Concerning biobanks in private and public health care, those responsible for
the administration of the biobank decide whether to hand out samples to, for
instance, researchers or not.
Their decision may be tried by the National Board of Health and Welfare, but its
decision is not legally binding. Thus, the health care provider is allowed but
is under no obligation to grant access to biobanks material. Samples that are
handed out should normally be coded and the decision to grant access to them is
to be reported to the National Board of Health and Welfare within one month’s
time.
Samples that originate from a biobank administrated by a health care provider,
but that have been sent on to, for instance, a medical company or a research
institue, may as a rule not be shared with or given to another party. There are,
however, some exceptions to this rule. Biological samples from a biobank which
objective is medical treatment may be sent to another health care provider for
analysis or to obtain a statement. Further, material in a biobank with research
as an objective may be sent to another unit for research. Finally, samples that
have been sent to a company that runs clinical trials for medical products, and
that stores the samples, may be sent for analysis to another unit within the
company or to another company with which there is a contract.
Samples may be sent abroad under all these circumstances – they should then be
coded and be destroyed or returned when they are no longer needed for the
purpose for which they were handed out.
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