Health Professions Generally

ORS 676.260
Health care facility notification of blood alcohol level or presence of cannabis or controlled substance in blood

  • content of notice


A health care facility that provides medical care immediately after a motor vehicle accident to a person reasonably believed to be the operator of a motor vehicle involved in the accident shall notify any law enforcement officer who is at the health care facility and is acting in an official capacity in relation to the motor vehicle accident if the health care facility becomes aware, as a result of any blood test performed in the course of that treatment, that:


The person’s blood alcohol level meets or exceeds the percent specified in ORS 813.010 (Driving under the influence of intoxicants);


The person’s blood contains cannabis; or


The person’s blood contains a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).


If a health care facility is required to notify a law enforcement officer of test results under subsection (1) of this section and no law enforcement officer is present in an official capacity at the health care facility, the health care facility shall notify a law enforcement agency in the county in which the accident occurred, or an Oregon State Police dispatch center, as soon as possible but no more than 72 hours after becoming aware of the results of the blood test.


A notice required under this section must consist of:


The name of the person being treated;


The blood alcohol level, the blood cannabis level and name and level of any controlled substance disclosed by the test; and


The date and time of the administration of the test.


ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) do not affect the requirement to provide notice imposed by this section, and the health care facility shall not be considered to have breached any duty under ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) owed to the person about whom the notice is made. [1995 c.546 §1; 2003 c.89 §2; 2007 c.662 §1; 2011 c.672 §1; 2017 c.21 §67]


Last accessed
Jun. 26, 2021