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42 U.S.C. § 274 — Organ procurement and transplantation network

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

42 U.S.C. § 274 — Organ procurement and transplantation network

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Source file: Laws/federal/codes/united-states-code/title-42/section-274-organ-procurement-and-transplantation-network--f0e576d19e.md
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Source location: Title 42, Chapter 6A, § 274; chapter-6a-public-health-service.md

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**(a) In general** The Secretary shall provide for the continued operation of an Organ Procurement and Transplantation Network which meets the requirements of subsection (b). The Secretary may award grants, contracts, or cooperative agreements, as the Secretary determines appropriate, for purposes of carrying out this section. **(b) Composition** (1) **In general.—** — The Organ Procurement and Transplantation Network shall— (A) be operated through awards to public or private entities made by the Secretary that are distinct from the awards made to support the organization tasked with supporting the board of directors described in subparagraph (B); and (B) have a board of directors— (i) that includes representatives of organ procurement organizations (including organizations that have received grants under [section 273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273&num=0&edition=prelim)), transplant centers, voluntary health associations, and the general public; and (ii) that shall establish an executive committee and other committees, whose chairpersons shall be selected to ensure continuity of leadership for the board. (2) The Organ Procurement and Transplantation Network shall— (A) establish in one location or through regional centers— (i) a national list of individuals who need organs, and (ii) a national system, through the use of computers and in accordance with established medical criteria, to match organs and individuals included in the list, especially individuals whose immune system makes it difficult for them to receive organs, (B) establish membership criteria and medical criteria for allocating organs and provide to members of the public an opportunity to comment with respect to such criteria, (C) maintain a twenty-four-hour telephone service to facilitate matching organs with individuals included in the list, (D) assist organ procurement organizations in the nationwide distribution of organs equitably among transplant patients, (E) adopt and use standards of quality for the acquisition and transportation of donated organs, (F) prepare and distribute, on a regionalized basis (and, to the extent practicable, among regions or on a national basis), samples of blood sera from individuals who are included on the list and whose immune system makes it difficult for them to receive organs, in order to facilitate matching the compatibility of such individuals with organ donors, (G) coordinate, as appropriate, the transportation of organs from organ procurement organizations to transplant centers, (H) provide information to physicians and other health professionals regarding organ donation, (I) collect, analyze, and publish data concerning organ donation and transplants, (J) carry out studies and demonstration projects for the purpose of improving procedures for organ procurement and allocation, (K) work actively to increase the supply of donated organs, (L) submit to the Secretary an annual report containing information on the comparative costs and patient outcomes at each transplant center affiliated with the organ procurement and transplantation network, (M) recognize the differences in health and in organ transplantation issues between children and adults throughout the system and adopt criteria, polices, and procedures that address the unique health care needs of children, (N) carry out studies and demonstration projects for the purpose of improving procedures for organ donation procurement and allocation, including but not limited to projects to examine and attempt to increase transplantation among populations with special needs, including children and individuals who are members of racial or ethnic minority groups, and among populations with limited access to transportation, and (O) provide that for purposes of this paragraph, the term “children” refers to individuals who are under the age of 18. (3) **Clarification.—** — In adopting and using standards of quality under paragraph (2)(E), the Organ Procurement and Transplantation Network may adopt and use such standards with respect to organs infected with human immunodeficiency virus (in this paragraph referred to as “HIV”), provided that any such standards ensure that organs infected with HIV may be transplanted only into individuals who— (A) are infected with HIV before receiving such organ; and (B) (i) are participating in clinical research approved by an institutional review board under the criteria, standards, and regulations described in subsections (a) and (b) of [section 274f–5 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274f-5&num=0&edition=prelim); or (ii) if the Secretary has determined under [section 274f–5(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274f–5/c&num=0&edition=prelim) that participation in such clinical research, as a requirement for such transplants, is no longer warranted, are receiving a transplant under the standards and regulations under [section 274f–5(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274f–5/c&num=0&edition=prelim). **(c) Consideration of critical comments** The Secretary shall establish procedures for— (1) receiving from interested persons critical comments relating to the manner in which the Organ Procurement and Transplantation Network is carrying out the duties of the Network under subsection (b); and (2) the consideration by the Secretary of such critical comments.

