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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2943
Sponsored by Representative NELSON (at the request of Cascade AIDS Project - Portland) (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Directs a hospital to conduct an HIV test and a syphilis test when a person has other
blood tests done at the ED, unless the person opts out of the test. (Flesch Readability Score:63.4).
Directs a hospital to conduct HIV and syphilis screening when an individual undergoes a blood
test or analysis as part of medical care received within an emergency department, unless the indi-
vidual declines a test. Provides for exceptions.
Requires health insurance coverage of HIV and syphilis screening conducted at a hospital
emergencydepartment.
Appropriates moneys from the General Fund to the Oregon Health Authority to cover costs in-
curred by counties in carrying out investigation and outreach related to the increase in HIV and
syphilisscreening.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to public health testing; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section:
(a) “Emergency medical services provider” has the meaning given that term in ORS
682.025.
(b) “Health care provider” or “provider” means a person who is licensed, certified or
otherwise authorized by law in this state to administer health care in the ordinary course
of business or in the practice of a health care profession.
(c) “HIV test” has the meaning given that term in ORS 433.045.
(d) “Hospital” has the meaning given that term in ORS 442.015.
(e) “Syphilis test” means a test of an individual for the presence of the bacterium
Treponema pallidum, or for antibodies or antigens that result from a Treponema pallidum
infection, or for any other substance specifically indicating an infection that causes syphilis.
(2) Subject to subsections (3) to (6) of this section, when an individual consents to re-
ceiving medical care within a hospital emergency department and the medical care includes
taking a blood sample or using a blood sample taken by an emergency medical services pro-
vider for laboratory testing or analysis, the hospital must use the blood specimen to also
conduct an HIV test and a syphilis test.
(3) For an HIV test, a hospital emergency department health care provider or the
provider’s designee shall follow the requirements and procedures for administering an HIV
test under ORS 433.045.
(4)(a) For a syphilis test, a hospital emergency department health care provider or the
provider’s designee shall, before subjecting an individual to a syphilis test:
(A) Notify the individual being tested; and
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2989 HB2943
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(B) Allow the individual being tested the opportunity to decline the test.
(b) The notification and opportunity to decline testing required under paragraph (a) of
this subsection may be verbal or in writing, and may be contained in a general medical con-
sent form.
(5) A hospital may not conduct an HIV test or a syphilis test under this section if an
individual is unable to grant or withhold consent.
(6) A hospital is not required to conduct an HIV test under this section if the hospital
medical records for the individual show that the individual has a history of a positive HIV
test.
(7) A person who complies with the requirements of this section is not subject to an
action for civil damages.
SECTION 2. Section 3 of this 2025 Act is added to and made a part of the Insurance Code.
SECTION 3. (1) A policy or certificate of health insurance that reimburses the cost of
services delivered by a hospital that is subject to the requirements to conduct an HIV test
or a syphilis test under section 1 of this 2025 Act shall reimburse the costs of the tests in-
curred by the hospital in complying with section 1 of this 2025 Act.
(2) This section is exempt from ORS 743A.001.
SECTION 4. Section 3 of this 2025 Act applies to policies and certificates of health in-
surance issued, renewed or extended on or after the effective date of this 2025 Act.
SECTION 5.In addition to and not in lieu of any other appropriation, there is appropri-
ated to the Oregon Health Authority, for the biennium beginning July 1, 2025, out of the
General Fund, the amount of $_______, which may be expended to cover costs incurred by
counties in carrying out additional investigation and outreach related to the increase in HIV
and syphilis testing under section 1 of this 2025 Act.
SECTION 6. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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