Bill Text: OR SB1507 | 2012 | Regular Session | Enrolled
Bill Title: Relating to HIV testing; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2012-03-13 - Effective date, March 5, 2012. [SB1507 Detail]
Download: Oregon-2012-SB1507-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1507
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Health Care, Human Services and Rural Health Policy)
CHAPTER ................
AN ACT
Relating to HIV testing; amending ORS 109.610, 433.045, 433.055,
433.065, 433.075 and 433.085; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 433.045 is amended to read:
433.045. { + (1) As used in this section:
(a) 'Health care provider' means an individual licensed by a
health professional regulatory board, as that term is defined in
ORS 676.160.
(b) 'HIV test' means a test of an individual for the presence
of HIV, or for antibodies or antigens that result from HIV
infection, or for any other substance specifically indicating
infection with HIV.
(c) 'Insurance producer' has the meaning given that term in ORS
746.600.
(d) 'Insurance-support organization' has the meaning given that
term in ORS 746.600.
(e) 'Insurer' has the meaning given that term in ORS
731.106. + }
{ - (1) - } { + (2) + } Except as provided in
{ - subsection (6) of this section and - } ORS 433.017, 433.055
(3) and 433.080, { - no person shall subject the blood of an
individual to an HIV test without first obtaining informed
consent as described in subsection (2) or (7) of this section - }
{ + a health care provider or the provider's designee shall,
before subjecting an individual to an HIV test:
(a) Notify the individual being tested; and
(b) Allow the individual being tested the opportunity to
decline the test + }.
{ - (2) A physician licensed under ORS chapter 677 shall
comply with the requirement of subsection (1) of this section
through the procedure in ORS 677.097. Any other licensed health
care provider or facility shall comply with the requirement of
subsection (1) of this section through a procedure substantially
similar to that specified in ORS 677.097. Any other person shall
comply with this requirement through use of such forms,
procedures and educational materials as the Oregon Health
Authority shall specify. - }
Enrolled Senate Bill 1507 (SB 1507-A) Page 1
{ + (3) The notification and opportunity to decline testing
required under subsection (2) of this section may be verbal or in
writing, and may be contained in a general medical consent
form. + }
{ - (3) - } { + (4)(a) + } Regardless of the manner of
receipt or the source of the information, including information
received from the tested individual, { - no person shall - }
{ + a person may not + } disclose or be compelled to disclose
the identity of any individual upon whom an HIV-related test is
performed, or the results of such a test in a manner
{ - which - } { + that + } permits identification of the
subject of the test, except as required or permitted by federal
law, the law of this state or any rule, including any authority
rule considered necessary for public health or health care
purposes, or as authorized by the individual whose blood is
tested.
{ + (b) This subsection does not apply to an individual
acting in a private capacity and not in an employment,
occupational or professional capacity. + }
{ - (4) - } { + (5) + } { - Any - } { + A + } person
who complies with the requirements of this section { - shall
not be - } { + is not + } subject to an action for civil
damages.
{ - (5) An HIV test shall be considered diagnosis of venereal
disease for purposes of ORS 109.610. - }
{ - (6) The authority shall prescribe by rule a procedure
whereby an individual who is housed in a state institution and is
incapable of granting informed consent for an HIV test may be
tested. - }
{ - (7) - } { + (6) + } Whenever an insurer, insurance
producer or insurance-support organization asks an applicant for
insurance to take an HIV test in connection with an application
for insurance, the { - use of such a test must be revealed to
the applicant and the written consent thereof obtained. - }
{ + insurer, insurance producer or insurance-support
organization must reveal the use of the test to the applicant and
obtain the written consent of the applicant. + } The consent form
{ - shall - } { + must + } disclose the purpose of the test
and the persons to whom the results may be disclosed.
{ - (8) As used in this section: - }
{ - (a) 'HIV test' means a test of an individual for the
presence of human immunodeficiency virus (HIV), or for antibodies
or antigens that result from HIV infection, or for any other
substance specifically indicating infection with HIV. - }
{ - (b) 'Person' includes but is not limited to any health
care provider, health care facility, clinical laboratory, blood
or sperm bank, insurer, insurance producer, insurance-support
organization, as defined in ORS 746.600, government agency,
employer, research organization or agent of any of them. For
purposes of subsection (3) of this section, 'person' does not
include an individual acting in a private capacity and not in an
employment, occupational or professional capacity. - }
{ - (c) 'State institution' means all campuses of the Oregon
State Hospital, the Blue Mountain Recovery Center and the Eastern
Oregon Training Center. - }
SECTION 2. ORS 433.055 is amended to read:
433.055. (1) The Oregon Health Authority shall conduct studies
of the prevalence of the HIV infection in this state. Its
findings shall be reported to the Oregon Public Health Advisory
Board, the Conference of Local Health Officials, the Emergency
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Board and other interested bodies at regular intervals,
commencing in January 1988. The authority may cause the
prevalence study of persons sentenced to the Department of
Corrections of this state, as defined in ORS 421.005, to be made.
(2) The authority shall contract with an appropriate education
agency to prepare a curriculum regarding HIV infection, acquired
immune deficiency syndrome (AIDS) and prevention of the spread of
AIDS for all school districts and offer workshops to prepare
teachers and parents to implement the curriculum. The authority
shall award incentive grants from funds available therefor to
school districts to encourage use of the curriculum in the
schools.
(3) Prior { - informed - } consent to HIV antibody testing
need not be obtained from an individual if the test is for the
purpose of research as authorized by the authority and if the
testing is performed in a manner by which the identity of the
test subject is not known, and may not be retrieved by the
researcher.
