provider
431A.080
Duties of Oregon Health Authority related to trauma
431A.085
Emergency Medical Services and Trauma Systems Program created in Oregon Health Authority
431A.090
Designation of other trauma centers
431A.095
Reporting of certain patients
431A.100
Release of information from Oregon Trauma Registry
431A.105
Emergency Medical Services for Children Program
431A.125
Oregon Health Authority powers
431A.150
Smoking cessation program reimbursement
431A.153
Tobacco Use Reduction Account
431A.155
Oregon Health Authority to adopt rules for awarding grants
431A.158
Oregon Health Authority to prepare report
431A.175
Definitions
431A.178
Civil penalty for violation of ORS 431A.175, other law, rule or regulation governing tobacco products or inhalant delivery systems
431A.183
Agreements to enforce regulation of tobacco products and inhalant delivery systems
431A.190
Definitions for ORS 431A.190 to 431A.216
431A.192
Purpose
431A.194
Licensure requirement
431A.196
Exempted premises
431A.198
Licensure
431A.200
Proof of licensure
431A.202
Revocation, suspension, refusal to issue or renew
431A.204
Seizure and forfeiture of contraband products
431A.206
Suspense account for administration and enforcement
431A.208
Rules
431A.210
Fees
431A.212
Intergovernmental agreements
431A.214
Suspense account for fee money transfers
431A.216
Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems
431A.218
Local regulation
431A.220
Continuity
431A.250
Short title
431A.253
Definitions
431A.255
List of high priority chemicals of concern in children’s products
431A.258
Disclosure by manufacturers
431A.260
Requirement to remove or substitute high priority chemicals of concern
431A.263
Process for substituting chemicals
431A.265
Process for waiving requirement to remove or substitute chemicals
431A.268
Exemption from requirement to remove or substitute chemicals
431A.270
Testing for compliance
431A.273
Participation in Interstate Chemicals Clearinghouse
431A.275
Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263
431A.278
High Priority Chemicals of Concern for Children’s Health Fund
431A.280
Biennial report to Legislative Assembly
431A.300
Definitions
431A.303
Legislative findings
431A.305
Aversive agent required
431A.308
Toxic household products required to comply with aversive agent requirement
431A.310
Limitation on liability
431A.313
Poison Prevention Task Force
431A.315
Efficacy and toxicity data to be made available to task force
431A.318
Reports to Legislative Assembly
431A.320
Enforcement by civil action
431A.323
Prohibited conduct
431A.325
Civil penalty for violation of ORS 431A.300 to 431A.325
431A.350
Lead poisoning
431A.353
Definitions
431A.355
Power of Oregon Health Authority to regulate lead-based paint activities and renovation
431A.358
Performance of lead-based paint activities and renovation without certification prohibited
431A.360
Lead poisoning prevention clearinghouse for schools
431A.363
Civil penalty for violation of ORS 431A.355 or 431A.358
431A.365
Costs imposed pursuant to ORS 431A.363
431A.400
Healthy Homes Program
431A.402
Healthy Homes Repair Fund
431A.410
Grants for clean air programs
431A.412
Department of Human Services as lead state agency for clean air shelter operations
431A.415
Oregon Health Authority grants for purchase of smoke filtration devices
431A.417
Reporting on smoke filtration device grants
431A.450
Automated external defibrillators required at health clubs
431A.455
Automated external defibrillators required at places of public assembly
431A.460
Legislative findings
431A.463
Prohibition on requiring prior authorization of payment for substance use disorder treatment
431A.475
Oregon Health Authority duties
431A.500
Spinal Cord Injury Research Board
431A.505
Duties of board
431A.510
Spinal Cord Injury Research Fund
431A.525
Stroke Care Committee
431A.530
Oregon Health Authority duties
431A.550
Facilities to provide notice
431A.560
Educational materials about breast reconstruction
431A.570
Significant exposure to bodily fluids
431A.575
Oregon Health Authority to provide pamphlets
431A.600
Oregon Health Authority to conduct prevention and education activities
431A.625
Oregon Health Authority to establish services and programs
431A.650
Alzheimer’s Disease Research Fund
431A.655
Control of fund
431A.675
Maternal Mental Health Patient and Provider Education Program
431A.680
Dissemination of informational materials
431A.685
Funding
431A.700
Oregon Health Authority to disseminate information
431A.725
Qualifying schools
431A.750
Examinations by state laboratory
431A.775
Definitions
431A.780
Recombinant DNA research to comply with federal guidelines
431A.850
Definitions
431A.855
Establishment of program
431A.860
Duty of pharmacy to report to program
431A.865
Disclosure of information
431A.866
Prescribing practices
431A.867
Agreement for use of program information
431A.869
Sharing and use of program information with other states
431A.870
Duty of pharmacist to fill prescription
431A.875
Reports to health professional regulatory boards
431A.877
Duty to register
431A.880
Licensing information
431A.890
Prescription Monitoring Program Advisory Commission
431A.895
Term
431A.896
Prescription Monitoring Program Prescribing Practices Review Subcommittee
431A.898
Practitioner training
431A.900
Civil penalty for violation of ORS 431A.855 to 431A.900
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