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38 U.S.C. § 7333 — Nondiscrimination against alcohol and drug abusers and persons infected with the human immunodeficiency virus

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7333 — Nondiscrimination against alcohol and drug abusers and persons infected with the human immunodeficiency virus

**(a)** Veterans eligible for treatment under chapter 17 of this title who are alcohol or drug abusers or who are infected with the human immunodeficiency virus shall not be discriminated against in admission or treatment by any Department health-care facility solely because of their alcohol or drug abuse or dependency or because of their viral infection. **(b)** The Secretary shall prescribe regulations for the enforcement of this section. Such regulations, with respect to the admission and treatment of such veterans who are alcohol or drug abusers, shall be prescribed in accordance with [section 7334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7334&num=0&edition=prelim).

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Source location: Title 38, Chapter 73, § 7333; chapter-073-veterans-health-administration-organization-and-functions.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7334 — Regulations

**(a)** Regulations prescribed by the Secretary under [section 7331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7331&num=0&edition=prelim), [section 7332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7332&num=0&edition=prelim) with respect to the confidentiality of alcohol and drug abuse medical records, and [section 7333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7333&num=0&edition=prelim) with respect to alcohol or drug abusers shall, to the maximum extent feasible consistent with other provisions of this title, make applicable the regulations described in subsection (b) to the conduct of research and to the provision of hospital care, nursing home care, domiciliary care, and medical services under this title. **(b)** The regulations referred to in subsection (a) are— (1) regulations governing human experimentation and informed consent prescribed by the Secretary of Health and Human Services, based on the recommendations of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, established by section 201 of the National Research Act (Public Law 93–348; 88 Stat. 348); and (2) regulations governing (A) the confidentiality of drug and alcohol abuse medical records, and (B) the admission of drug and alcohol abusers to private and public hospitals, prescribed pursuant to the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 ([42 U.S.C. 4551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4551&num=0&edition=prelim) et seq.) and the Drug Abuse Office and Treatment Act of 1972 ([21 U.S.C. 1101](https://uscode.house.g

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7333 — Nondiscrimination against alcohol and

Page 1203 TITLE 38—VETERANS’ BENEFITS § 7334 1 See References in Text note below. subsequent offense, up to the maximum amount pro- vided under section 3301(f) of this title for a subsequent offense under that section.’’ for ‘‘shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent of- fense’’. § 7333. Nondiscrimination against alcohol and drug abusers and persons infected with the human immunodeficiency virus (a) Veterans eligible for treatment under chap- ter 17 of this title who are alcohol or drug abus- ers or who are infected with the human im- munodeficiency virus shall not be discriminated against in admission or treatment by any De- partment health-care facility solely because of their alcohol or drug abuse or dependency or be- cause of their viral infection. (b) The Secretary shall prescribe regulations for the enforcement of this section. Such regula- tions, with respect to the admission and treat- ment of such veterans who are alcohol or drug abusers, shall be prescribed in accordance with section 7334 of this title. (Added Pub. L. 94–581, title I, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2850, § 4133; amended Pub. L. 100–322, title I, § 122(a), May 20, 1988, 102 Stat. 503; renumbered § 7333 and amended Pub. L. 102–40, title IV, §§ 401(a)(4)(A), 402(d)(1), 403(a)(1), (2), May 7, 1991, 105 Stat. 221, 239.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40, § 401(a)(4)(A), renumbered section 4133 of this title as this section. Subsec. (a). Pub. L. 102–40, § 403(a)(2), substituted ‘‘De- partment’’ for ‘‘Veterans’ Administration’’. Subsec. (b). Pub. L. 102–40, §§ 402(d)(1), 403(a)(1), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ and ‘‘7334’’ for ‘‘4134’’. 1988—Pub. L. 100–3

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