42 U.S.C. § 243 — General grant of authority for cooperation

Page 166 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 243 quirements or research misconduct related to foreign influence. (Pub. L. 117–328, div. FF, title II, § 2326, Dec. 29, 2022, 136 Stat. 5769.) Editorial Notes CODIFICATION Section was enacted as part of the Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act, also known as the PREVENT Pandemics Act, and also as part of the Health Extend- ers, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022, and not as part of the Public Health Service Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Health and Human Services, see section 242v(a)(1) of this title. PART B—FEDERAL-STATE COOPERATION § 243. General grant of authority for cooperation (a) Enforcement of quarantine regulations; pre- vention of communicable diseases The Secretary is authorized to accept from State and local authorities any assistance in the enforcement of quarantine regulations made pursuant to this chapter which such authorities may be able and willing to provide. The Sec- retary shall also assist States and their political subdivisions in the prevention and suppression of communicable diseases and with respect to other public health matters, shall cooperate with and aid State and local authorities in the enforcement of their quarantine and other health regulations, and shall advise the several States on matters relating to the preservation and improvement of the public health. (b) Comprehensive and continuing planning; training of personnel for State and local health work; fees The Secretary shall encourage cooperative ac- tivities between the States with respect to com- prehensive and continuing planning as to their current and future health needs, the establish- ment and maintenance of adequate public health services, and otherwise carrying out public health activities. The Secretary is also author- ized to train personnel for State and local health work. The Secretary may charge only private entities reasonable fees for the training of their personnel under the preceding sentence. (c) Development of plan to control epidemics and meet emergencies or problems resulting from disasters; cooperative planning; temporary assistance; reimbursement of United States (1) The Secretary is authorized to develop (and may take such action as may be necessary to implement) a plan under which personnel, equip- ment, medical supplies, and other resources of the Service and other agencies under the juris- diction of the Secretary may be effectively used to control epidemics of any disease or condition and to meet other health emergencies or prob- lems. The Secretary may enter into agreements providing for the cooperative planning between the Service and public and private community health programs and agencies to cope with health problems (including epidemics and health emergencies). (2) The Secretary may, at the request of the appropriate State or local authority, extend temporary (not in excess of six months) assist- ance to States or localities in meeting health emergencies of such a nature as to warrant Fed- eral assistance. The Secretary may require such reimbursement of the United States for assist- ance provided under this paragraph as he may determine to be reasonable under the cir- cumstances. Any reimbursement so paid shall be credited to the applicable appropriation for the Service for the year in which such reimburse- ment is received. (July 1, 1944, ch. 373, title III, § 311, 58 Stat. 693; Pub. L. 89–749, § 5, Nov. 3, 1966, 80 Stat. 1190; Pub. L. 90–174, § 4, Dec. 5, 1967, 81 Stat. 536; Pub. L. 91–515, title II, § 282, Oct. 30, 1970, 84 Stat. 1308; Pub. L. 94–317, title II, § 202(b), (c), June 23, 1976, 90 Stat. 703; Pub. L. 97–35, title IX, § 902(c), Aug. 13, 1981, 95 Stat. 559; Pub. L. 97–414, § 8(d), Jan. 4, 1983, 96 Stat. 2060; Pub. L. 99–117, § 11(a), Oct. 7, 1985, 99 Stat. 494.) Editorial Notes AMENDMENTS 1985—Subsec. (c)(1). Pub. L. 99–117 struck out ‘‘re- ferred to in section 247b(f) of this title’’ after ‘‘epidemics of any disease or condition’’, ‘‘involving or resulting from disasters or any such disease’’ after ‘‘health emergencies or problems’’ in first sentence, and struck out ‘‘resulting from disasters or any disease or condition referred to in section 247b(f) of this title’’ after ‘‘(including epidemics and health emergencies)’’ in second sentence. 1983—Subsec. (c)(2). Pub. L. 97–414 substituted ‘‘six months’’ for ‘‘forty-five days’’ after ‘‘not in excess of’’. 1981—Subsec. (a). Pub. L. 97–35, § 902(c)(1), inserted ap- plicability to other public health matters, and struck out reference to section 246 of this title. Subsec. (b). Pub. L. 97–35, § 902(c)(2), substituted ‘‘pub- lic health activities’’ for ‘‘the purposes of section 246 of this title’’. 1976—Subsec. (b). Pub. L. 94–317, § 202(c), inserted pro- vision authorizing Secretary to charge only private en- tities reasonable fees for training of their personnel. Subsec. (c). Pub. L. 94–317, § 202(b), made changes in phraseology and restructured provisions into pars. (1) and (2) and, in par. (1), as so restructured, inserted pro- visions authorizing Secretary to develop a plan uti- lizing Public Health Service personnel, equipment, medical supplies and other resources to control epidemics of any disease referred to in section 247b of this title. 1970—Subsecs. (a), (b). Pub. L. 91–515 substituted ‘‘Secretary’’ for ‘‘Surgeon General’’ wherever appear- ing. 1967—Subsec. (c). Pub. L. 90–174 added subsec. (c). 1966—Pub. L. 89–749 designated existing provisions as subsec. (a), added subsec. (b), and amended subsec. (b) to permit Surgeon General to train personnel for State and local health work. