(1) Except as otherwise provided in ORS § 438.010 to 438.510, a clinical laboratory shall examine specimens only at the request of a physician, dentist, or other person authorized by law to use the findings of laboratory examinations.

Terms Used In Oregon Statutes 438.430

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) A person may not report the result of any test, examination, or analysis of a specimen submitted for evidence of human disease except to:

(a) The patient or the patient’s authorized representative, unless the physician, dentist or other person requesting the laboratory test, examination or analysis under subsection (1) of this section notifies the clinical laboratory of a reasonable belief that an exception applies to the prohibition on information blocking under 42 U.S.C. §§ 300jj-52; and

(b) A physician, dentist, their agents, or other person authorized by law to employ the results in the conduct of a practice or in the fulfillment of official duties.

(3) Except as provided in subsection (2) of this section, a clinical laboratory or the designee of the laboratory, after verifying the identity of the requester and after determining the results are ready for release, shall without unreasonable delay provide the results of a test, examination or analysis of a specimen submitted by a patient in writing to the patient or the patient’s authorized representative. [1969 c.685 § 21; 2001 c.104 § 174; 2003 c.376 § 1; 2009 c.583 § 1; 2021 c.285 § 1]