Or. Admin. Code § 333-022-0205

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-022-0205 - HIV Testing, Notification, Right to Decline

(1) Pursuant to ORS 433.045, 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 health care provider or the provider's designee may provide an individual notice and the opportunity to decline testing verbally or in writing, including providing the notice and the opportunity to decline in a general medical consent form.

(3) 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 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 must disclose the purpose of the test and to whom the results may be disclosed.

(4) Anyone other than those listed in sections (1) through (3) of this rule who wishes to subject an individual to an HIV test must reveal the use of the test to the individual and obtain written consent of the individual for the HIV test.

(5) If an individual is deceased, next of kin may consent to an HIV test pursuant to ORS 433.075.

(6) If an individual is incapable of consenting to an HIV test, the individual's personal representative may consent on the individual's behalf.

Or. Admin. Code § 333-022-0205

PH 6-2013, f. & cert. ef 2-4-13

Stat. Auth.: ORS 433.045 - 433.080

Stats. Implemented: ORS 433.045, 433.055(3), 433.065& 433.075