OAR 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.