ORS 676.551
Needlestick injury
- blood draw of patient
- test results
- rules
(1)
As used in this section:(a)
“Health care practitioner” means a person who provides medical care in an emergency setting and who is:(A)
An emergency medical services provider licensed under ORS chapter 682;(B)
A physician licensed under ORS chapter 677; or(C)
A nurse licensed under ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.410 (Fees).(b)
“Needlestick injury” means a wound caused by a needle puncturing the skin.(2)
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.(3)
A blood draw described in subsection (2) of this section may be performed if:(a)
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;(b)
There is no other person immediately available who is able to consent on behalf of the patient; and(c)
The health care practitioner will benefit medically from knowing the results of a test described under subsection (2) of this section.(4)
A test performed under this section must be anonymous.(5)
The patient, or patient’s legal guardian, must be informed of the blood draw and the test results.(6)
The results of a test described in subsection (2) of this section may not be:(a)
Made available to law enforcement agencies;(b)
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(c)
Included in the medical record of the health care practitioner or the patient.(7)
The patient, or the patient’s health insurer, may not be charged for the cost of performing a test under this section.(8)
The Oregon Health Authority may adopt rules to carry out this section. [2019 c.476 §1]
Source:
Section 676.551 — Needlestick injury; blood draw of patient; test results; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors676.html.
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