OAR 333-022-0305: Occupational and Health Care Setting Exposures: Petition for Mandatory Testing of Source Persons

(1) If a worker has complied with the process established in OAR 333-022-0300 and a source person has refused to consent to an HIV test or has failed to obtain a test within the time period established in that rule, the worker may petition the circuit court for the county in which the exposure occurred and seek a court order for mandatory testing in accordance with ORS 433.080. (2) The form for the petition shall be as prescribed by the Division and shall be obtained from the LPHA. (3) The petition shall name the source person as the respondent and shall include a short and plain statement of facts alleging: (a) The petitioner is a worker subjected to an occupational exposure and the respondent is the source person; (b) The petitioner meets the definition of worker in ORS 433.060; (c) All procedures for obtaining the respondent’s consent to an HIV test as described in OAR 333-022-0300 have been exhausted by the petitioner and the respondent has refused to consent to the test, or within the time period prescribed in OAR 333-022-0300 has failed to submit to the test; (d) The petitioner has no knowledge that he or she has a history of a positive HIV test and has since the occupational exposure submitted a specimen for an HIV test to a laboratory certified to perform testing on human specimens under the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578,42 U.S.C. 201 and 263(a))(CLIA).; and (e) The injury that petitioner is suffering or will suffer if the source person is not ordered to submit to an HIV test. (4) The petition shall be accompanied by the certificate of the LPHA declaring that, based upon information in the possession of the administrator, the facts stated in the allegations under subsections (3)(a), (b) and (c) of this rule are true. (5) A LPHA must provide the petitioner a certificate as described in section (4) of this rule and must appear at any court hearing on the petition in accordance with ORS 433.080(7). (6) The court is required to hold a hearing on the petition in accordance with ORS 433.080.