OAR 943-014-0060
Uses and Disclosures of Protected Information for Research Purposes
(1)
All research disclosures are subject to applicable requirements of federal and state laws and rules including but not limited to 45 CFR part 46 and 21 CFR part 50.0 to 50.56, relating to the protection of human research subjects.(2)
The Authority may use and disclose de-identified information or a limited data set for research purposes, pursuant to OAR 943-014-0070 (De-identification of Client Information and Use of Limited Data Sets under Data Use Agreements).(3)
The Authority may use and disclose information regarding an individual for research purposes with the specific written authorization of the individual. The authorization must meet all requirements in OAR 943-014-0030 (Client Privacy Rights), and may indicate an expiration date with terms such as “end of research study” or similar language. An authorization for use and disclosure for a research study may be combined with other types of written authorization for the same research study. If research includes treatment, the researcher may require an authorization for use and disclosure for the research as a provision of providing research related treatment.(4)
Notwithstanding section (3) of this rule, the Authority may use and disclose an individual’s information for research purposes without the individual’s written authorization, regardless of the source of funding for the research, provided that:(a)
The Authority obtains documentation that a waiver of an individual’s authorization for release of information requirements has been approved by an IRB registered with the Office for Human Research Protection. Documentation required of an IRB when granting approval of a waiver of an individual’s authorization for release of information must include all criteria specified in 45 CFR part 164.512(i)(2).(b)
A researcher may request access to individual information maintained by the Authority in preparation for research or to facilitate the development of a research protocol in anticipation of research. The Authority may determine whether to permit such use or disclosure, without individual authorization or use of an IRB, pursuant to 45 CFR part 164.512(i)(1)(ii).(c)
A researcher may request access to individual information maintained by the Authority about deceased individuals. The Authority may determine whether to permit such use or disclosure of information about decedents, without individual authorization or use of an IRB, pursuant to 45 CFR part 164.512(i)(1)(iii).(5)
The Authority, as a public health authority, may obtain and use individual information without authorization for the purpose of preventing injury or controlling disease and for the conduct of public health surveillance, investigations, and interventions. The Authority may also collect, use, or disclose information, without individual authorization, to the extent that the collection, use, or disclosure is required by law. When the Authority uses information to conduct studies as a public health authority, no additional individual authorization is required nor does this rule require an IRB or privacy board waiver of authorization based on the HIPAA privacy rules.(6)
The Authority may use and disclose information without individual authorization for studies and data analysis conducted for the Authority’s own quality assurance purposes or to comply with reporting requirements applicable to federal or state funding requirements in accordance with the definition of “Health Care Operations” in 45 CFR part 164.501.
Source:
Rule 943-014-0060 — Uses and Disclosures of Protected Information for Research Purposes, https://secure.sos.state.or.us/oard/view.action?ruleNumber=943-014-0060.