74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 341
 
LC 1592/SB 341-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 341
 
        By COMMITTEE ON HEALTH POLICY AND PUBLIC AFFAIRS
 
                             April 6
 
  Delete lines 4 through 20 of the printed bill and insert:
  '  { +  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 United States Food and Drug Administration.
  ' (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
United States Food and Drug Administration. + }
  '  { +  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. + } ' .
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