OAR 333-022-0210: Confidentiality

(1) General. Pursuant to ORS 433.045, a person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV 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 these rules, or as authorized by the individual who is tested. The prohibitions on disclosure do not apply to an individual acting in a private capacity and not in an employment, occupational or professional capacity. (2) Disclosure to or for a tested individual. The results of an HIV test may be disclosed to: (a) The tested individual; (b) The health care provider or licensed health care facility or person ordering the test; and (c) Any individual to whom the tested individual has authorized disclosure. (3) Medical records. When a health care provider or licensed health care facility obtains HIV test results of an individual, the test results may be entered into the routine medical record of that individual maintained by that health care provider or licensed health care facility. The information in the record may be disclosed in a manner consistent with ORS 192.553 to 192.581 and the Health Information Portability and Accountability Act (HIPAA) regulations, 45 CFR 160 to 164. (4) Public health purposes. (a) Anyone may report the identity and HIV-related test result of an individual to the local public health authority or Division for public health purposes. (b) The Division or local public health authority may inform an individual who has had a substantial exposure to HIV of that exposure if the Division or local public health authority determines that there is clear and convincing evidence that disclosure is necessary to avoid an immediate danger to the individual or to the public. (c) The Division or local public health authority may disclose the identity of an individual with an HIV-positive test to a health care provider for the purpose of referring or facilitating treatment for HIV infection. (d) The Division or local public health authority may only disclose the minimum amount of information necessary to carry out the purposes of the disclosure. (5) Anatomical donations. The identity of a HIV tested individual and that individual’s HIV test results may be released to a health care provider or licensed health care facility to the minimum extent necessary to make medical decisions concerning organ or tissue transplants. (6) Nothing in this rule is intended to limit the extent to which a licensed health care facility or health care provider can use or disclose HIV related health information in accordance with other state and federal laws.