# ORS § 433.035: 433.035 Testing or examination of persons with certain diseases or conditions > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.035 ## Section - **Citation:** ORS § 433.035 - **Heading:** 433.035 Testing or examination of persons with certain diseases or conditions - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 36 / Chapter 433 / Section 433.035 ## Text (1) Intentionally left blank —Ed. (a) The Public Health Director or a local public health administrator may require testing or medical examination of any person who may have, or may have been exposed to, a communicable disease identified by rule of the Oregon Health Authority to be a reportable disease, a new or uncommon disease of potential public health significance, or a condition that is the basis of a state of public health emergency declared by the Governor as authorized by ORS 433.441 (Declaration of public health emergency) . The Public Health Director or the local public health administrator must issue a written order for testing or medical examination pursuant to this section. (b) A written order must: (A) Include findings stating the communicable disease that the Public Health Director or the local public health administrator believes the person has and the reasons for that belief. (B) State whether medical or laboratory confirmation of the disease is feasible and possible and whether such confirmation would enable control measures to be taken to minimize infection of others with the disease. (C) Include a statement that the person may refuse to submit to the testing or medical examination and that if the testing or examination is refused, the Public Health Director or the local public health administrator may seek the imposition of a public health measure, including isolation or quarantine pursuant to ORS 433.121 (Emergency administrative order for isolation or quarantine) or 433.123 (Petition for court order for isolation or quarantine) . (2) When a person is directed to submit to a test or examination under this section and the person agrees to do so, the person shall submit to any testing or examination as may be necessary to establish the presence or absence of the communicable disease for which the testing or examination was directed. The examination shall be carried out by the local health officer or a physician licensed by the Oregon Medical Board or the Oregon Board of Naturopathic Medicine. A written report of the results of the test or examination shall be provided to the person ordering the test or examination, and upon request, to the person tested or examined. Laboratory examinations, if any, shall be carried out by the laboratory of the authority whenever the examinations are within the scope of the tests conducted by the laboratory. If treatment is needed, the person or the parent or guardian of the person shall be liable for the costs of treatment based on the examination carried out under this section, if the person liable is able to pay the treatment costs. Cost of any examination performed by a physician in private practice shall be paid from public funds available to the local public health administrator, if any, or from county funds available for general governmental expenses in the county that the local public health administrator serves or in the county where the person tested or examined resides if the local public health administrator serves more than one county or the test or examination was ordered by the Public Health Director or local public health administrator. blic health administrator, if any, or from county funds available for general governmental expenses in the county that the local public health administrator serves or in the county where the person tested or examined resides if the local public health administrator serves more than one county or the test or examination was ordered by the Public Health Director or local public health administrator. (3) If a person has a communicable disease, a new or uncommon disease of potential public health significance, or a condition that is the basis of a state of public health emergency, the Public Health Director or the local public health administrator may issue an order requiring the person to complete an appropriate prescribed course of medication or other treatment for the communicable disease, including directly observed therapy if appropriate, and to follow infection control provisions for the disease. The order shall also include statements that the person may refuse the medication or other treatment and that the person’s failure to comply with the order issued under this subsection may result in the Public Health Director or the local public health administrator seeking the imposition of a public health measure, including isolation or quarantine as authorized by ORS 433.121 (Emergency administrative order for isolation or quarantine) and 433.123 (Petition for court order for isolation or quarantine) . (4) The Public Health Director or the local public health administrator must make every effort to obtain voluntary compliance from a person for any testing, medical examination and treatment required under this section. (5) Any action taken by the Public Health Director or the local public health administrator under this section to compel testing, medical examination or treatment of a person who has a communicable disease, a new or uncommon disease of potential public health significance, or a condition that is the basis of a state of public health emergency must be the least restrictive alternative available to accomplish the results necessary to minimize the transmission of the disease to others. [1967 c.617 §1 (enacted in lieu of 434.060); 1973 c.259 §7; 1979 c.731 §6; 1987 c.600 §6; 1989 c.224 §87; 2003 c.14 §244; 2003 c.555 §9; 2007 c.445 §18; 2009 c.43 §4; 2009 c.595 §631] Source: Section 433.035 — Testing or examination of persons with certain diseases or conditions; order for medication or treatment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 433.001 433.001 Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.001.md) - [ORS § 433.004 433.004 Reportable diseases](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.004.md) - [ORS § 433.006 433.006 Investigation and control measures](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.006.md) - [ORS § 433.008 433.008 Confidentiality of disclosure](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.008.md) - [ORS § 433.009 433.009 Reporting by law enforcement unit](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.009.md) - [ORS § 433.010 433.010 Spreading disease prohibited](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.010.md) - [ORS § 433.012 433.012 Oregon Health Authority to provide laboratory examination](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.012.md) - [ORS § 433.017 433.017 Test of blood of pregnant woman required](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.017.md) - [ORS § 433.035 433.035 Testing or examination of persons with certain diseases or conditions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.035.md) - [ORS § 433.040 433.040 Oregon Vaccine Education and Prioritization Plan](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.040.md) - [ORS § 433.045 433.045 Notice of HIV test required](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.045.md) - [ORS § 433.055 433.055 Prevalence studies](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.055.md) - [ORS § 433.060 433.060 Definitions for ORS 433.060 to 433.080](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.060.md) - [ORS § 433.065 433.065 Procedures for HIV testing](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.065.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.035. 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