Title 192 · ORS Chapter 192

to 192.549 and the administrative rules that were in effect on the

Citation: ORS 192.531

Section: 192.531

192.531 to 192.549 and the administrative rules that were in effect on the effective date of the institutional review board�s most recent approval of the study. [2001 c.588 �6; 2003 c.333 �5; 2005 c.678 �6; 2009 c.595 �171; 2014 c.45 �33; 2017 c.356 �25; 2024 c.73 �46]

����� Note: See note under 192.531.

����� 192.549 Advisory Committee on Genetic Privacy and Research. (1) The Advisory Committee on Genetic Privacy and Research is established consisting of 15 members. The President of the Senate and the Speaker of the House of Representatives shall each appoint one member and one alternate. The Director of the Oregon Health Authority shall appoint one representative and one alternate from each of the following categories:

����� (a) Academic institutions involved in genetic research;

����� (b) Physicians licensed under ORS chapter 677;

����� (c) Voluntary organizations involved in the development of public policy on issues related to genetic privacy;

����� (d) Hospitals;

����� (e) The Department of Consumer and Business Services;

����� (f) The Oregon Health Authority;

����� (g) Health care service contractors involved in genetic and health services research;

����� (h) The biosciences industry;

����� (i) The pharmaceutical industry;

����� (j) Health care consumers;

����� (k) Organizations advocating for privacy of medical information;

����� (L) Public members of institutional review boards; and

����� (m) Organizations or individuals promoting public education about genetic research and genetic privacy and public involvement in policymaking related to genetic research and genetic privacy.

����� (2) Organizations and individuals representing the categories listed in subsection (1) of this section may recommend nominees for membership on the advisory committee to the President, the Speaker and the director.

����� (3) Members and alternate members of the advisory committee serve two-year terms and may be reappointed.

����� (4) Members and alternate members of the advisory committee serve at the pleasure of the appointing entity.

����� (5) Notwithstanding ORS 171.072, members and alternate members of the advisory committee who are members of the Legislative Assembly are not entitled to mileage expenses or a per diem and serve as volunteers on the advisory committee. Other members and alternate members of the advisory committee are not entitled to compensation or reimbursement for expenses and serve as volunteers on the advisory committee.

����� (6) The Oregon Health Authority shall provide staff for the advisory committee.

����� (7) The advisory committee shall report biennially to the Legislative Assembly in the manner provided by ORS 192.245. The report shall include the activities and the results of any studies conducted by the advisory committee. The advisory committee may make any recommendations for legislative changes deemed necessary by the advisory committee.

����� (8) The advisory committee shall study the use and disclosure of genetic information and shall develop and refine a legal framework that defines the rights of individuals whose DNA samples and genetic information are collected, stored, analyzed and disclosed.

����� (9) The advisory committee shall create opportunities for public education on the scientific, legal and ethical development within the fields of genetic privacy and research. The advisory committee shall also elicit public input on these matters. The advisory committee shall make reasonable efforts to obtain public input that is representative of the diversity of opinion on this subject. The advisory committee�s recommendations to the Legislative Assembly shall take into consideration public concerns and values related to these matters. [2001 c.588 �7; 2003 c.333 �6; 2009 c.595 �172; 2011 c.272 �4]

����� Note: See note under 192.531.

����� 192.550 [1977 c.517 �1; 1985 c.762 �180; 1987 c.373 �24; 1987 c.414 �146; 1997 c.631 �422; 2003 c.803 �9; 2005 c.130 �1; renumbered 192.583 in 2011]

MISCELLANEOUS HEALTH CARE RECORDS

����� 192.551 Health care records at colleges, universities.

(1) A public or private college or university health center, mental health center or counseling center that provides health care, mental health care or counseling services to students, or a health professional retained by a college or university to provide health care, mental health care or counseling services to students, may disclose records of health care, mental health care or counseling provided to a student to any other person within the college or university, affiliated with the college or university or acting on behalf of the college or university, only to the extent that a person unaffiliated with the college or university would be lawfully authorized to disclose the records when providing health care, mental health care or counseling services.

����� (2) As used in this section, �person� means a natural individual. [2016 c.20 �1]

����� Note: 192.551 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PROTECTED HEALTH INFORMATION

����� 192.553 Policy for protected health information. (1) It is the policy of the State of Oregon that an individual has:

����� (a) The right to have protected health information of the individual safeguarded from unlawful use or disclosure; and

����� (b) The right to access and review protected health information of the individual.

����� (2) In addition to the rights and obligations expressed in ORS 192.553 to 192.581, the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, establish additional rights and obligations regarding the use and disclosure of protected health information and the rights of individuals regarding the protected health information of the individual. [Formerly