Relating to testing for disease at request of employee of Department of Corrections; amending ORS 433.


 
 
 
     74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 553
 
                         Senate Bill 190
 
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 Governor Theodore R.
  Kulongoski for Department of Corrections)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes disease testing of source person upon request of
employee of Department of Corrections who comes into contact with
bodily fluids of source person.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
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 Oregon:
  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. + }
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