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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 813
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conform-
ance with presession filing rules, indicating neither advocacy nor opposition on the part of the
President (at the request of Governor Tina Kotek for Oregon Youth Authority)
CHAPTER .................................................
AN ACT
Relating to exposure to bodily fluids; amending ORS 431A.570.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 431A.570, as amended by section 75, chapter 73, Oregon Laws 2024, is
amended to read:
431A.570. (1) As used in this section:
(a) “Communicable disease” has the meaning given that term in ORS 431A.005.
(b) “Good faith effort to obtain the voluntary consent of the source person” includes a good faith
effort to locate or contact the source person.
(c) “Significant exposure” means direct contact with blood, bodily fluids or other potentially
infectious materials of a person, and the contact is capable of transmitting a communicable disease.
(2) Notwithstanding any other provision of law, an employee of the Department of Corrections,
an employee of the Oregon Youth Authority, an employee of a county juvenile department,
a law enforcement officer as defined in ORS 414.805, a parole and probation officer as defined in
ORS 181A.355, a corrections officer as defined in ORS 181A.355, an emergency medical services
provider as defined in ORS 682.025, a licensed health care provider as defined in ORS 433.060 or a
firefighter who, in the performance of the person’s official duties, comes into contact with the blood,
bodily fluid or other potentially infectious material of another person may petition the circuit court
for an order compelling the testing of the source person for a communicable disease, provided that
the person making the petition has first made a good faith effort to obtain the voluntary consent
of the source person to be tested for a communicable disease.
(3) A petition submitted under this section must:
(a) Set forth the facts and circumstances of the contact with the source person and the reasons
the petitioner and a medically trained person representing the petitioner, if available, believe the
contact with the source person constitutes significant exposure and that testing is appropriate;
(b) If a medically trained person is not available to represent the petitioner, include the reason
for the unavailability;
(c) Include information sufficient to identify the source person and the location of the source
person, if known; and
(d) Include a statement by the petitioner attesting to having made a good faith effort to obtain
the voluntary consent of the source person to be tested for a communicable disease.
(4) The circuit court shall hold an ex parte hearing in person, by telephone or by other appro-
priate means no later than three judicial days after receiving a petition under this section. Upon
Enrolled Senate Bill 813 (SB 813-INTRO) Page 1
a finding that the requirements of subsection (3) of this section have been met and a showing that
the circumstances create probable cause to conclude that the petitioner’s contact with the source
person constitutes significant exposure, the court shall order the testing of the source person. The
court shall issue the order no later than four judicial days after receiving a petition under this
section.
(5) If the circuit court orders a test under subsection (4) of this section:
(a) The order shall direct the source person to allow a test to be performed by a licensed health
care provider, without delay, for a communicable disease that may be transmitted by the type of
contact that occurred and may specify the date by which the test must be completed. If the source
person is in custody or otherwise subject to the legal control of another person, the order may be
directed to the agency with custody of, or the other person with legal control over, the source
person. The order may direct the agency or other person to provide the source person with a copy
of the order. The order may contain any directions necessary to ensure that the test is performed.
(b) The petitioner shall designate a physician, physician associate or nurse practitioner to re-
ceive the results of the test on behalf of the petitioner.
(c) The order must inform the source person, or the agency with custody of or other person with
legal control over the source person, of:
(A) The physician, physician associate or nurse practitioner who is to receive the results of the
test on behalf of the petitioner; and
(B) How to obtain payment for costs under subsection (8) of this section.
(d) The order must be served on the source person, or the agency with custody of or other
person with legal control over the source person, in the manner directed by the court. The court
may provide for service of the order by any means appropriate to the circumstances of the source
person, including directing the petitioner or the sheriff to serve the order. The costs associated with
serving the order must be paid as provided under subsection (8) of this section.
(e) The order is enforceable through the contempt powers of the court.
(6) The results of a test ordered under this section:
(a) Are confidential and not subject to public disclosure under ORS 192.311 to 192.478; and
(b) May be made available only to the physician, physician associate or nurse practitioner des-
ignated by the petitioner to receive the results of the test, the Oregon Health Authority and the
source person.
(7) Blood, bodily fluids or other potentially infectious materials taken from a source person for
the purpose of performing a test under this section:
(a) May not be used for a civil or criminal investigation or as evidence in civil or criminal
proceeding; and
(b) May be retained only as long as necessary to confirm the results of a test performed under
this section.
(8) A charge or filing fee may not be imposed for the filing of a petition under this section. The
cost of any testing ordered under this section shall be the responsibility of the employer of the
petitioner.
Enrolled Senate Bill 813 (SB 813-INTRO) Page 2
Passed by Senate February 27, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House May 21, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 813 (SB 813-INTRO) Page 3