74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to SB 244
 
LC 247/SB 244-1
 
                       HOUSE AMENDMENTS TO
                         SENATE BILL 244
 
                    By COMMITTEE ON JUDICIARY
 
                             May 22
 
  On page 1 of the printed bill, line 2, delete 'amending ' and
insert 'creating new provisions; amending ORS 192.531 and ' and
after '2001' insert '; and declaring an emergency'.
  On page 3, after line 23, insert:
  '  { +  SECTION 4. + }  { + Section 5 of this 2007 Act is added
to and made a part of ORS 192.518 to 192.526. + }
  '  { +  SECTION 5. + }  { + (1) Notwithstanding ORS 192.537
(3), a health care provider may retain genetic information of an
individual without obtaining an authorization from the individual
or a personal representative of the individual if the retention
is for treatment, payment or health care operations by the
provider.
  ' (2) Notwithstanding ORS 192.539 (1), a health care provider
may disclose genetic information of an individual without
obtaining an authorization from the individual or a personal
representative of the individual if the provider discloses the
genetic information in accordance with ORS 192.520 (3).
  ' (3) As used in this section, 'retain genetic information '
has the meaning given that term in ORS 192.531. + }
  '  { +  SECTION 6. + } ORS 192.531 is amended to read:
  ' 192.531. As used in ORS 192.531 to 192.549:
  ' (1) 'Anonymous research' means scientific or medical genetic
research conducted in such a manner that any DNA sample or
genetic information used in the research is unidentified.
  ' (2) 'Blanket informed consent' means that the individual has
consented to the use of the individual's DNA sample or health
information for any future research, but has not been provided
with a description of or consented to the use of the sample in
genetic research or any specific genetic research project.
  ' (3) 'Blood relative' means a person who is:
  ' (a) Related by blood to an individual; and
  ' (b) A parent, sibling, son, daughter, grandparent,
grandchild, aunt, uncle, first cousin, niece or nephew of the
individual.
  ' (4) 'Clinical' means relating to or obtained through the
actual observation, diagnosis or treatment of patients and not
through research.
  ' (5) 'Coded' means identifiable only through the use of a
system of encryption that links a DNA sample or genetic
information to an individual or the individual's blood relative.
A coded DNA sample or genetic information is supplied by a
repository to an investigator with a system of encryption.
  ' (6) 'Deidentified' means lacking, or having had removed, the
identifiers or system of encryption that would make it possible
for a person to link a DNA sample or genetic information to an
individual or the individual's blood relative, and neither the
investigator nor the repository can reconstruct the identity of
the individual from whom the sample or information was obtained.
Deidentified DNA samples and genetic information must meet the
standards provided in 45 C.F.R. 164.502(d) and 164.514(a) to
(c) { + , as in effect on the effective date of this 2007
Act + }.
  ' (7) 'Disclose' means to release, publish or otherwise make
known to a third party a DNA sample or genetic information.
  ' (8) 'DNA' means deoxyribonucleic acid.
  ' (9) 'DNA sample' means any human biological specimen that is
obtained or retained for the purpose of extracting and analyzing
DNA to perform a genetic test. 'DNA sample' includes DNA
extracted from the specimen.
  ' (10) 'Genetic characteristic' includes a gene, chromosome or
alteration thereof that may be tested to determine the existence
or risk of a disease, disorder, trait, propensity or syndrome, or
to identify an individual or a blood relative.  ' Genetic
characteristic' does not include family history or a genetically
transmitted characteristic whose existence or identity is
determined other than through a genetic test.
  ' (11) 'Genetic information' means information about an
individual or the individual's blood relatives obtained from a
genetic test.
  ' (12) 'Genetic privacy statutes' means ORS 192.531 to 192.549,
659A.303 and 746.135 and the provisions of ORS 659A.300 relating
to genetic testing.
  ' (13) 'Genetic research' means research using DNA samples,
genetic testing or genetic information.
  ' (14) 'Genetic test' means a test for determining the presence
or absence of genetic characteristics in an individual or the
individual's blood relatives, including tests of nucleic acids
such as DNA, RNA and mitochondrial DNA, chromosomes or proteins
in order to diagnose or determine a genetic characteristic.
  ' (15) 'Health care provider' has the meaning given that term
in ORS 192.519.
  ' (16) 'Identifiable' means capable of being linked to the
individual or a blood relative of the individual from whom the
DNA sample or genetic information was obtained.
  ' (17) 'Identified' means having an identifier that links, or
that could readily allow the recipient to link, a DNA sample or
genetic information directly to the individual or a blood
relative of the individual from whom the sample or information
was obtained.
  ' (18) 'Identifier' means data elements that directly link a
DNA sample or genetic information to the individual or a blood
relative of the individual from whom the sample or information
was obtained. Identifiers include, but are not limited to, names,
telephone numbers, electronic mail addresses, Social Security
numbers, driver license numbers and fingerprints.
  ' (19) 'Individually identifiable health information' has the
meaning given that term in ORS 192.519.
  ' (20) 'Obtain genetic information' means performing or getting
the results of a genetic test.
  ' (21) 'Person' has the meaning given in ORS 433.045.
  ' (22) 'Research' means a systematic investigation, including
research development, testing and evaluation, designed to develop
or contribute to generalized knowledge.
  ' (23) 'Retain a DNA sample' means the act of storing the DNA
sample.
  ' (24) 'Retain genetic information' means making a record of
the genetic information.
  ' (25) 'Unidentified' means deidentified or not identifiable.
  '  { +  SECTION 7. + }  { + Section 8 of this 2007 Act is added
to and made a part of ORS 746.600 to 746.690. + }
  '  { +  SECTION 8. + }  { + (1) Notwithstanding ORS 192.537
(3), a health insurer may retain genetic information of an
individual without obtaining an authorization from the individual
or a personal representative of the individual if the retention
is for treatment, payment or health care operations by the
insurer.
  ' (2) Notwithstanding ORS 192.539 (1), a health insurer may
disclose genetic information of an individual without obtaining
an authorization from the individual or a personal representative
of the individual if the insurer discloses the genetic
information in accordance with ORS 746.607 (3).
  ' (3) As used in this section, 'retain genetic information '
has the meaning given that term in ORS 192.531.
  ' (4) As used in this section, 'health care operations' does
not include underwriting activities.
  ' (5) Nothing in this section shall be construed to interfere
with or limit the requirements of ORS 746.135. + }
  '  { +  SECTION 9. + }  { + Sections 5 and 8 of this 2007 Act
apply to genetic information obtained before, on or after the
effective date of this 2007 Act. + }
  '  { +  SECTION 10. + }  { + This 2007 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2007 Act
takes effect on its passage. + } ' .
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