Oregon Health Authority
Public Health Division - Chapter 333
Division 25
GENETIC INFORMATION AND PRIVACY
333-025-0135
Information Concerning Deceased Individuals
(1) Anyone permitted by Oregon law to dispose of the body of a deceased individual or who is authorized by ORS 146.113 to 146.117 to submit the DNA sample of an unidentified deceased individual to a DNA diagnostic laboratory may obtain or retain genetic information for the purpose of identification of the deceased. After identification, relevant information concerning the death shall be submitted into the permanent medical record of the deceased.
(2) A DNA sample of or genetic information about a deceased individual may be used for medical diagnosis of blood relatives of the individual and for no other purpose except as otherwise authorized by law. A request to use a sample or information for such purpose may be made by:
(a) A representative designated by the decedent to act on the individual's behalf after death;
(b) The closest surviving blood relative of the decedent; or
(c) If there is more than one surviving blood relative of the same degree of relationship to the decedent, by the majority of the surviving closest blood relatives of the decedent.
(3) A DNA sample sent to a diagnostic laboratory for testing under Section (1) or (2) of this rule must be accompanied by an affidavit stating that the specific purpose for obtaining the DNA sample is to identify the deceased individual or is for medical diagnosis of blood relatives of the decedent, and for no other purpose.
(4) A person may use an individual's DNA sample or genetic information that is derived from a biological specimen or clinical individually identifiable health information for anonymous research or coded research, if the individual was deceased when the individual's biological specimen or clinical individually identifiable health information was obtained (OAR 333-025-0120).
Statutory/Other Authority: ORS 192.535, 192.537 & 192.539
Statutes/Other Implemented: ORS 192.535, 192.537 & 192.539
History:
PH 21-2005, f. 12-30-05, cert. ef. 1-1-06
PH 9-2004, f. & cert. ef. 3-23-04
PH 16-2003(Temp), f. & cert. ef. 10-27-03 thru 4-16-04
Renumbered from 333-024-0500 by OHD 14-2002, f. & cert. ef. 9-27-02
HD 1-1997, f. & cert. ef. 1-10-97