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38 U.S.C. § 7334 — Regulations

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

38 U.S.C. § 7334 — Regulations

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Source location: Title 38, Chapter 73, § 7334; chapter-073-veterans-health-administration-organization-and-functions.md

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**(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.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1101&num=0&edition=prelim) et seq.). **(c)** Regulations prescribed by the Secretary under sections 7331, 7332, and 7333 of this title may contain such definitions, and may provide for such safeguards and procedures (including procedures and criteria for the issuance and scope of court orders under section 7332(b)(2)(C) 11 See References in Text note below. of this title), as are necessary to prevent circumvention or evasion of such regulations or to facilitate compliance with such regulations. **(d)** In prescribing and implementing such regulations, the Secretary shall, from time to time, consult with the Secretary of Health and Human Services and, as appropriate, with the President (or the delegate of the President) in order to achieve the maximum possible coordination of the regulations, and the implementation of the regulations, which they and the Secretary prescribe.

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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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42 U.S.C. § 4551 — Congressional findings and declaration of purpose

**(a)** The Congress finds that— (1) alcohol is one of the most dangerous drugs and the drug most frequently abused in the United States; (2) approximately ten million, or 7 percent, of the adults in the United States are alcoholics or problem drinkers; (3) it is estimated that alcoholism and other alcohol related problems cost the United States over $43,000,000,000 annually in lost production, medical and public assistance expenditures, police and court costs, and motor vehicle and other accidents; (4) alcohol abuse is found with increasing frequency among persons who are multiple-drug abusers and among former heroin users who are being treated in methadone maintenance programs; (5) alcohol abuse is being discovered among growning numbers of youth; (6) alcohol abuse and alcoholism have a substantial impact on the families of alcohol abusers and alcoholics and contributes to domestic violence; (7) alcohol abuse and alcoholism, together with abuse of other legal and illegal drugs, present a need for prevention and intervention programs designed to reach the general population and members of high risk populations such as youth, women, the elderly, and families of alcohol abusers and alcoholics; and (8) alcoholism is an illness requiring treatment and rehabilitation through the assistance of a broad range of community health and social services and with the cooperation of law enforcement agencies, employers, employee associations, and associations of concerned individuals. **(b)** It is the policy of the United States and the purpose of this chapter to approach alcohol abuse and alcoholism from a comprehensive community care standpoint, and to meet the problems of alcohol abuse and alcoholism through— (1) comprehensive Federal, State, and local planning for, and

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

42 U.S.C. § 4541 — Payments

Payments under this chapter may be made in advance or by way of reimbursement and in such installments as the Secretary may determine.

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

21 U.S.C. § 1101 — Congressional findings

The Congress makes the following findings: (1) Drug abuse is rapidly increasing in the United States and now afflicts urban, suburban, and rural areas of the Nation. (2) Drug abuse seriously impairs individual, as well as societal, health and well-being. (3) Drug abuse, especially heroin addiction, substantially contributes to crime. (4) The adverse impact of drug abuse inflicts increasing pain and hardship on individuals, families, and communities and undermines our institutions. (5) Too little is known about drug abuse, especially the causes, and ways to treat and prevent drug abuse. (6) The success of Federal drug abuse programs and activities requires a recognition that education, treatment, rehabilitation, research, training, and law enforcement efforts are interrelated. (7) The effectiveness of efforts by State and local governments and by the Federal Government to control and treat drug abuse in the United States has been hampered by a lack of coordination among the States, between States and localities, among the Federal Government, States and localities, and throughout the Federal establishment. (8) Control of drug abuse requires the development of a comprehensive, coordinated long-term Federal strategy that encompasses both effective law enforcement against illegal drug traffic and effective health programs to rehabilitate victims of drug abuse. (9) The increasing rate of drug abuse constitutes a serious and continuing threat to national health and welfare, requiring an immediate and effective response on the part of the Federal Government. (10) Although the Congress observed a significant apparent reduction in the rate of increase of drug abuse during the three-year period subsequent to March 21, 1972, and in certain areas of the country apparent te

