Chapter 334
AN ACT
SB 341
Relating to transplants.
Be It Enacted by the People of
the State of
SECTION 1. (1) As used in this section and section 2 of
this 2007 Act:
(a) “Entity” means an
individual, corporation, business trust, partnership, limited
liability company, association, joint venture or an instrumentality of
an entity.
(b) “Eye bank” means an
entity that is licensed or regulated under federal or state law to engage in
the recovery, screening, testing, processing, storage or distribution of human
eyes or parts of human eyes.
(c) “Health care
facility” has the meaning given that term in ORS 442.015.
(d) “Organ procurement
organization” means an entity designated by the United States Secretary of
Health and Human Services as an organ procurement organization.
(e) “Tissue bank” means
an entity that is licensed or regulated under federal or state law to engage in
the recovery, screening, testing, processing, storage or distribution of tissue
for transplants.
(2) Tissue banks and eye
banks must be registered with and regulated by the
(3) A health care
facility that performs organ transplants must:
(a) Be
a member of the Organ Procurement and Transplantation Network established by
the National Organ Transplant Act of 1984;
(b) Be regulated by the
United States Department of Health and Human Services; and
(c) Use an organ
procurement organization to obtain organs for transplants.
(4) A health care
facility that performs tissue or corneal transplants must obtain the tissue or
corneas from a tissue bank or an eye bank that is registered with and regulated
by the
SECTION 2. (1) The Department of Human Services shall
adopt by rule standards and a system of registration for every organ
procurement organization, tissue bank and eye bank doing business in this
state.
(2) An organ procurement
organization, tissue bank or eye bank may not do business in this state unless
it has registered with the department.
(3) Each organ
procurement organization, tissue bank and eye bank shall provide to the
department at least every three years current documentation
of designation, certification and inspection as evidence of compliance with
national standards and requirements under federal law.
(4) The department may
impose a civil penalty not to exceed $1,000 against an organ procurement
organization, tissue bank or eye bank doing business in this state for failure
to:
(a) Register with the
department;
(b) Report loss of
designation, accreditation or certification within 60 days of the loss; or
(c) Supply the
department with requested current documentation of designation, certification
and inspection.
(5) Civil penalties
under this section shall be imposed in the manner provided under ORS 183.745.
SECTION 3. Each organ procurement organization, tissue
bank and eye bank doing business in this state must register with the
Department of Human Services within 30 days after the operative date of section
2 of this 2007 Act.
SECTION 4. Section 2 of this 2007 Act becomes operative
on July 1, 2008.
Approved by the Governor June 11, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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