SECTION 3. ORS 433.065 is amended to read:
433.065. (1) The Oregon Health Authority shall by rule
prescribe procedures:
(a) Whereby a worker who has experienced an occupational
exposure may request or cause to be requested the source person's
voluntary { - informed - } consent to an HIV test;
(b) Whereby a person who, while being administered health care,
has experienced a substantial exposure from a worker shall be
given notice of such exposure and be given opportunity to request
or cause to be requested the worker's voluntary
{ - informed - } consent to an HIV test; and
(c) Whereby a person who has experienced a substantial exposure
shall be offered information about HIV infection, methods of
preventing HIV infection and HIV tests.
(2) Rules prescribing procedures under subsection (1)(a) of
this section may require the participation or intervention of the
health care facility and licensed health care provider providing
care to the source person and may require the further
participation or intervention of the local public health
administrator or local public health officer.
(3) Where the source person under subsection (1)(a) of this
section is not known to be under the care of a health care
facility or provider or cannot be located, and in the case of
procedures under subsection (2) of this section, the rules may
require the participation and intervention of the local public
health administrator.
(4) The rules under this section may also include, but need not
be limited to, time frames within which the notice and other
procedures are to be performed and by whom, prescribed forms for
reporting of exposures, and for recording of results of
procedures undertaken and restrictions upon disclosure of such
reports and records only to specific persons.
{ + (5) If the source person is deceased, the source person's
next of kin may provide voluntary consent under this section. + }
SECTION 4. ORS 433.075 is amended to read:
433.075. { - (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. - }
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{ - (3) - } { + (1) + } 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) - } { + (2) + } { - Where - } { + If + } an
employer provides a program of prevention, education and testing
for HIV exposures for its employees, { - the - } { + an + }
employee to be tested under { - the provisions of this Act - }
{ + ORS 433.060 to 433.085 + } shall comply with the procedures
provided by { - such - } { + the + } program. { - Such - }
{ + The + } program must be approved by the Oregon Health
Authority.
{ - (5) - } { + (3) + } 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) - } { + (4) + } The confidentiality provisions of
ORS 433.045 { - (3) - } { + (4) + } apply to any person who
receives an HIV test result pursuant to ORS 433.080 or rules
adopted under ORS 433.065. { - Any - } { + A + } person who
complies with the requirements of this subsection { - shall not
be - } { + is not + } subject to an action for damages.
SECTION 5. ORS 109.610 is amended to read:
109.610. (1) Notwithstanding any other provision of law, a
minor who may have come into contact with any venereal
disease { + , including HIV, + } may give consent to the
furnishing of hospital, medical or surgical care related to the
diagnosis or treatment of such disease, if the disease or
condition is one which is required by law or regulation adopted
pursuant to law to be reported to the local or state health
officer or board. Such consent shall not be subject to
disaffirmance because of minority.
(2) The consent of the parent, parents, or legal guardian of
such minor shall not be necessary to authorize such hospital,
medical or surgical care and without having given consent the
parent, parents, or legal guardian shall not be liable for
payment for any such care rendered.
SECTION 6. ORS 433.085 is amended to read:
433.085. (1) Notwithstanding any other provision of law, any
employee of the Department of Corrections, law enforcement
officer as defined in ORS 414.805, parole and probation officer,
corrections officer, emergency medical services provider,
licensed health care provider or firefighter who in the
performance of the individual's official duties comes into
contact with the bodily fluids of another person may seek to have
the source person tested for HIV and hepatitis B or C by
petitioning the circuit court for an order compelling the
testing.
(2) The petition submitted to the court must set forth the
facts and circumstances of the contact and the reasons the
petitioner and a medically trained person representing the
petitioner, if available, believe the exposure was substantial
and the testing would be appropriate. The petition must also
include information sufficient to identify the alleged source
person and the location of the alleged source person, if known.
The court shall hold an ex parte hearing in person or by
telephone on the day of receipt of the petition, if possible, or
within a reasonable period not to exceed three judicial days.
Upon a showing that the petitioner has been exposed to the bodily
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fluids of another person and the circumstances create probable
cause to conclude that a significant possibility exists that the
petitioner has been exposed to HIV or hepatitis B or C, the court
shall order the testing of the source person.
(3) If the court orders a test under subsection (2) of this
section:
(a) The order shall direct the source person to allow the
required test to be performed by a licensed health care provider
without delay and may specify a time when 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 and direct the agency or
other person to provide the source person with a copy of the
order and ensure that the required test is performed.
(b) The petitioner shall designate a physician or nurse
practitioner to receive the test results on behalf of the
petitioner.
(c) The order must inform the source person, agency or other
person of who is to receive the results of the test and of how to
obtain payment for costs under subsection (6) of this section.
(d) The order shall 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 but not limited
to service by the petitioner or by directing the sheriff to serve
the order. Any costs of service shall be paid as provided under
subsection (6) of this section.
(e) The order is enforceable through the contempt powers of the
court.
(4) The results of any test ordered under this section are
confidential and subject to the confidentiality provisions of ORS
433.045 { - (3) - } { + (4) + }. The results shall be made
available only to those persons authorized under ORS 433.045
{ - (3) - } { + (4) + } and to the petitioner, any physician
or nurse practitioner designated by the petitioner to receive the
results, the Oregon Health Authority and the source person.
(5) If the test results are negative, the court may order the
source person to submit to additional testing six months after
the first test was conducted.
(6) No charge or filing fee may 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.
SECTION 7. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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Enrolled Senate Bill 1507 (SB 1507-A) Page 5
Passed by Senate February 9, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House February 21, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1507 (SB 1507-A) Page 6
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1507 (SB 1507-A) Page 7
