(1) The Oregon Health Authority may require a person requesting prescription monitoring program information under ORS § 431A.865 (3)(b) to enter into a data use agreement under which the person:

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(a) Describes the proposed use for the information;

(b) Agrees to any terms and conditions imposed on transferring the information;

(c) Agrees to any limitations imposed on using the information;

(d) Agrees to any terms and conditions imposed on keeping the information; and

(e) Agrees to destroy the information after completing the proposed use for the information.

(2) In determining whether to enter into an agreement under this section, the authority shall:

(a) Ensure that the agreement will benefit the health and safety of Oregonians;

(b) Determine whether the person making the request has the technical competence needed to meet any terms, conditions or limitations imposed under subsection (1) of this section and the ability to complete the proposed use for the information;

(c) If the proposed use for the information involves research, ensure that the proposed use has been approved by any involved institutional review board; and

(d) Consider any other factor that the authority determines is relevant.

(3) Using the factors described in subsection (2) of this section, the authority shall evaluate any agreement entered into under this section at least once per year for the purpose of determining whether to renew the agreement. [2017 c.683 § 18; 2019 c.470 § 11; 2019 c.583 § 19]