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

42 U.S.C. § 273 — Organ procurement organizations

**(a) Grant authority of Secretary** (1) The Secretary may make grants for the planning of qualified organ procurement organizations described in subsection (b). (2) The Secretary may make grants for the establishment, initial operation, consolidation, and expansion of qualified organ procurement organizations described in subsection (b). **(b) Qualified organizations** (1) A qualified organ procurement organization for which grants may be made under subsection (a) is an organization which, as determined by the Secretary, will carry out the functions described in paragraph (2) 11 See References in Text note below. and— (A) is a nonprofit entity, (B) has accounting and other fiscal procedures (as specified by the Secretary) necessary to assure the fiscal stability of the organization, (C) has an agreement with the Secretary to be reimbursed under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.] for the procurement of kidneys, (D) notwithstanding any other provision of law, has met the other requirements of this section and has been certified or recertified by the Secretary within the previous 4-year period as meeting the performance standards to be a qualified organ procurement organization through a process that either— (i) granted certification or recertification within such 4-year period with such certification or recertification in effect as of January 1, 2000, and remaining in effect through the earlier of— (I) January 1, 2002; or (II) the completion of recertification under the requirements of clause (ii); or (ii) is defined through regulations that are promulgated by the Secretary by not later than January

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 273

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

38 U.S.C. § 1703 — Veterans Community Care Program

**(a) In General.—** (1) There is established a program to furnish hospital care, medical services, and extended care services to covered veterans through health care providers specified in subsection (c). (2) The Secretary shall coordinate the furnishing of hospital care, medical services, and extended care services under this section to covered veterans, including coordination of, at a minimum, the following: (A) Ensuring the scheduling of medical appointments in a timely manner and the establishment of a mechanism to receive medical records from non-Department providers. (B) Ensuring continuity of care and services. (C) Ensuring coordination among regional networks if the covered veteran accesses care and services in a different network than the regional network in which the covered veteran resides. (D) Ensuring that covered veterans do not experience a lapse in care resulting from errors or delays by the Department or its contractors or an unusual or excessive burden in accessing hospital care, medical services, or extended care services. (3) A covered veteran may only receive care or services under this section upon the authorization of such care or services by the Secretary. (4) Nothing in this section shall be construed to authorize the Secretary to suspend the program established under paragraph (1). **(b) Covered Veterans.—** For purposes of this section, a covered veteran is any veteran who— (1) is enrolled in the system of annual patient enrollment established and operated under [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705&num=0&edition=prelim); or (2) is not enrolled in such system but is otherwise entitled to hospital care, medical services, or extended care services under s

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1703

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

42 U.S.C. § 1320b–8 — Hospital protocols for organ procurement and standards for organ procurement agencies

**(a)** (1) The Secretary shall provide that a hospital or critical access hospital meeting the requirements of subchapter XVIII or XIX may participate in the program established under such subchapter only if— (A) the hospital or critical access hospital establishes written protocols for the identification of potential organ donors that— (i) assure that families of potential organ donors are made aware of the option of organ or tissue donation and their option to decline, (ii) encourage discretion and sensitivity with respect to the circumstances, views, and beliefs of such families, and (iii) require that such hospital’s designated organ procurement agency (as defined in paragraph (3)(B)) is notified of potential organ donors; (B) in the case of a hospital in which organ transplants are performed, the hospital is a member of, and abides by the rules and requirements of, the Organ Procurement and Transplantation Network established pursuant to [section 274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274&num=0&edition=prelim) (in this section referred to as the “Network”); and (C) the hospital or critical access hospital has an agreement (as defined in paragraph (3)(A)) only with such hospital’s designated organ procurement agency. (2) (A) The Secretary shall grant a waiver of the requirements under subparagraphs (A)(iii) and (C) of paragraph (1) to a hospital or critical access hospital desiring to enter into an agreement with an organ procurement agency other than such hospital’s designated organ procurement agency if the Secretary determines that— (i) the waiver is expected to increase organ donation; and (ii) the waiver will assure equitable treatment of patients referred for transp

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320b–8

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

42 U.S.C. § 202 — Definitions

When used in this chapter— **(a)** The term “Service” means the Public Health Service; **(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service; **(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services. **(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary; **(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States; **(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. **(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands; **(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603. **(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances; **(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202

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

42 U.S.C. § 274c — Administration

The Secretary shall designate and maintain an identifiable administrative unit in the Public Health Service to— (1) administer this part and coordinate with the organ procurement activities under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.]; (2) conduct a program of public information to inform the public of the need for organ donations; (3) provide technical assistance to organ procurement organizations, the Organ Procurement and Transplantation Network established under [section 274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274&num=0&edition=prelim), and other entities in the health care system involved in organ donations, procurement, and transplants; and (4) provide information— (A) to patients, their families, and their physicians about transplantation; and (B) to patients and their families about the resources available nationally and in each State, and the comparative costs and patient outcomes at each transplant center affiliated with the organ procurement and transplantation network, in order to assist the patients and families with the costs associated with transplantation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 274c

