Chapter 921 Oregon Laws 1999
Session Law
AN ACT
SB 937
Relating to genetics;
creating new provisions; amending ORS 659.700; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 659.700 is amended to read:
659.700. As used in ORS 659.700 to 659.720:
(1) "Anonymous research" means:
(a) Scientific or medical
research conducted in such a manner that the identity of [a person] an individual
who has provided a sample, or the identity of [a person] an individual
from whom genetic information has been obtained, cannot be determined; or
(b) Scientific or medical
research conducted in accordance with the Federal Policy for the Protection of
Human Subjects with the approval of an institutional review board established
in accordance with that policy.
(2) "DNA" means deoxyribonucleic acid.
(3) "DNA sample" means any human biological specimen
from which DNA was extracted, or any human biological specimen that is obtained
or retained for the purpose of extracting and analyzing DNA to determine a
genetic characteristic. "DNA sample" includes DNA extracted from the
specimen.
(4) "Genetic characteristic" means any gene or
chromosome, or alteration thereof, that is scientifically or medically believed
to cause a disease, disorder or syndrome, or to be associated with
statistically increased risk of development of a disease, disorder or syndrome.
(5) "Genetic information" is the information about an
individual or family obtained from:
(a) A genetic test; or
(b) An individual's DNA sample.
(6) "Genetic test" means a test for determining the
presence or absence of genetic characteristics in an individual, including
tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or
proteins in order to diagnose a genetic characteristic.
(7) "Insurance provider" means an insurance company,
health care service contractor, fraternal benefit organization, insurance
agent, third party administrator, insurance support organization or other
person subject to regulation by the Insurance Code.
(8) "Person" has the meaning given in ORS 433.045.
SECTION 2.
ORS 659.700, as amended by section 1 of this 1999 Act, is amended to read:
659.700. As used in ORS 659.700 to 659.720:
(1) "Anonymous research" means[:]
[(a)] scientific or
medical research conducted in such a manner that the identity of [an individual] a person who has provided a sample, or the identity of [an individual] a person from whom genetic information has been obtained, cannot be
determined[; or]
[(b) Scientific or
medical research conducted in accordance with the Federal Policy for the
Protection of Human Subjects with the approval of an institutional review board
established in accordance with that policy].
(2) "DNA" means deoxyribonucleic acid.
(3) "DNA sample" means any human biological specimen
from which DNA was extracted, or any human biological specimen that is obtained
or retained for the purpose of extracting and analyzing DNA to determine a
genetic characteristic. "DNA sample" includes DNA extracted from the
specimen.
(4) "Genetic characteristic" means any gene or
chromosome, or alteration thereof, that is scientifically or medically believed
to cause a disease, disorder or syndrome, or to be associated with
statistically increased risk of development of a disease, disorder or syndrome.
(5) "Genetic information" is the information about an
individual or family obtained from:
(a) A genetic test; or
(b) An individual's DNA sample.
(6) "Genetic test" means a test for determining the
presence or absence of genetic characteristics in an individual, including
tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or
proteins in order to diagnose a genetic characteristic.
(7) "Insurance provider" means an insurance company,
health care service contractor, fraternal benefit organization, insurance
agent, third party administrator, insurance support organization or other
person subject to regulation by the Insurance Code.
(8) "Person" has the meaning given in ORS 433.045.
SECTION 3. The amendments to ORS 659.700 by section 2
of this 1999 Act become operative on January 1, 2002.
SECTION 4. (1) The Office for Oregon Health Plan
Policy and Research shall establish a Genetic Research Advisory Committee. The
committee shall study the use and disclosure of genetic information and shall
develop a legal framework that defines the rights of individuals whose DNA
samples and genetic information are collected, stored, analyzed and disclosed.
(2) The Genetic Research
Advisory Committee shall consist of representatives appointed by each of the
following:
(a) President of the Senate;
(b) Speaker of the House of
Representatives;
(c) Oregon Health Sciences
University;
(d) Oregon Genetic Privacy
Advisory Committee;
(e) Oregon Medical
Association;
(f) Oregon Association of
Hospitals and Health Systems;
(g) Health Division;
(h) Department of Consumer
and Business Services;
(i) Kaiser Permanente Center
for Health Research;
(j) Oregon Biosciences
Association;
(k) Pharmaceutical Research
and Manufacturers of America; and
(L) Health care consumers.
(3) The Office for Oregon
Health Plan Policy and Research shall provide staff for the Genetic Research
Advisory Committee. The office may seek public and private funds to assist in
the work of the committee.
(4) The Genetic Research
Advisory Committee shall report to the Seventy-first Legislative Assembly in
the manner provided by ORS 192.245 on the results of its studies and shall make
any recommendations for legislative changes deemed necessary for the implementation
of the recommendations of the committee.
SECTION 5. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect on its passage.
Approved by the Governor
August 2, 1999
Filed in the office of
Secretary of State August 2, 1999
Effective date August 2,
1999
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