(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 July 17, 2007.
(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 192.556.
(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 192.556.
(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. [Formerly 659.700; 2003 c.333 §1; 2005 c.678 §1; 2007 c.800 §6]
Note: 192.531 to 192.549 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 192 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 192 - Records; Public Reports and Meetings
Section 192.001 - Policy concerning public records.
Section 192.005 - Definitions for ORS 192.005 to 192.170.
Section 192.170 - Disposition of materials without authorization.
Section 192.173 - Records and reports required by law to be in English; penalty.
Section 192.180 - Coordination of executive department response to public records request.
Section 192.183 - Compiling public records stored in electronic form; rules.
Section 192.191 - Department of Justice information sharing guide.
Section 192.210 - Definitions for ORS 192.210 and 192.220.
Section 192.220 - Standardized report forms; exemptions.
Section 192.230 - Definitions for ORS 192.235 to 192.245.
Section 192.235 - Policy for ORS 192.230 to 192.250.
Section 192.240 - Duties of state agency issuing report.
Section 192.243 - Availability of report on Internet; rules.
Section 192.245 - Form of report to legislature.
Section 192.270 - Definitions for ORS 192.270 and 192.275.
Section 192.275 - Notice when report required; content; effect.
Section 192.311 - Definitions for ORS 192.311 to 192.478.
Section 192.314 - Right to inspect public records; notice to public body attorney.
Section 192.318 - Functions of custodian of public records; rules.
Section 192.329 - Public body’s response to public records request.
Section 192.340 - Attorney General catalog of exemptions from disclosure.
Section 192.345 - Public records conditionally exempt from disclosure.
Section 192.355 - Public records exempt from disclosure.
Section 192.363 - Contents of certain requests for disclosure.
Section 192.371 - Nondisclosure of public employee identification badge or card.
Section 192.377 - Required redaction of certain personal information.
Section 192.385 - Nondisclosure of certain public safety officer investigation records; exceptions.
Section 192.390 - Inspection of records more than 25 years old.
Section 192.395 - Health services costs.
Section 192.401 - Records of health professional regulatory boards, Health Licensing Office.
Section 192.422 - Petition form; procedure when petition received.
Section 192.461 - Public Records Advocate.
Section 192.464 - Facilitated dispute resolution services of Public Records Advocate.
Section 192.475 - Public records request training.
Section 192.477 - Public Records Advocate Fund.
Section 192.481 - Public Records Advisory Council.
Section 192.483 - Duties of Public Records Advisory Council; rules.
Section 192.485 - Definitions for ORS 192.485 to 192.513.
Section 192.488 - Open government impact statement.
Section 192.492 - Notification of change to public records laws.
Section 192.499 - Public records subcommittee.
Section 192.511 - Oregon Sunshine Committee; membership; duties; rules.
Section 192.513 - Review of exemptions from disclosure by Oregon Sunshine Committee.
Section 192.515 - Definitions for ORS 192.515 and 192.517.
Section 192.517 - Access to records of individual with disability or individual with mental illness.
Section 192.531 - Definitions for ORS 192.531 to 192.549.
Section 192.533 - Legislative findings; purposes.
Section 192.535 - Informed consent for obtaining genetic information.
Section 192.538 - Notice by health care provider regarding anonymous or coded research.
Section 192.539 - Disclosure of genetic information; exceptions.
Section 192.540 - Use of deceased individual’s DNA sample or genetic information for research.
Section 192.541 - Private right of action; remedies; affirmative defense; attorney fees.
Section 192.543 - Criminal penalty.
Section 192.545 - Enforcement; Attorney General or district attorney; intervention.
Section 192.547 - Oregon Health Authority rules; procedures.
Section 192.549 - Advisory Committee on Genetic Privacy and Research.
Section 192.551 - Health care records at colleges, universities.
Section 192.553 - Policy for protected health information.
Section 192.556 - Definitions for ORS 192.553 to 192.581.
Section 192.558 - Use or disclosure by health care provider or state health plan.
Section 192.561 - Disclosure by health care provider in coordinated care organization.
Section 192.563 - Health care provider and state health plan charges.
Section 192.566 - Authorization form.
Section 192.567 - Disclosure without authorization form.
Section 192.568 - Confidentiality; use and disclosure.
Section 192.571 - No right of action.
Section 192.573 - Personal representative of deceased individual.
Section 192.576 - Disclosure to individual appealing denial of Social Security benefits.
Section 192.579 - Allowed disclosure for coordinating care.
Section 192.581 - Allowed retention or disclosure of genetic information.
Section 192.582 - Confidentiality of bedbug infestation reports.
Section 192.583 - Definitions for ORS 192.583 to 192.607.
Section 192.586 - Disclosure of financial records prohibited; exceptions.
Section 192.591 - Disclosure to state court; procedure; limitations.
Section 192.593 - Authorization by customer for disclosure.
Section 192.596 - Disclosure under summons or subpoena; procedure.
Section 192.597 - Disclosure pursuant to abuse investigation; procedure; liability; affidavit.
Section 192.598 - Disclosure under search warrant.
Section 192.600 - Liability of financial institution for disclosure.
Section 192.602 - Time for compliance; reimbursement; exceptions.
Section 192.603 - Procedure for disclosure to law enforcement agency.
Section 192.610 - Definitions for ORS 192.610 to 192.690.
Section 192.650 - Recording or written minutes required; content; fees.
Section 192.670 - Meetings by means of telephone or electronic communication.
Section 192.685 - Additional enforcement of alleged violations of ORS 192.660.
Section 192.690 - Exceptions to ORS 192.610 to 192.690.
Section 192.695 - Prima facie evidence of violation required of plaintiff.
Section 192.715 - Short title.
Section 192.720 - Definitions for ORS 192.715 to 192.760.
Section 192.725 - Electronic record as official record.
Section 192.730 - Authentication of electronic official record.
Section 192.735 - Evidentiary rules concerning authenticated electronic record.
Section 192.740 - Preservation and security of electronic official record.
Section 192.745 - Availability for public use.
Section 192.750 - Implementation; considerations.
Section 192.755 - Uniform construction.
Section 192.760 - Relationship of ORS 192.715 to 192.760 to federal law.
Section 192.800 - Definitions for ORS 192.800 to 192.810.
Section 192.805 - Reimbursement required prior to disclosure; charges.
Section 192.820 - Definitions for ORS 192.820 to 192.868.
Section 192.822 - Address Confidentiality Program; substitute addresses.
Section 192.828 - Prohibitions; civil penalty.
Section 192.832 - Notice of change in name, address or telephone number.
Section 192.834 - Cancellation of certification.
Section 192.836 - Use of substitute address; waiver of requirement.
Section 192.842 - Use of actual or substitute address in specified circumstances.
Section 192.844 - Prohibition on disclosure of actual address or telephone number by public body.
Section 192.846 - Records of Department of Transportation; substitute address.
Section 192.848 - When Attorney General may disclose actual address or telephone number.
Section 192.854 - Application assistants; application assistance not legal advice.
Section 192.856 - Additional response time for notice or other paper.
Section 192.858 - Disclosures to participants.