Q&A: Collecting tissue in the pathology department
HIPAA Weekly Advisor, September 7, 2009
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Q. May researchers use previously collected tissue that is held in the pathology department? Some donors are deceased; others are not.
A. Research projects require the approval of an institutional review board (IRB) or a privacy board that is structured much like an IRB. The IRB or privacy board reviews projects that require access to PHI and determines whether patient authorization is needed for each project.
In the case of tissue samples, the reviewing board may waive the requirement for patient authorization if samples are identified only by accession numbers, a common practice in pathology departments, or if patients will not be identified in the research data.
Editor’s note: Mary D. Brandt, MBA, RHIA, CHE, CHPS, answered this question. This is not legal advice. Consult your attorney regarding legal matters.
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