(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 to 678.410.
(b) "Needlestick injury" means a wound caused by a needle puncturing the skin.
(2) Notwithstanding ORS 431A.570, 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]
Structure 2021 Oregon Revised Statutes
Chapter 676 - Health Professions Generally
Section 676.110 - Use of title "doctor."
Section 676.115 - Use of title "nurse."
Section 676.160 - Definitions for ORS 676.165 to 676.180.
Section 676.165 - Complaint investigation.
Section 676.175 - Complaints and investigations confidential; exceptions; fees.
Section 676.177 - Disclosure of confidential information to another public entity; criteria.
Section 676.185 - Definitions for ORS 676.185 to 676.200.
Section 676.194 - Impaired Health Professional Program Work Group.
Section 676.200 - Board participation in program; rules.
Section 676.306 - Executive directors; reports; rules.
Section 676.360 - Pelvic examinations.
Section 676.405 - Release of personal information.
Section 676.454 - Health care provider incentive program; rules.
Section 676.459 - Health care workforce needs; report to Legislative Assembly.
Section 676.463 - Financial incentive program participation data; reporting.
Section 676.467 - Allocation of moneys; administration by Oregon Health and Science University.
Section 676.551 - Needlestick injury; blood draw of patient; test results; rules.
Section 676.560 - Purpose of Health Licensing Office.
Section 676.562 - Definitions for ORS 676.560 to 676.625.
Section 676.565 - Oversight and centralized service by office.
Section 676.568 - Office responsibilities; enumeration of powers not exclusive; rules.
Section 676.572 - Issuance of authorizations; renewal; activation.
Section 676.579 - Director; appointment and qualifications; responsibilities; duties.
Section 676.590 - Disclosure of investigatory information, records.
Section 676.599 - Disclosure of information to other public entity.
Section 676.608 - Investigative authority; conduct of investigation.
Section 676.612 - Disciplinary authority; authority of office to require fingerprints.
Section 676.613 - Injunctions.
Section 676.615 - Rulemaking authority.
Section 676.618 - Inspection of facilities.
Section 676.622 - Exemption from certain requirements for original signatures.
Section 676.625 - Health Licensing Office Account; fees; record keeping; disposition of receipts.
Section 676.630 - Definitions for ORS 676.630 to 676.660.
Section 676.640 - Certification for practice of advanced nonablative esthetics procedures; rules.
Section 676.645 - Renewal of certificate; rules.
Section 676.647 - Prohibition on use of unregistered device; rules.
Section 676.650 - Board of Certified Advanced Estheticians.
Section 676.655 - Board powers; rules.
Section 676.665 - Definitions for ORS 676.665 to 676.689.
Section 676.669 - Lactation consultant license; rules.
Section 676.673 - Continuing education; rules.
Section 676.681 - Prohibition on unauthorized practice, use of title; exemptions.
Section 676.730 - Definitions for ORS 676.730 to 676.748.
Section 676.733 - Genetic counseling license; fees; rules.
Section 676.736 - Prohibition on unauthorized practice, use of title; exemptions.
Section 676.739 - Requirement to refer for diagnosis, certain treatment.
Section 676.802 - Definitions for ORS 676.802, 676.806 and 676.810 to 676.820.
Section 676.806 - Behavior Analysis Regulatory Board.
Section 676.815 - Behavior analysis interventionists; rules.
Section 676.863 - Oregon Health Authority list of continuing education opportunities.
Section 676.870 - Definitions for ORS 676.870 to 676.890.
Section 676.875 - Requirements for practice of surgical technology in health care facilities; rules.