42 U.S.C. § 295k — Health professions data

Page 1077 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 295k 1 So in original. No subsec. (c) has been enacted. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–531 effective immediately after enactment of Pub. L. 102–408, see section 313(c) of Pub. L. 102–531, set out as a note under section 292y of this title. REQUIRED ASSURANCES REGARDING BLOODBORNE DISEASES Pub. L. 102–408, title III, § 308, Oct. 13, 1992, 106 Stat. 2089, provided that: ‘‘With respect to awards of grants or contracts under title VII or VIII of the Public Health Service Act [42 U.S.C. 292 et seq., 296 et seq.], the Sec- retary of Health and Human Services may make such an award for the provision of traineeships only if the applicant for the award provides assurances satisfac- tory to the Secretary that all trainees will, as appro- priate, receive instruction in the utilization of uni- versal precautions and infection control procedures for the prevention of the transmission of bloodborne dis- eases.’’ § 295k. Health professions data (a) In general The Secretary shall establish a program, in- cluding a uniform health professions data re- porting system, to collect, compile, and analyze data on health professions personnel which pro- gram shall initially include data respecting all physicians and dentists in the States. The Sec- retary is authorized to expand the program to include, whenever he determines it necessary, the collection, compilation, and analysis of data respecting pharmacists, optometrists, podia- trists, veterinarians, public health personnel, audiologists, speech pathologists, health care administration personnel, nurses, allied health personnel, medical technologists, chiropractors, clinical psychologists, professional counselors, and any other health personnel in States des- ignated by the Secretary to be included in the program. Such data shall include data respect- ing the training, licensure status (including per- manent, temporary, partial, limited, or institu- tional), place or places of practice, professional specialty, practice characteristics, place and date of birth, sex, and socioeconomic back- ground of health professions personnel and such other demographic information regarding health professions personnel as the Secretary may re- quire. (b) Certain authorities and requirements (1) Sources of information In carrying out subsection (a), the Secretary shall collect available information from ap- propriate local, State, and Federal agencies and other appropriate sources. (2) Contracts for studies of health professions The Secretary shall conduct or enter into contracts for the conduct of analytic and de- scriptive studies of the health professions, in- cluding evaluations and projections of the sup- ply of, and requirements for, the health profes- sions by specialty and geographic location. Such studies shall include studies determining by specialty and geographic location the num- ber of health professionals (including allied health professionals and health care adminis- tration personnel) who are members of minor- ity groups, including Hispanics, and studies providing by specialty and geographic location evaluations and projections of the supply of, and requirements for, health professionals (in- cluding allied health professionals and health care administration personnel) to serve minor- ity groups, including Hispanics. (3) Grants and contracts regarding States The Secretary is authorized to make grants and to enter into contracts with States (or an appropriate nonprofit private entity in any State) for the purpose of participating in the program established under subsection (a). The Secretary shall determine the amount and scope of any such grant or contract. To be eli- gible for a grant or contract under this para- graph a State or entity shall submit an appli- cation in such form and manner and con- taining such information as the Secretary shall require. Such application shall include reasonable assurance, satisfactory to the Sec- retary, that— (A) such State (or nonprofit entity within a State) will establish a program of manda- tory annual registration of the health pro- fessions personnel described in subsection (a) who reside or practice in such State and of health institutions licensed by such State, which registration shall include such infor- mation as the Secretary shall determine to be appropriate; (B) such State or entity shall collect such information and report it to the Secretary in such form and manner as the Secretary shall prescribe; and (C) such State or entity shall comply with the requirements of subsection (e). (d) 1 Reports to Congress The Secretary shall submit to the Congress on October 1, 1993, and biennially thereafter, the following reports: (1) A comprehensive report regarding the status of health personnel according to profes- sion, including a report regarding the analytic and descriptive studies conducted under this section. (2) A comprehensive report regarding appli- cants to, and students enrolled in, programs and institutions for the training of health per- sonnel, including descriptions and analyses of student indebtedness, student need for finan- cial assistance, financial resources to meet the needs of students, student career choices such as practice specialty and geographic location and the relationship, if any, between student indebtedness and career choices. (e) Requirements regarding personal data (1) In general The Secretary and each program entity shall in securing and maintaining any record of in- dividually identifiable personal data (herein- after in this subsection referred to as ‘‘per- sonal data’’) for purposes of this section— (A) inform any individual who is asked to supply personal data whether he is legally required, or may refuse, to supply such data and inform him of any specific consequences, known to the Secretary or program entity, Page 1078 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 295k 2 So in original. No subsec. (f) has been enacted. as the case may be, of providing or not pro- viding such data; (B) upon request, inform any individual if he is the subject of personal data secured or maintained