Chapter 676 — Health Professions Generally
ORS 676.551 Needlestick injury; blood draw of patient; test results; rules
As used in this section:
“Health care practitioner” means a person who provides medical care in an emergency setting and who is:
An emergency medical services provider licensed under ORS chapter 682;
A physician licensed under ORS chapter 677; or
“Needlestick injury” means a wound caused by a needle puncturing the skin.
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.
A blood draw described in subsection (2) of this section may be performed if:
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;
There is no other person immediately available who is able to consent on behalf of the patient; and
The health care practitioner will benefit medically from knowing the results of a test described under subsection (2) of this section.
A test performed under this section must be anonymous.
The patient, or patient’s legal guardian, must be informed of the blood draw and the test results.
The results of a test described in subsection (2) of this section may not be:
Made available to law enforcement agencies;
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
Included in the medical record of the health care practitioner or the patient.
The patient, or the patient’s health insurer, may not be charged for the cost of performing a test under this section.
The Oregon Health Authority may adopt rules to carry out this section.
Official sources · 1Tap to view provenance and version history
Provenance
2025 Oregon Revised Statutes — official online source
Official online edition
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- oregonlegislature.gov
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Version history
Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.
2025 Oregon Revised Statutes — official online source · active · operative text
Official source