(1) A health care provider that is a covered entity as defined in ORS § 192.556 (2)(c) and that obtains an individual’s biological specimen or clinical individually identifiable health information shall notify the individual that the biological specimen or clinical individually identifiable health information may be disclosed or retained by the provider for anonymous research or coded research.

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(2) A health care provider that is not a covered entity as defined in ORS § 192.556 (2)(c) and that obtains an individual’s biological specimen or clinical individually identifiable health information may notify the individual that the biological specimen or clinical individually identifiable health information may be disclosed or retained by the provider for anonymous research or coded research.

(3) A health care provider described in subsection (1) of this section shall provide a notice to the individual describing how the biological specimen or clinical individually identifiable health information may be used and allowing the individual to request that the specimen or information not be disclosed or retained for anonymous research or coded research. The notice must contain a place where the individual may mark the individual’s request that the specimen or information not be disclosed or retained for anonymous research or coded research before returning the notice to the health care provider.

(4) The notice described in subsection (3) of this section:

(a) Must be given no later than when the provider obtains an individual’s biological specimen or clinical individually identifiable health information; and

(b) May be given at the same time and in the same manner as the notice of privacy practices required under the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. § parts 160 and 164. [2005 c.678 § 5]

See note under 192.531.