Bill Text: OR SB1515 | 2012 | Regular Session | Introduced
Bill Title: Relating to nontransplant anatomical research and education recovery organizations.
Spectrum: Unknown
Status: (Failed) 2012-03-05 - In committee upon adjournment. [SB1515 Detail]
Download: Oregon-2012-SB1515-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 272
Senate Bill 1515
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Rules and Executive Appointments)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires nontransplant anatomical research and education
recovery organization to be licensed by Oregon Health Authority,
to have medical director and accreditation and to keep certain
records.
Authorizes authority to inspect premises of organization and to
impose civil penalty for violation.
Exempts Oregon Health and Science University and persons who
obtain waiver from authority from application of provisions of
Act.
Applies to nontransplant anatomical research and education
recovery organizations maintaining place of business in state on
or after July 1, 2013.
A BILL FOR AN ACT
Relating to nontransplant anatomical research and education
recovery organizations.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2012 Act:
(1) 'Agent' has the meaning given that term in ORS 97.953.
(2) 'Anatomical material' means a human body or human body
part, including a cell or group of cells.
(3) 'Donor' has the meaning given that term in ORS 97.953.
(4) 'Nontransplant anatomical research and education recovery
organization' means a person that maintains a facility in this
state for the recovery, storage or distribution of anatomical
material from a donor for uses other than transplant or therapy.
(5) 'Tissue bank' has the meaning given that term in ORS
97.953. + }
SECTION 2. { + (1) A person may not act as a nontransplant
anatomical research and education recovery organization unless
the organization is licensed as a nontransplant anatomical
research and education recovery organization by the Oregon Health
Authority.
(2) The authority may adopt rules setting forth the application
process and fees for a nontransplant anatomical research and
education recovery organization. The authority may not adopt
rules imposing requirements that are in addition to or stricter
than the requirements of this section and section 3 of this 2012
Act.
(3) A license issued pursuant to this section expires one year
after the date of issuance and may be renewed annually by payment
of a renewal fee and submission of a renewal application in the
form and manner prescribed by the authority by rule.
(4) The license required by this section is in addition to and
not in lieu of any other license required by law.
(5) The authority shall deposit fees collected under this
section into the Oregon Health Authority Fund established under
ORS 413.101. + }
SECTION 3. { + (1) A nontransplant anatomical research and
education recovery organization must have a medical director who
is responsible for ensuring compliance with applicable laws and
regulations and for maintaining records required under this
section. The medical director must have an advanced degree in
health care or a related field.
(2) A nontransplant anatomical research and education recovery
organization must be accredited by an accreditation organization
for tissue banks.
(3) A nontransplant anatomical research and education recovery
organization shall maintain a record of each donor from whom the
organization obtains anatomical material. The record must
include:
(a) Documentation showing that the donor donated the anatomical
material for the purpose of research or education;
(b) The name and address of the entity that had possession of
the anatomical material immediately before the organization took
possession of the anatomical material; and
(c) A record of the disposition of the anatomical material by
the organization, including the name and address of each entity
that receives anatomical material from the organization.
(4) A nontransplant anatomical research and education recovery
organization shall:
(a) Require the donor or the donor's agent to have made an
anatomical gift under ORS 97.951 to 97.982.
(b) Notify the donor or the donor's agent that the donor's body
may be dismembered and that body parts may be donated to
different locations.
(5) If a nontransplant anatomical research and education
recovery organization returns any part of the remains of a
deceased person to a friend or relative of the deceased person,
the organization shall disclose to the friend or relative whether
all or part of the deceased person's body is being returned. + }
SECTION 4. { + The Oregon Health Authority may inspect
premises and records of a nontransplant anatomical research and
education recovery organization as is reasonably necessary to
determine compliance with sections 2 and 3 of this 2012 Act. + }
SECTION 5. { + (1) In accordance with ORS chapter 183:
(a) The Oregon Health Authority may impose a civil penalty in
an amount not to exceed $1,000 for each violation of section 2 or
3 of this 2012 Act.
(b) In addition to the civil penalty allowed under paragraph
(a) of this subsection, the authority may suspend or revoke a
nontransplant anatomical research and education recovery
organization license for violation of section 2 or 3 of this 2012
Act.
(2) The authority shall deposit moneys received under this
section into the Oregon Health Authority Fund established under
ORS 413.101. + }
SECTION 6. { + Sections 1 to 5 of this 2012 Act do not apply
to:
(1) Oregon Health and Science University.
(2) A person who has obtained a waiver from the Oregon Health
Authority exempting the person from licensure on the basis that
the person is licensed, accredited or regulated under federal or
state law to recover or distribute anatomical material for
transplant or therapy purposes. + }
SECTION 7. { + Sections 1 to 5 of this 2012 Act apply to
nontransplant anatomical research and education recovery
organizations maintaining a place of business in this state on or
after July 1, 2013. + }
----------