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

42 U.S.C. § 274f–5 — Criteria, standards, and regulations with respect to organs infected with HIV

**(a) In general** Not later than 2 years after November 21, 2013, the Secretary shall develop and publish criteria for the conduct of research relating to transplantation of organs from donors infected with human immunodeficiency virus (in this section referred to as “HIV”) into individuals who are infected with HIV before receiving such organ. **(b) Corresponding changes to standards and regulations applicable to research** Not later than 2 years after November 21, 2013, to the extent determined by the Secretary to be necessary to allow the conduct of research in accordance with the criteria developed under subsection (a)— (1) the Organ Procurement and Transplantation Network shall revise the standards of quality adopted under [section 274(b)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274/b/2/E&num=0&edition=prelim); and (2) the Secretary shall revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations). **(c) Revision of standards and regulations generally** Not later than 4 years after November 21, 2013, and annually thereafter, the Secretary,11 So in original. The comma probably should not appear. shall— (1) review the results of scientific research in conjunction with the Organ Procurement and Transplantation Network to determine whether the results warrant revision of the standards of quality adopted under [section 274(b)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274/b/2/E&num=0&edition=prelim) with respect to donated organs infected with HIV and with respect to the safety of transplanting an organ with a particular strain of HIV into a recipient with a different strain of HIV; (2) if the Secretary determines under pa

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 274f–5

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

42 U.S.C. § 274i–4 — Definitions

For purposes of this part: (1) **Organ** — The term “organ” has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations. (2) **Organ procurement organization** — The term “organ procurement organization” means a qualified organ procurement organization described in [section 273(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273/b/1&num=0&edition=prelim). (3) **Organ Procurement and Transplantation Network** — The term “Organ Procurementand 11 So in original. Probably should be “Procurement and”. Transplantation Network” means the Organ Procurement and Transplantation Network established under [section 274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 274i–4

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

42 U.S.C. § 274k — National Program

**(a) Establishment** The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall by one or more contracts establish and maintain a C.W. Bill Young Cell Transplantation Program (referred to in this section as the “Program”), successor to the National Bone Marrow Donor Registry, that has the purpose of increasing the number of transplants for recipients suitably matched to biologically unrelated donors of bone marrow and cord blood, and that meets the requirements of this section. The Secretary may award a separate contract to perform each of the major functions of the Program described in paragraphs (1) and (2) of subsection (d) if deemed necessary by the Secretary to operate an effective and efficient system that is in the best interest of patients. The Secretary shall conduct a separate competition for the initial establishment of the cord blood functions of the Program. The Program shall be under the general supervision of the Secretary. The Secretary shall establish an Advisory Council to advise, assist, consult with, and make recommendations to the Secretary on matters related to the activities carried out by the Program. The members of the Advisory Council shall be appointed in accordance with the following: (1) Each member of the Advisory Council shall serve for a term of 2 years, and each such member may serve as many as 3 consecutive 2-year terms, except that— (A) such limitations shall not apply to the Chair of the Advisory Council (or the Chair-elect) or to the member of the Advisory Council who most recently served as the Chair; and (B) one additional consecutive 2-year term may be served by any member of the Advisory Council who has no employment, governance, or financial affiliation with any donor cente

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 274k

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

42 U.S.C. § 274 — Organ procurement and transplantation

Page 508 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 274 and Human Services shall submit to the appro- priate committees of Congress a report that de- tails the progress made towards understanding the long-term health effects of living organ do- nation. (Pub. L. 110–144, § 3, Dec. 21, 2007, 121 Stat. 1814.) Editorial Notes CODIFICATION Section was enacted as part of the Charlie W. Nor- wood Living Organ Donation Act, and not as part of the Public Health Service Act which comprises this chap- ter. § 274. Organ procurement and transplantation network (a) In general The Secretary shall provide for the continued operation of an Organ Procurement and Trans- plantation Network which meets the require- ments of subsection (b). The Secretary may award grants, contracts, or cooperative agree- ments, as the Secretary determines appropriate, for purposes of carrying out this section. (b) Composition (1) IN GENERAL.—The Organ Procurement and Transplantation Network shall— (A) be operated through awards to public or private entities made by the Secretary that are distinct from the awards made to support the organization tasked with supporting the board of directors described in subparagraph (B); and (B) have a board of directors— (i) that includes representatives of organ procurement organizations (including orga- nizations that have received grants under section 273 of this title), transplant centers, voluntary health associations, and the gen- eral public; and (ii) that shall establish an executive com- mittee and other committees, whose chair- persons shall be selected to ensure con- tinuity of leadership for the board. (2) The Organ Procurement and Transplan- tation Network shall— (A) establish in one location or through re- gional centers— (i) a national l

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 274

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