74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1592
 
                           A-Engrossed
 
                         Senate Bill 341
                  Ordered by the Senate April 6
            Including Senate Amendments dated April 6
 
Sponsored by Senators MONNES ANDERSON, WALKER; Senator MORRISETTE
  (Presession filed.)
 
 
                             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.
 
    { - Requires that health care facility performing organ or
tissue transplants be accredited by certain organization. - }
    { - Requires that tissue banks be accredited by certain
organization. Requires that tissue bank personnel be certified by
certain organization. - }
    { - Requires that health care facility use organ procurement
organization. - }
   { +  Requires tissue banks and eye banks to be registered and
regulated by United States Food and Drug Administration.
  Requires health care facility performing organ transplants to
be member of Organ Procurement and Transplantation Network and to
use organ procurement organization.
  Requires health facility performing tissue or corneal
transplants to obtain tissue or corneas from registered and
regulated tissue bank or eye bank.
  Requires Department of Human Services to adopt by rule
standards and system of registration for organ procurement
organizations, tissue banks and eye banks. Requires organizations
and banks to register with department. Establishes civil
penalties for noncompliance with standards or registration
requirements. + }
 
                        A BILL FOR AN ACT
Relating to transplants.
Be It Enacted by the People of the State of Oregon:
  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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