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38 U.S.C. § 7319 — Mammography quality standards

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

38 U.S.C. § 7319 — Mammography quality standards

**(a)** A mammogram may not be performed at a Department facility unless that facility is accredited for that purpose by a private nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet the standards for accrediting bodies established under subsection (e) of section 354 of the Public Health Service Act ([42 U.S.C. 263b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section263b&num=0&edition=prelim)). **(b)** The Secretary, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and interpretation of mammograms and use of mammogram equipment and facilities of the Department of Veterans Affairs consistent with the requirements of section 354(f)(1) of the Public Health Service Act. Such standards shall be no less stringent than the standards prescribed by the Secretary of Health and Human Services under section 354(f) of the Public Health Service Act. **(c)** (1) The Secretary, to ensure compliance with the standards prescribed under subsection (b), shall provide for an annual inspection of the equipment and facilities used by and in Department health care facilities for the performance of mammograms. Such inspections shall be carried out in a manner consistent with the inspection of certified facilities by the Secretary of Health and Human Services under section 354(g) of the Public Health Service Act. (2) The Secretary may not provide for an inspection under paragraph (1) to be performed by a State agency. **(d)** The Secretary shall ensure that mammograms performed for the Department under contract with any non-Department facility or provider conform to the quality stand

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Source location: Title 38, Chapter 73, § 7319; chapter-073-veterans-health-administration-organization-and-functions.md

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**(a)** A mammogram may not be performed at a Department facility unless that facility is accredited for that purpose by a private nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet the standards for accrediting bodies established under subsection (e) of section 354 of the Public Health Service Act ([42 U.S.C. 263b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section263b&num=0&edition=prelim)). **(b)** The Secretary, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and interpretation of mammograms and use of mammogram equipment and facilities of the Department of Veterans Affairs consistent with the requirements of section 354(f)(1) of the Public Health Service Act. Such standards shall be no less stringent than the standards prescribed by the Secretary of Health and Human Services under section 354(f) of the Public Health Service Act. **(c)** (1) The Secretary, to ensure compliance with the standards prescribed under subsection (b), shall provide for an annual inspection of the equipment and facilities used by and in Department health care facilities for the performance of mammograms. Such inspections shall be carried out in a manner consistent with the inspection of certified facilities by the Secretary of Health and Human Services under section 354(g) of the Public Health Service Act. (2) The Secretary may not provide for an inspection under paragraph (1) to be performed by a State agency. **(d)** The Secretary shall ensure that mammograms performed for the Department under contract with any non-Department facility or provider conform to the quality standards prescribed by the Secretary of Health and Human Services under section 354 of the Public Health Service Act. **(e)** For the purposes of this section, the term “mammogram” has the meaning given such term in paragraph (5) of section 354(a) of the Public Health Service Act.

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

42 U.S.C. § 263b — Certification of mammography facilities

**(a) Definitions** As used in this section: (1) **Accreditation body** — The term “accreditation body” means a body that has been approved by the Secretary under subsection (e)(1)(A) to accredit mammography facilities. (2) **Certificate** — The term “certificate” means the certificate described in subsection (b)(1). (3) **Facility** (A) *In general* — The term “facility” means a hospital, outpatient department, clinic, radiology practice, or mobile unit, an office of a physician, or other facility as determined by the Secretary, that conducts breast cancer screening or diagnosis through mammography activities. Such term does not include a facility of the Department of Veterans Affairs. (B) *Activities* — For the purposes of this section, the activities of a facility include the operation of equipment to produce the mammogram, the processing of the film, the initial interpretation of the mammogram and the viewing conditions for that interpretation. Where procedures such as the film processing, or the interpretation of the mammogram are performed in a location different from where the mammogram is performed, the facility performing the mammogram shall be responsible for meeting the quality standards described in subsection (f). (4) **Inspection** — The term “inspection” means an onsite evaluation of the facility by the Secretary, or State or local agency on behalf of the Secretary. (5) **Mammogram** — The term “mammogram” means a radiographic image produced through mammography. (6) **Mammography** — The term “mammography” means radiography of the breast. (7) **Survey** — The term “survey” means an onsite physics consultation and evaluation performed by a medical physicist as described in subsection (f)(1)(E). (8) **Review physician** — The term “review phys

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

38 U.S.C. § 7319 — Mammography quality standards

Page 1181 TITLE 38—VETERANS’ BENEFITS § 7320 § 1202(e)(2), Nov. 2, 1994, 108 Stat. 4689, provided that: ‘‘In order to establish the National Center for Preventive Health pursuant to section 7318 of title 38, United States Code, as added by subsection (a), the Under Sec- retary for Health of the Department of Veterans Affairs shall solicit proposals from Department health care fa- cilities to establish the center. The Under Secretary for Health shall establish such center at the facility or fa- cilities which the Under Secretary for Health deter- mines, on the basis of a review and analysis of such proposals, would most effectively carry out the pur- poses set forth in subsection (b) of such section.’’ § 7319. Mammography quality standards (a) A mammogram may not be performed at a Department facility unless that facility is ac- credited for that purpose by a private nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet the standards for ac- crediting bodies established under subsection (e) of section 354 of the Public Health Service Act (42 U.S.C. 263b). (b) The Secretary, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and inter- pretation of mammograms and use of mammo- gram equipment and facilities of the Depart- ment of Veterans Affairs consistent with the re- quirements of section 354(f)(1) of the Public Health Service Act. Such standards shall be no less stringent than the standards prescribed by the Secretary of Health and Human Services under section 354(f) of the Public Health Service Act. (c)(1) The Secretary, to ensure compliance with the standards prescri

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

42 U.S.C. § 263b — Certification of mammography facilities

Page 488 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 263a–6 (Pub. L. 102–493, § 6, Oct. 24, 1992, 106 Stat. 3151.) Editorial Notes CODIFICATION Section was enacted as part of the Fertility Clinic Success Rate and Certification Act of 1992, and not as part of the Public Health Service Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504. EFFECTIVE DATE Section effective upon expiration of 2 years after Oct. 24, 1992, see section 9 of Pub. L. 102–493, set out as a note under section 263a–1 of this title. § 263a–6. Fees The Secretary may require the payment of fees for the purpose of, and in an amount suffi- cient to cover the cost of, administering sec- tions 263a–1 to 263a–7 of this title. A State oper- ating a program under section 263a–2 of this title may require the payment of fees for the purpose of, and in an amount sufficient to cover the costs of, administering its program. (Pub. L. 102–493, § 7, Oct. 24, 1992, 106 Stat. 3151.) Editorial Notes REFERENCES IN TEXT Sections 263a–1 to 263a–7 of this title, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 102–493, Oct. 24, 1992, 106 Stat. 3146, known as the Fer- tility Clinic Success Rate and Certification Act of 1992, which enacted sections 263a–1 to 263a–7 of this title and provisions set out as notes under sections 201 and 263a–1 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. CODIFICATION Section was enacted as part of the Fertility Clinic Success Rate and Certification Act of 1992, and not

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