HIV Test Process

HIV test procedures for health care providers

In Oregon, patients receiving an HIV test from a licensed health care provider or designee must be notified that HIV testing may occur and must be given an opportunity to decline. Patients can be notified verbally by any member of the health care team or in writing via a general medical consent form, brochure, or fact sheet.

As long as patients are notified that testing may be conducted and can decline to be tested, health care providers are free to decide their own procedures for accomplishing this. If they wish, agencies may insert the following OAR compliant language into their general form for consent for medical treatment.

"You may be tested for HIV. If you want to decline HIV testing, check this box [  ]"

For more information about Oregon laws related to HIV testing, please see the Oregon HIV laws guide.

Did you know that routine HIV testing is recommended for people 15 - 65 years of age? Learn more in our routine HIV screening fact sheet (pdf).

HIV test procedures for sites funded by OHA

Each HIV test site funded by the Oregon Health Authority (OHA) is under the oversight of an "ordering physician," and thus, may follow the HIV testing procedures for licensed health care providers as described above. OHA funded HIV test sites have the option to use the model language shown above or to determine their own procedures for notifying clients of the test and their opportunity to decline testing (verbally or in writing).

Additional guidance for OHA-funded HIV test sites is outlined in OHA's HIV Testing Policies and Procedures (pdf).

All sites collecting an HIV test funded by OHA must complete the HIV Prevention test form found here.

Publications and Resources

• Free at-home HIV tests: Oregon residents can order a free at-home HIV test now. 
  
• Supporting Clients that Test Positive for HIV - English and Spanish (updated May 2022): This document offers tips for delivering test results and supporting clients who test positive for HIV.
• CD Summary - April, 2018:  Ending new HIV infections in Oregon - the Case for Universal Testing (pdf)

Background

Previously, Oregon law required health care providers to obtain special informed consent before the HIV testing of a patient. Senate Bill 1507, passed in February, 2012, removed this requirement and substituted a requirement that patients be notified that HIV testing may be conducted and given an opportunity to decline. Oregon Administrative Rules (OARs) align with SB 1507 and allow health care providers to obtain consent for HIV testing in a manner similar to that used for other common tests. For more information, please review the OAR revision (pdf).

SB 1507 does not affect the confidentiality of an HIV diagnosis.  Nor does the bill permit collection of specimens for HIV testing without patient knowledge or permission.

The Oregon Health Authority adopted rules implementing SB 1507 and those rules may be found at OAR 333, Division 22.