Current through Register Vol. 63, No. 9, September 1, 2024
(1) Nothing in
this section applies to a BIP's disclosure of its own aggregate or
non-personally identifying data, or the conduct of its own quality assurance
activities.
(2) Research. A BIP may
use and disclose participant information for research purposes consistent with
this rule. Before making use or disclosure of participant information for
research purposes, a BIP shall obtain the following in writing from an
independent researcher:
(a) Description of
specific actions the researcher shall take to ensure the safety,
confidentiality, and autonomy of victims;
(b) An adequate plan to protect participant
information from improper use or disclosure;
(c) Description of steps to ensure that any
victim or partner participation, or access to information about a victim or
partner by the researcher, shall be based solely on the victim's or partner's
informed consent obtained in a manner consistent with section (1)(d) of this
rule;
(d) Description of steps to
ensure that any procedure involving any victim, partner, or family member, and
other collateral contacts including but not limited to past or present
employers of the research participant, victim or partner, and a request for
participation in the research, shall be developed in consultation with a VP to
address victim or partner safety;
(e) Description of steps taken to ensure the
input and involvement of community-based domestic violence VPs in the design
and implementation of the project;
(f) Description of steps to ensure that the
research product shall:
(A) Report both
positive and negative data about BIP outcomes and the research participants if
applicable and acknowledge alternative hypotheses, modalities and
explanations;
(B) Include a
statement about the limitations of self-reporting in accurately measuring a
participant's progress, behavior, or attitudes/beliefs when the research
includes information based on self-reporting by participants, including
self-reports of program effectiveness; and
(C) Clarify that release for program
compliance does not provide any evidence that the participant is presently
non-abusive, describe present behavior outside the BIP, or predict future
behavior.
(g)
Description of a plan to destroy identifiable information at the earliest
opportunity or at the conclusion of the research, and to keep confidential any
information about, gathered from, or traceable to the victim or
partner;
(h) An agreement by the
researcher, and his or her agents, not to use or further disclose the research
information other than for purposes directly related to the research, and to
use appropriate safeguards to prevent misuse of that information;
(i) An agreement by the researcher, and his
or her agents, not to publicly identify the research participant or past or
current victims or partners; and
(j) An agreement by the researcher to follow
federal guidelines relating to Human Subject Research, 45 CFR Part 46, if
applicable.
(2)
Complaints about Research Conduct. The BIP or other researcher shall make
available a person independent of the BIP or other researcher with whom ethical
complaints about the conduct of the research can be filed, and establish a
procedure for such filing. The BIP or other researcher shall inform both the
participant and the victim or partner, and any other person or entity upon
request, about the complaint procedure.
(3) Reporting Research. The BIP shall require
a researcher conducting research on a BIP or BIPs to advise the LSA and the
Council about the nature, scope and intent of the
research.
Stat. Auth.: ORS
180.070 -
180.710
Stats. Implemented: ORS
180.070 -
180.710
