Title 192 · ORS Chapter 192

164.514(e) for limited data set recipients. ����� (6) Research conducted in accordance with this section is rebuttably presumed to comply with ORS 192.535 and 192.539. ����� (7)(a) Notwithstanding O

Citation: ORS 164.514

Section: 164.514

164.514(e) for limited data set recipients.

����� (6) Research conducted in accordance with this section is rebuttably presumed to comply with ORS 192.535 and 192.539.

����� (7)(a) Notwithstanding ORS 192.535, a person may use a DNA sample or genetic information obtained, with blanket informed consent, before June 25, 2001, for genetic research.

����� (b) Notwithstanding ORS 192.535, a person may use a DNA sample or genetic information obtained without specific informed consent and derived from a biological specimen or clinical individually identifiable health information for anonymous research or coded research if an institutional review board operating under subsection (1)(b) of this section:

����� (A) Waives or alters the consent requirements pursuant to the Federal Policy for the Protection of Human Subjects; and

����� (B) Waives authorization pursuant to the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164.

����� (c) Except as provided in subsection (5)(a) of this section or paragraph (b) of this subsection, a person must have specific informed consent from an individual to use a DNA sample or genetic information of the individual obtained on or after June 25, 2001, for genetic research.

����� (8) Except as otherwise allowed by rule of the Oregon Health Authority, if DNA samples or genetic information obtained for either clinical or research purposes is used in research, a person may not recontact the individual or the physician, physician associate, naturopathic physician or nurse practitioner of the individual by using research information that is identifiable or coded. The Oregon Health Authority shall adopt by rule criteria for recontacting an individual or the physician, physician associate, naturopathic physician or nurse practitioner of an individual. In adopting the criteria, the department shall consider the recommendations of national organizations such as those created by executive order by the President of the United States and the recommendations of the Advisory Committee on Genetic Privacy and Research.

����� (9) The requirements for consent to, or notification of, obtaining a DNA sample or genetic information for genetic research are governed by the provisions of ORS