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as a note under section 238l of this title. EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–749, § 5(a), Nov. 3, 1966, 80 Stat. 1190, pro- vided that subsec. (b) of this section is effective July 1, 1966. Page 167 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 244 Pub. L. 89–749, § 5(b), Nov. 3, 1966, 80 Stat. 1190, pro- vided that the amendment of subsec. (b) of this section, permitting the Surgeon General to train personnel for State and local health work, is effective July 1, 1967. FOOD ALLERGENS IN THE FOOD CODE Pub. L. 108–282, title II, § 209, Aug. 2, 2004, 118 Stat. 910, provided that: ‘‘The Secretary of Health and Human Services shall, in the Conference for Food Pro- tection, as part of its efforts to encourage cooperative activities between the States under section 311 of the Public Health Service Act (42 U.S.C. 243), pursue revi- sion of the Food Code to provide guidelines for pre- paring allergen-free foods in food establishments, in- cluding in restaurants, grocery store delicatessens and bakeries, and elementary and secondary school cafe- terias. The Secretary shall consider guidelines and rec- ommendations developed by public and private entities for public and private food establishments for pre- paring allergen-free foods in pursuing this revision.’’ TRAINING OF PRIVATE PERSONS SUBJECT TO REIMBURSEMENT OR ADVANCES TO APPROPRIATIONS Pub. L. 103–333, title II, Sept. 30, 1994, 108 Stat. 2550, provided in part: ‘‘That for fiscal year 1995 and subse- quent fiscal years training of private persons shall be made subject to reimbursement or advances to this ap- propriation for not in excess of the full cost of such training’’. § 244. Public access defibrillation programs (a) In general The Secretary shall award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to develop and imple- ment public access defibrillation programs— (1) by training and equipping local emer- gency medical services personnel, including firefighters, police officers, paramedics, emer- gency medical technicians, and other first re- sponders, to administer immediate care, in- cluding cardiopulmonary resuscitation and automated external defibrillation, to cardiac arrest victims; (2) by purchasing automated external defibrillators, placing the defibrillators in public places where cardiac arrests are likely to occur, and training personnel in such places to administer cardiopulmonary resuscitation and automated external defibrillation to car- diac arrest victims; (3) by setting procedures for proper mainte- nance and testing of such devices, according to the guidelines of the manufacturers of the de- vices; (4) by providing training to members of the public in cardiopulmonary resuscitation and automated external defibrillation; (5) by integrating the emergency medical services system with the public access defibrillation programs so that emergency medical services personnel, including dis- patchers, are informed about the location of automated external defibrillators in their community; and (6) by encouraging private companies, in- cluding small businesses, to purchase auto- mated external defibrillators and provide training for their employees to administer cardiopulmonary resuscitation and external automated defibrillation to cardiac arrest vic- tims in their community. (b) Preference In awarding grants under subsection (a), the Secretary shall give a preference to a State, po- litical subdivision of a State, Indian tribe, or tribal organization that— (1) has a particularly low local survival rate for cardiac arrests, or a particularly low local response rate for cardiac arrest victims; or (2) demonstrates in its application the great- est commitment to establishing and maintain- ing a public access defibrillation program. (c) Use of funds A State, political subdivision of a State, In- dian tribe, or tribal organization that receives a grant under subsection (a) may use funds re- ceived through such grant to— (1) purchase automated external defibrillators that have been approved, or cleared for marketing, by the Food and Drug Administration; (2) provide automated external defibrillation and basic life support training in automated external defibrillator usage through nation- ally recognized courses; (3) provide information to community mem- bers about the public access defibrillation pro- gram to be funded with the grant; (4) provide information to the local emer- gency medical services system regarding the placement of automated external defibrillators in public places; (5) produce materials to encourage private companies, including small businesses, to pur- chase automated external defibrillators; (6) establish an information clearinghouse, that shall be administered by an organization that has substantial expertise in pediatric education, pediatric medicine, and electrophysiology and sudden death, that pro- vides information to increase public access to defibrillation in schools; and (7) further develop strategies to improve ac- cess to automated external defibrillators in public places. (d) Application (1) In general To be eligible to receive a grant under sub- section (a), a State, political subdivision of a State, Indian tribe, or tribal organization shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall— (A) describe the comprehensive public ac- cess defibrillation program to be funded with the grant and demonstrate how such pro- gram would make automated external defibrillation accessible and available to cardiac arrest victims in the community; (B) contain procedures for implementing appropriate nationally recognized training courses in performing cardiopulmonary re- suscitation and the use of automated exter- nal defibrillators; (C) contain procedures for ensuring direct involvement of a licensed medical profes- sional and coordination with the local emer- gency medical services system in the over- sight of training and notification of inci-