by the Secretary or program en- tity, as the case may be, and make the data available to him in a form comprehensible to him; (C) assure that no use is made of personal data which use is not within the purposes of this section unless an informed consent has been obtained from the individual who is the subject of such data; and (D) upon request, inform any individual of the use being made of personal data respect- ing such individual and of the identity of the individuals and entities which will use the data and their relationship to the programs under this section. (2) Consent as precondition to disclosure Any entity which maintains a record of per- sonal data and which receives a request from the Secretary or a program entity for such data for purposes of this section shall not transfer any such data to the Secretary or to a program entity unless the individual whose personal data is to be so transferred gives an informed consent for such transfer. (3) Disclosure by Secretary (A) Notwithstanding any other provision of law, personal data collected by the Secretary or any program entity under this section may not be made available or disclosed by the Sec- retary or any program entity to any person other than the individual who is the subject of such data unless (i) such person requires such data for purposes of this section, or (ii) in re- sponse to a demand for such data made by means of compulsory legal process. Any indi- vidual who is the subject of personal data made available or disclosed under clause (ii) shall be notified of the demand for such data. (B) Subject to all applicable laws regarding confidentiality, only the data collected by the Secretary under this section which is not per- sonal data shall be made available to bona fide researchers and policy analysts (including the Congress) for the purposes of assisting in the conduct of studies respecting health profes- sions personnel. (4) ‘‘Program entity’’ defined For purposes of this subsection, the term ‘‘program entity’’ means any public or private entity which collects, compiles, or analyzes health professions data under a grant, con- tract, or other arrangement with the Sec- retary under this section. (g) 2 Technical assistance The Secretary shall provide technical assist- ance to the States and political subdivisions thereof in the development of systems (includ- ing model laws) concerning confidentiality and comparability of data collected pursuant to this section. (h) Grants and contracts regarding nonprofit en- tities (1) In general In carrying out subsection (a), the Secretary may make grants, or enter into contracts and cooperative agreements with, and provide technical assistance to, any nonprofit entity in order to establish a uniform allied health professions data reporting system to collect, compile, and analyze data on the allied health professions personnel. (2) Reports With respect to reports required in sub- section (d), each such report made on or after October 1, 1991, shall include a description and analysis of data collected pursuant to para- graph (1). (July 1, 1944, ch. 373, title VII, § 792, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2058; amended Pub. L. 105–392, title I, § 106(b), Nov. 13, 1998, 112 Stat. 3559.) Editorial Notes PRIOR PROVISIONS A prior section 792 of act July 1, 1944, was classified to section 295h–1b of this title prior to the general amendment of this subchapter by Pub. L. 102–408. Another prior section 792 of act July 1, 1944, was clas- sified to section 295h–1 of this title prior to repeal by Pub. L. 97–35. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–392 inserted ‘‘profes- sional counselors,’’ after ‘‘clinical psychologists,’’. Statutory Notes and Related Subsidiaries STUDY REGARDING SHORTAGES OF LICENSED PHARMACISTS Pub. L. 106–129, § 5, Dec. 6, 1999, 113 Stat. 1675, provided that: ‘‘(a) IN GENERAL.—The Secretary of Health and Human Services (in this section referred to as the ‘Sec- retary’), acting through the appropriate agencies of the Public Health Service, shall conduct a study to deter- mine whether and to what extent there is a shortage of licensed pharmacists. In carrying out the study, the Secretary shall seek the comments of appropriate pub- lic and private entities regarding any such shortage. ‘‘(b) REPORT TO CONGRESS.—Not later than 1 year after the date of the enactment of this Act [Dec. 6, 1999], the Secretary shall complete the study under sub- section (a) and submit to the Congress a report that de- scribes the findings made through the study and that contains a summary of the comments received by the Secretary pursuant to such subsection.’’ ADVISORY COUNCIL ON GRADUATE MEDICAL EDUCATION Pub. L. 102–408, title III, § 301, Oct. 13, 1992, 106 Stat. 2080, as amended by Pub. L. 102–531, title III, § 313(b), Oct. 27, 1992, 106 Stat. 3507; Pub. L. 105–392, title I, § 104(b)(1)–(3), Nov. 13, 1998, 112 Stat. 3552, which was for- merly set out as a note under this section, was renum- bered section 762 of the Public Health Service Act by Pub. L. 105–392, title I, § 104(b)(4)–(6), Nov. 13, 1998, 112 Stat. 3553, and is classified to section 294o of this title. COMMISSION ON ALLIED HEALTH Pub. L. 102–408, title III, § 302, Oct. 13, 1992, 106 Stat. 2082, provided for establishment of a National Commis- sion on Allied Health, charged with (1) making rec- ommendations to the Secretary of Health and Human Page 1079 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 295n Services and Congress with respect to nationwide sup- ply and distribution of allied health personnel, current and future shortages of personnel, priority research needs within allied health professions, Federal policies relating to personnel and research as well as under- graduate and graduate financing, concerted efforts on part of allied health facilities and educational institu- tions to address such matters, and needs with respect to nationwide data bases concerning supply and dis- tribution of allied health personnel, and (2) encour- aging entities providing allied health education to vol- untarily achieve recommendations of Commission, and further provided for composition of Commission, date certain for appointments to