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Oregon Revised Statutes

Or. Rev. Stat. § 433.045 (2026)

Notice of HIV test required; exceptions

✓ current as of May 2026
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      433.045 Notice of HIV test required; exceptions. (1) As used in this section:

      (a) “Health care provider” means an individual licensed by a health professional regulatory board, as defined in ORS 676.160, the Long Term Care Administrators Board, the Board of Licensed Dietitians or the Behavior Analysis Regulatory Board.

      (b) “HIV test” means a test of an individual for the presence of HIV, or for antibodies or antigens that result from HIV infection, or for any other substance specifically indicating infection with HIV.

      (c) “Insurance producer” has the meaning given that term in ORS 746.600.

      (d) “Insurance-support organization” has the meaning given that term in ORS 746.600.

      (e) “Insurer” has the meaning given that term in ORS 731.106.

      (2) Except as provided in ORS 433.017, 433.055 (2) and 433.080, a health care provider or the provider’s designee shall, before subjecting an individual to an HIV test:

      (a) Notify the individual being tested; and

      (b) Allow the individual being tested the opportunity to decline the test.

      (3) The notification and opportunity to decline testing required under subsection (2) of this section may be verbal or in writing, and may be contained in a general medical consent form.

      (4)(a) Regardless of the manner of receipt or the source of the information, including information received from the tested individual, a person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.

      (b) This subsection does not apply to an individual acting in a private capacity and not in an employment, occupational or professional capacity.

      (5) A person who complies with the requirements of this section is not subject to an action for civil damages.

      (6) Whenever an insurer, insurance producer or insurance-support organization asks an applicant for insurance to take an HIV test in connection with an application for insurance, the insurer, insurance producer or insurance-support organization must reveal the use of the test to the applicant and obtain the written consent of the applicant. The consent form must disclose the purpose of the test and the persons to whom the results may be disclosed. [1987 c.600 §17; 1989 c.878 §6; 1997 c.854 §14; 2003 c.14 §245; 2003 c.364 §51; 2005 c.516 §1; 2009 c.30 §1; 2009 c.828 §19; 2012 c.26 §1; 2017 c.101 §12; 2018 c.61 §15; 2019 c.456 §32]

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1994–2022 · leading case: City of Portland v. Bartlett, 509 P.3d 99 (Or. 2022).
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City of Portland v. Bartlett, 509 P.3d 99 (Or. 2022). “973(5), and the identity of individuals receiving HIV-related tests by any licensed health care provider, ORS 433.045(4)(a), among others. See also Bartlett, 304 Or App at 605-06 (Powers, J.”
State v. Binner, 886 P.2d 1056 (Or. Ct. App. 1994). “2 See ORS 433.045(1), which prohibits an HIV-related blood test without the individual’s consent.”
City of Portland v. Bartlett, 468 P.3d 980 (Or. Ct. App. 2020). “292(3)—location of facilities for family and domestic violence programs that have received grants from, or entered into a contract with any public agency; and • ORS 433.045(4)(a)—identity of individuals receiv- ing HIV-related tests by any licensed health care provider.”
In Re Conner, 140 P.3d 1167 (Or. Ct. App. 2006). “610; testing and treatment of HIV, ORS 433.045 (“[a]n HIV test shall be considered diagnosis of venereal disease for purposes of ORS 109.”
— Or. Rev. Stat. § 433.045(1) — 1 case
State v. Binner, 886 P.2d 1056 (Or. Ct. App. 1994). “2 See ORS 433.045(1), which prohibits an HIV-related blood test without the individual’s consent.”
— Or. Rev. Stat. § 433.045(4)(a) — 2 cases
City of Portland v. Bartlett, 509 P.3d 99 (Or. 2022). “973(5), and the identity of individuals receiving HIV-related tests by any licensed health care provider, ORS 433.045(4)(a), among others. See also Bartlett, 304 Or App at 605-06 (Powers, J.”
City of Portland v. Bartlett, 468 P.3d 980 (Or. Ct. App. 2020). “292(3)—location of facilities for family and domestic violence programs that have received grants from, or entered into a contract with any public agency; and • ORS 433.045(4)(a)—identity of individuals receiv- ing HIV-related tests by any licensed health care provider.”
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