Chapter 228
AN ACT
SB 190
Relating to testing for disease at request of
employee of Department of Corrections; amending ORS 433.085; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. 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 technician,
licensed health care provider, firefighter or paramedic 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 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). The results shall be made
available only to those persons authorized under ORS 433.045 (3) and to the
petitioner, any physician or nurse practitioner designated by the petitioner to
receive the results, the Department of Human Services 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 2. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date May 30, 2007
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