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Tissue Banking Overview: Washington University Medical Center

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8/21/2012<br />

WUMC Biobanking 2011<br />

Regulatory Requirements<br />

• For biospecimen procurement, risks are mainly breach of confidentiality.<br />

• HIPAA: (45 CFR Parts 160 and 164) Conditions under which PHI may be<br />

used or disclosed by Covered Entities for research purposes:<br />

• “Safe Harbor” method: Lists 18 specific types of data elements that<br />

must be removed; de-identified data does not constitute PHI and<br />

therefore can be freely disclosed.<br />

• Statistical method.<br />

• The “limited data set”: Requires removal of 16 elements and an<br />

agreement to be executed limiting the use of the data<br />

• Requirements of individual institutions / IRBs<br />

• FDA Rule for Human Subjects Research (21 CFR Part 50)<br />

• State law<br />

• Intellectual Property / Materials Transfer / Legal Requirements<br />

21

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