2011 Oregon Revised Statutes
ORS Volume 11, Chapters 431 - 470
ORS Chapter 433
433.075 Informed consent required; confidentiality.
(1) The informed consent provisions of ORS 433.045 (1) and (2) apply to any request for consent to an HIV test under rules adopted pursuant to ORS 433.065.
(2) When a source person is deceased, consent for voluntary informed consent under ORS 433.065 shall be from the next of kin.
(3) When an HIV test is performed pursuant to ORS 433.080 or rules adopted under ORS 433.065, the exposed person requesting the test, or the exposed person s employer in the case of an occupational exposure, shall be responsible for the cost of the testing.
(4) Where an employer provides a program of prevention, education and testing for HIV exposures for its employees, the employee to be tested under the provisions of this Act shall comply with the procedures provided by such program. Such program must be approved by the Oregon Health Authority.
(5) When an HIV test is performed pursuant to ORS 433.080 or rules adopted under ORS 433.065, the results shall be reported confidentially to the person who suffered the substantial exposure giving rise to the test.
(6) The confidentiality provisions of ORS 433.045 (3) apply to any person who receives an HIV test result pursuant to ORS 433.080 or rules adopted under ORS 433.065. Any person who complies with the requirements of this subsection shall not be subject to an action for damages. [1989 c.878 4; 2009 c.595 637]
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