Or. Admin. Code § 333-056-0045 - Exemptions for Removal of Human Pathological Waste, Including Placentas, From a Health Care Facility
(1)
Notwithstanding any other provision in OAR chapter 333, division 56 or ORS
459.386 to
459.405, a health care facility
is authorized to release pathological waste other than a placenta to the donor
of the pathological waste or to an authorized representative of the donor, if
the recipient attests in writing that the pathological waste will be disposed
of by cremation, interment, or other means in accordance with ORS chapter 97,
and the facility complies with sections (4) and (5) of this rule.
(2) Notwithstanding any other provision in
OAR chapter 333, division 56 or ORS
459.386 to
459.405, a health care facility
may release a placenta to the individual from whom the placenta originated, or
to their designee, if the facility complies with sections (3) to (5) of this
rule, and the individual or their designee and the individual's health care
provider sign a form that contains at least the following:
(a) The individual's name, date of birth,
address and the name of the health care provider;
(b) An attestation by the individual or their
designee that the placenta will not be used for commercial purposes;
and
(c) An attestation by the
health care provider that:
(A) Since the
beginning of the pregnancy the individual tested negative for infection by
hepatitis B and human immunodeficiency viruses;
(B) The individual either tested negative for
hepatitis C virus since the beginning of the pregnancy or is not at risk for
hepatitis C; and
(C) To the health
care provider's knowledge, the individual has no infection that poses a threat
to persons who handle the placenta.
(3) The health care facility must keep a copy
of the signed attestations described in section (2) of this rule in the
individual's medical record.
(4)
Health care facilities that release placentas or other pathological waste must
have and implement a written policy and procedure that:
(a) Specify when placentas or other
pathological waste will be released;
(b) Specify how the release will occur in
order to ensure compliance with this rule;
(c) Ensure the safe management and transport
of placentas or other pathological waste; and
(d) Identify a procedure for patients to
submit complaints about the facility's process for releasing pathological waste
or about the implementation of that process.
(5) Health care facilities shall make
policies and procedures developed in accordance with section (4) of this rule
available to the Public Health Division upon request.
(6) Nothing in this rule prohibits a health
care facility from having additional requirements for the removal of a placenta
from the facility.
(7) Nothing in
this rule exempts facilities from other state or federal laws, including but
not limited to the Resource Conservation and Recovery Act, regarding handling
of pathological waste.
(8) The
Oregon Health Authority recognizes that facilities that release pathological
waste in accordance with these rules may help to support the final disposition
of body parts in accordance with an individual's traditions, cultural beliefs,
customs, and ceremonies.
Notes
Statutory/Other Authority: ORS 431.110, 433.004, 459.400, 97.010 & 97.745
Statutes/Other Implemented: ORS 431.110, 433.004, 459.400, 97.010, 97.745, 459.386 & 459.395
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