Health care facility notification of blood alcohol level or presence of cannabis or controlled substance in blood; content of notice.

Checkout our iOS App for a better way to browser and research.


(a) The person’s blood alcohol level meets or exceeds the percent specified in ORS 813.010;

(b) The person’s blood contains cannabis; or

(c) The person’s blood contains a controlled substance, as defined in ORS 475.005.

(2) If a health care facility is required to notify a law enforcement officer of test results under subsection (1) of this section and no law enforcement officer is present in an official capacity at the health care facility, the health care facility shall notify a law enforcement agency in the county in which the accident occurred, or an Oregon State Police dispatch center, as soon as possible but no more than 72 hours after becoming aware of the results of the blood test.

(3) A notice required under this section must consist of:

(a) The name of the person being treated;

(b) The blood alcohol level, the blood cannabis level and name and level of any controlled substance disclosed by the test; and

(c) The date and time of the administration of the test.

(4) ORS 40.225 to 40.295 do not affect the requirement to provide notice imposed by this section, and the health care facility shall not be considered to have breached any duty under ORS 40.225 to 40.295 owed to the person about whom the notice is made. [1995 c.546 §1; 2003 c.89 §2; 2007 c.662 §1; 2011 c.672 §1; 2017 c.21 §67]


Download our app to see the most-to-date content.