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38 U.S.C. § 7331 — Informed consent
Federal law — U.S. Code and appendices · legal_authorities
The Secretary, upon the recommendation of the Under Secretary for Health and pursuant to the provisions of [section 7334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7334&num=0&edition=prelim), shall prescribe regulations establishing procedures to ensure that all medical and prosthetic research carried out and, to the maximum extent practicable, all patient care furnished under this title shall be carried out only with the full and informed consent of the patient or subject or, in appropriate cases, a representative thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7331
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Stable record: federal_law:legal_authorities:record_usc_7e2b2a035777e62979c9b085
Source file: Laws/federal/codes/united-states-code/title-38/section-7331-informed-consent--e296483406.md
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Source location: Title 38, Chapter 73, § 7331; chapter-073-veterans-health-administration-organization-and-functions.md
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The Secretary, upon the recommendation of the Under Secretary for Health and pursuant to the provisions of [section 7334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7334&num=0&edition=prelim), shall prescribe regulations establishing procedures to ensure that all medical and prosthetic research carried out and, to the maximum extent practicable, all patient care furnished under this title shall be carried out only with the full and informed consent of the patient or subject or, in appropriate cases, a representative thereof.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls.
**(b)**
(1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible:
(A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability.
(B) A veteran with a service-connected disability rated at 30 percent or more.
(C) A veteran receiving pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim).
(D) A veteran (i) who is not traveling by air and whose annual income (as determined under [secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7334
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Records of the identity, diagnosis, prognosis, or treatment of any patient or subject which are maintained in connection with the performance of any program or activity (including education, training, treatment, rehabilitation, or research) relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia which is carried out by or for the Department under this title shall, except as provided in subsections (e) and (f), be confidential, and ([section 5701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5701&num=0&edition=prelim) to the contrary notwithstanding) such records may be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
(2) Paragraph (1) prohibits the disclosure to any person or entity other than the patient or subject concerned of the fact that a special written consent is required in order for such records to be disclosed.
**(b)**
(1) The content of any record referred to in subsection (a) may be disclosed by the Secretary in accordance with the prior written consent of the patient or subject with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed by the Secretary.
(2) Whether or not any patient or subject, with respect to whom any given record referred to in subsection (a) is maintained, gives written consent, the content of such record may be disclosed by the Secretary as follows:
(A) To medical personnel to the extent necessary to meet a bona fide medical emergency.
(B) To qualified personnel for the purpose of conducting scientific research, management audits, financial aud
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7332
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Federal law — U.S. Code and appendices · legal_authorities
Page 1200
TITLE 38—VETERANS’ BENEFITS
§ 7330D
(F) develop recommendations regarding both
short- and long-term priorities for health care
services furnished under the laws administered
by the Secretary;
(G) after consultation with veterans service
organizations and other key stakeholders on
survey development or modification of an ex-
isting survey, consider a survey of veterans
who have used hospital care, medical services,
or extended care services furnished by the Vet-
erans Health Administration during the most
recent 2-year period to assess the satisfaction
of the veterans with service and quality of
care;
(H) conduct a comprehensive examination of
programs and policies of the Department re-
garding the delivery of health care services
and the demand of health care services for vet-
erans in future years;
(I) assess the remediation of medical service
lines of the Department as described in section
1706A of this title in conjunction with the uti-
lization of non-Department entities or pro-
viders to offset remediation; and
(J) consider such other matters as the Sec-
retary considers appropriate.
(c) RESPONSIBILITIES.—The Secretary shall be
responsible for—
(1) overseeing the transformation and orga-
nizational change across the Department to
achieve a high-performing integrated health
care network;
(2) developing the capital infrastructure
planning and procurement processes, whether
minor or major construction projects or
leases; and
(3) developing a multi-year budget process
that is capable of forecasting future year
budget requirements and projecting the cost of
delivering health care services under such a
high-performing integrated health care net-
work.
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘ap
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7331
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