Health Professions Generally

ORS 676.551
Needlestick injury

  • blood draw of patient
  • test results
  • rules


As used in this section:


“Health care practitioner” means a person who provides medical care in an emergency setting and who is:


An emergency medical services provider licensed under ORS chapter 682;


A physician licensed under ORS chapter 677; or


A nurse licensed under ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.410 (Fees).


“Needlestick injury” means a wound caused by a needle puncturing the skin.


Notwithstanding ORS 431A.570 (Significant exposure to bodily fluids), a health care practitioner who receives a needlestick injury during the treatment of a patient who is unconscious or otherwise unable to consent may, in compliance with this section, perform a blood draw on the patient for the purpose of testing the blood to determine whether the health care practitioner needs to begin immediate post-exposure prophylactic treatment that may include the administration of medications to the health care practitioner.


A blood draw described in subsection (2) of this section may be performed if:


The patient is not expected to regain consciousness or the ability to consent in the amount of time necessary for the health care practitioner to receive appropriate medical treatment;


There is no other person immediately available who is able to consent on behalf of the patient; and


The health care practitioner will benefit medically from knowing the results of a test described under subsection (2) of this section.


A test performed under this section must be anonymous.


The patient, or patient’s legal guardian, must be informed of the blood draw and the test results.


The results of a test described in subsection (2) of this section may not be:


Made available to law enforcement agencies;


Made available to any person other than the health care practitioner, the individual who performs the test and the patient or the patient’s legal guardian; or


Included in the medical record of the health care practitioner or the patient.


The patient, or the patient’s health insurer, may not be charged for the cost of performing a test under this section.


The Oregon Health Authority may adopt rules to carry out this section. [2019 c.476 §1]


Last accessed
Jun. 26, 2021