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1101

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

38 U.S.C. § 7331 — Informed consent

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

38 U.S.C. § 7332 — Confidentiality of certain medical records

**(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

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

21 U.S.C. § 1101 — Congressional findings

Page 926 TITLE 21—FOOD AND DRUGS § 1101 Sec. 1102. Congressional declaration of national policy. 1103, 1104. Repealed. SUBCHAPTER II—DRUG ABUSE POLICY COORDINATION 1111 to 1114. Repealed. 1115. Notice relating to the control of dangerous drugs. 1116 to 1155. Repealed or Omitted. SUBCHAPTER III—NATIONAL DRUG ABUSE STRATEGY 1161 to 1165. Repealed. SUBCHAPTER IV—OTHER FEDERAL PROGRAMS 1171. Drug abuse prevention function appropria- tions. 1172 to 1176. Repealed, Transferred, or Omitted. 1177. Special project grants and contracts. 1178. Records and audit. 1179. National Drug Abuse Training Center. 1180. Transferred. 1181. Contract authority. SUBCHAPTER V—NATIONAL INSTITUTE ON DRUG ABUSE 1191 to 1194. Transferred or Repealed. SUBCHAPTER I—GENERAL PROVISIONS § 1101. Congressional findings The Congress makes the following findings: (1) Drug abuse is rapidly increasing in the United States and now afflicts urban, subur- ban, and rural areas of the Nation. (2) Drug abuse seriously impairs individual, as well as societal, health and well-being. (3) Drug abuse, especially heroin addiction, substantially contributes to crime. (4) The adverse impact of drug abuse inflicts increasing pain and hardship on individuals, families, and communities and undermines our institutions. (5) Too little is known about drug abuse, es- pecially the causes, and ways to treat and pre- vent drug abuse. (6) The success of Federal drug abuse pro- grams and activities requires a recognition that education, treatment, rehabilitation, re- search, training, and law enforcement efforts are interrelated. (7) The effectiveness of efforts by State and local governments and by the Federal Govern- ment to control and treat drug abuse in the United States has been ha

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 1101

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

38 U.S.C. § 7334 — Regulations

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

42 U.S.C. § 4551 — Transferred

Page 6191 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4577 1 See References in Text note below. SUBCHAPTER I—NATIONAL INSTITUTE ON, AND INTERAGENCY COMMITTEE ON FED- ERAL ACTIVITIES FOR, ALCOHOL ABUSE AND ALCOHOLISM; REPORTS AND REC- OMMENDATIONS § 4551. Transferred Editorial Notes CODIFICATION Section, Pub. L. 91–616, title I, § 101, Dec. 31, 1970, 84 Stat. 1848; Pub. L. 93–282, title II, § 203(a), May 14, 1974, 88 Stat. 135; Pub. L. 96–180, § 3, Jan. 2, 1980, 93 Stat. 1302; Pub. L. 97–35, title IX, § 966(a), Aug. 13, 1981, 95 Stat. 595, which established the National Institute on Alcohol Abuse and Alcoholism, was redesignated section 502 of the Public Health Service Act by Pub. L. 98–24, § 2(b)(3), Apr. 26, 1983, 97 Stat. 177, and is classified to section 290aa–1 of this title. §§ 4552, 4553. Repealed. Pub. L. 98–24, § 2(c)(1), Apr. 26, 1983, 97 Stat. 182 Section 4552, Pub. L. 91–616, title I, § 102, Dec. 31, 1970, 84 Stat. 1848; Pub. L. 93–282, title II, § 203(b)(1), (2)(A), May 14, 1974, 88 Stat. 136; Pub. L. 96–180, § 4, Jan. 2, 1980, 93 Stat. 1302; Pub. L. 97–35, title IX, § 966(b), Aug. 13, 1981, 95 Stat. 595, required reports and recommenda- tions by the Secretary to the Congress and to the President on programs of alcohol abuse and alcoholism. See section 290aa–4 of this title. Section 4553, Pub. L. 91–616, title I, § 103, as added Pub. L. 93–282, title I, § 131, May 14, 1974, 88 Stat. 133; amended Pub. L. 96–180, § 5, Jan. 2, 1980, 93 Stat. 1302; Pub. L. 97–35, title IX, § 966(c), Aug. 13, 1981, 95 Stat. 595, established the Interagency Committee on Federal Ac- tivities for Alcohol Abuse and Alcoholism. SUBCHAPTER II—ALCOHOL ABUSE AND AL- COHOLISM PREVENTION, TREATMENT, AND REHABILITATION PROGRAMS FOR GOVERNMENT AND OTHER EMPLOYEES

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4551

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