Commission, resources for Commission activities, an interim progress report due not later than Oct. 1, 1993, a final report due not later than Apr. 1, 1994, and termination of Commission 60 days after submission of final report. STUDY REGARDING SHORTAGE OF CLINICAL LABORATORY TECHNOLOGISTS FOR MEDICALLY UNDERSERVED AND RURAL COMMUNITIES Pub. L. 102–408, title III, § 303, Oct. 13, 1992, 106 Stat. 2083, directed Secretary of Health and Human Services, with respect to the shortage of clinical laboratory tech- nologists, to conduct a study for the purpose of deter- mining whether there are special or unique factors af- fecting the supply of clinical laboratory technologists in medically underserved and rural communities, and assessing alternative routes for certification of the competence of individuals to serve as such tech- nologists, with consideration of the role of entities pro- viding such certifications, and, not later than Oct. 1, 1993, complete the study and submit to Committee on Energy and Commerce of House of Representatives, and to Committee on Labor and Human Resources of Sen- ate, a report describing the findings made as result of the study. NATIONAL ADVISORY COUNCIL ON MEDICAL LICENSURE Pub. L. 102–408, title III, § 307, Oct. 13, 1992, 106 Stat. 2086, directed Secretary of Health and Human Services to establish National Advisory Council on Medical Li- censure to advise Secretary on American Medical Asso- ciation’s system of verifying and maintaining informa- tion regarding qualifications of individuals to practice medicine, as well as advice regarding establishment and operation of any similar system, provided for ac- tivities of Council, including review of private creden- tials verification system and recommendations on how it could be improved, as well as review of State proce- dures for licensing individuals licensed in other States and procedures for licensing international medical graduates, provided for composition of Council and ap- pointment of members, required submission of an in- terim report to Congress not later than Sept. 30, 1993, and a final report with recommendations not later than Sept. 30, 1995, provided for termination of Council not later than Sept. 30, 1995, or upon submission of final re- port, whichever is earlier, and further directed Sec- retary, in cooperation with Council to submit to Con- gress, not later than Sept. 30, 1994, study of not less than 10 States for purposes of determining average time required for States to process licensure applica- tions of domestic and international medical graduates as well as percentages of domestic and international li- censure applications approved. § 295l. Repealed. Pub. L. 105–392, title I, § 106(a)(2)(C), Nov. 13, 1998, 112 Stat. 3557 Section, act July 1, 1944, ch. 373, title VII, § 793, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2061; amended Pub. L. 102–531, title III, § 313(a)(6), Oct. 27, 1992, 106 Stat. 3507, required development, publica- tion, dissemination, and biennial report to Congress on statistics respecting public and community health per- sonnel. A prior section 793 of act July 1, 1944, was classified to section 295h–1c of this title prior to the general amendment of this subchapter by Pub. L. 102–408. Another prior section 793 of act July 1, 1944, was re- numbered section 794 by Pub. L. 97–35 and classified to section 295h–2 of this title. § 295m. Prohibition against discrimination on basis of sex The Secretary may not make a grant, loan guarantee, or interest subsidy payment under this subchapter to, or for the benefit of, any school of medicine, osteopathic medicine, den- tistry, veterinary medicine, optometry, phar- macy, podiatric medicine, or public health or any training center for allied health personnel, or graduate program in clinical psychology, un- less the application for the grant, loan guar- antee, or interest subsidy payment contains as- surances satisfactory to the Secretary that the school or training center will not discriminate on the basis of sex in the admission of individ- uals to its training programs. The Secretary may not enter into a contract under this sub- chapter with any such school or training center unless the school, training center, or graduate program furnishes assurances satisfactory to the Secretary that it will not discriminate on the basis of sex in the admission of individuals to its training programs. In the case of a school of medicine which— (1) on October 13, 1992, is in the process of changing its status as an institution which ad- mits only female students to that of an insti- tution which admits students without regard to their sex, and (2) is carrying out such change in accordance with a plan approved by the Secretary, the provisions of the preceding sentences of this section shall apply only with respect to a grant, contract, loan guarantee, or interest subsidy to, or for the benefit of such a school for a fiscal year beginning after June 30, 1979. (July 1, 1944, ch. 373, title VII, § 794, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2063.) Editorial Notes PRIOR PROVISIONS A prior section 794 of act July 1, 1944, was classified to section 295h–2 of this title prior to the general amendment of this subchapter by Pub. L. 102–408. Another prior section 794 of act July 1, 1944, was clas- sified to section 294h–3 of this title prior to repeal by Pub. L. 91–519. § 295n. Repealed. Pub. L. 105–392, title I, § 101(b)(1), Nov. 13, 1998, 112 Stat. 3537 Section, act July 1, 1944, ch. 373, title VII, § 795, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2063; amended Pub. L. 102–531, title III, § 313(a)(7), Oct. 27, 1992, 106 Stat. 3507, related to obligated service re- garding certain programs. A prior section 795 of act July 1, 1944, was classified to section 295h–4 of this title prior to the general amendment of this subchapter by Pub. L. 102–408. Another prior section 795 of act July 1, 1944, was clas- sified to section 295h–4 of this title prior to the general amendment of part G of this subchapter by Pub. L. 94–484. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 105–392, title I, § 101(b)(2), Nov. 13, 1998, 112 Stat. 3537, provided that: ‘‘The amendments made by