ORS 676.551: Needlestick injury; blood draw of patient; test results; rules.

(1) As used in this section:

      (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 678.415.

      (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.