74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 341
Sponsored by Senators MONNES ANDERSON, WALKER; Senator MORRISETTE
(Presession filed.)
CHAPTER ................
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.
Enrolled Senate Bill 341 (SB 341-A) Page 1
(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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Passed by Senate April 11, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 21, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 341 (SB 341-A) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 341 (SB 341-A) Page 3