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. 100–322 substituted ‘‘Nondiscrimination against alcohol and drug abusers and persons infected with the human immunodeficiency virus’’ for ‘‘Non- discrimination in the admission of alcohol and drug abusers to Veterans’ Administration health care facili- ties’’ as section catchline, and amended text generally. Prior to amendment, text read as follows: ‘‘Veterans el- igible for treatment under chapter 17 of this title who are alcohol or drug abusers and who are suffering from medical disabilities shall not be discriminated against in admission or treatment, solely because of their alco- hol or drug abuse or dependence, by any Veterans’ Ad- ministration health care facility. The Administrator, pursuant to the provisions of section 4134 of this title, shall prescribe regulations for the enforcement of this nondiscrimination policy with respect to the admission and treatment of such eligible veterans who are alcohol or drug abusers.’’ Statutory Notes and Related Subsidiaries RESTRICTION ON TESTING FOR INFECTION WITH HUMAN IMMUNODEFICIENCY VIRUS Pub. L. 100–322, title I, § 124, May 20, 1988, 102 Stat. 505, as amended by Pub. L. 102–83, § 6(j)(3), Aug. 6, 1991, 105 Stat. 409, provided that the Secretary of Veterans Af- fairs could not conduct a widespread program to test for the human immunodeficiency virus unless funds for the program were appropriated, with an exception for voluntary testing, prior to repeal by Pub. L. 110–387, title IV, § 407, Oct. 10, 2008, 122 Stat. 4130. § 7334. Regulations (a) Regulations prescribed by the Secretary under section 7331 of this title, section 7332 of this title with respect to the confidentiality of alcohol and drug abuse medical records, and sec- tion 7333 of this title with respect to alcohol or drug abusers shall, to the maximum extent fea- sible 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 experimen- tation 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 Sub- jects of Biomedical and Behavioral Research, established by section 201 of the National Re- search Act (Public Law 93–348; 88 Stat. 348); and (2) regulations governing (A) the confiden- tiality of drug and alcohol abuse medical records, and (B) the admission of drug and al- cohol abusers to private and public hospitals, prescribed pursuant to the Comprehensive Al- cohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4551 et seq.) and the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1101 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) 1 of this title), as are necessary to prevent cir- cumvention or evasion of such regulations or to facilitate compliance with such regulations. (d) In prescribing and implementing such regu- lations, 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 pre- scribe. (Added Pub. L. 94–581, title I, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2851, § 4134; amended Pub. L. 97–295, § 4(87), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 100–322, title I, § 122(a), May 20, 1988, 102 Stat. 504; renum- bered § 7334 and amended Pub. L. 102–40, title IV, §§ 401(a)(4)(A), 402(d)(1), 403(a)(1), (4), May 7, 1991, 105 Stat. 221, 239.) Editorial Notes REFERENCES IN TEXT Section 201 of the National Research Act, referred to in subsec. (b)(1), is section 201 of Pub. L. 93–348, title II, July 12, 1974, 88 Stat. 348, which was set out as a note under section 289l–1 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 95–622, title III, § 302(b), Nov. 9, 1978, 92 Stat. 3442. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4551 et seq.), referred to in subsec. (b)(2), is Page 1204 TITLE 38—VETERANS’ BENEFITS § 7361 Pub. L. 91–616, Dec. 31, 1970, 84 Stat. 1848, which is clas- sified principally to chapter 60 (§ 4541 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 4541 of Title 42 and Tables. The Drug Abuse Office and Treatment Act of 1972, re- ferred to in subsec. (b)(2), which was redesignated the Drug Abuse Prevention, Treatment, and Rehabilitation Act, is Pub. L. 92–255, Mar. 21, 1972, 86 Stat. 65, which is classified principally to chapter 16 (§ 1101 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 21 and Tables. Section 7332(b)(2)(C) of this title, referred to in sub- sec. (c), was formerly a reference to section 4132(b)(2)(C) of this title which was redesignated section 4132(b)(2)(D) by Pub. L. 100–322, title I, § 121(b)(2)(A), May 20, 1988, 102 Stat. 502, and subsequently renum- bered section 7332(b)(2)(D) by Pub. L. 102–40, title IV, § 401(a)(4)(A), May 7, 1991, 105 Stat. 221. The reference to section 4132(b)(2)(C) in subsec. (c) was amended to re- flect the renumbering by Pub. L. 102–40 but not the re- designation by Pub. L. 100–322. AMENDMENTS 1991—Pub. L. 102–40, § 401(a)(4)(A), renumbered section 4134 of this title as this section. Subsec. (a). Pub. L. 102–40, § 403(a)(4), struck out ‘‘of this section’’ after ‘‘subsection (b)’’. Pub. L. 102–40, § 403(a)(1), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7331’’ for ‘‘4131’’, ‘‘7332’’ for ‘‘4132’’, and ‘‘7333’’ for ‘‘4133’’. Subsec. (b). Pub. L. 102–40, § 403(a)(4), struck out ‘‘of this section’’ after ‘‘subsection (a)’’ in introductory provisions. Subsec. (c). Pub. L. 102–40, § 403(a)(1), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7331, 7332, and 7333’’ for ‘‘4131, 4132, and 4133’’ and ‘‘7332(b)(2)(C)’’ for ‘‘4132(b)(2)(C)’’. Subsec. (d). Pub. L. 102–40, § 403(a)(1), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. 1988—Pub. L. 100–322 amended section generally, sub- stituting provisions consisting of subsecs. (a) to (d) for former provisions consisting of subsecs. (a) and (b). 1982—Subsec. (a). Pub. L. 97–295 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Wel- fare’’ wherever appearing, and substituted ‘‘the Presi- dent (or the delegate of the President)’’ for ‘‘the Direc- tor of the Office of Drug Abuse Policy (or any successor authority)’’. SUBCHAPTER IV—RESEARCH CORPORATIONS Editorial Notes PRIOR PROVISIONS A prior subchapter IV of this chapter consisted of sec- tions 4141 and 4142 prior to amendment by Pub. L. 102–40, title IV, § 401(c)(1), May 7, 1991, 105 Stat. 238, which struck out the subchapter heading ‘‘PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL’’, renumbered sections 4141 and 4142 as sections 7451 and 7452 of this title, respectively, and transferred those sections to subchapter IV of chapter 74 of this title. AMENDMENTS 1991—Pub. L. 102–40, title IV, § 401(a)(2)(B), May 7, 1991, 105 Stat. 210, redesignated subchapter VI of this chapter as this subchapter. For disposition of former subchapter IV of this chapter, see Prior Provisions note above. § 7361. Authority to establish; status (a) The Secretary may authorize the establish- ment at any Department medical center of a nonprofit corporation to provide a flexible fund- ing mechanism for the conduct of approved re- search and education at the medical center. Such a corporation may be established to facili- tate either research or education or both re- search and education. (b)(1) Subject to paragraph (2), a corporation established under this subchapter may facilitate the conduct of research, education, or both at more than one medical center. Such a corpora- tion shall be known as a ‘‘multi-medical center research corporation’’. (2) The board of directors of a multi-medical center research corporation under this sub- section shall include the official at each Depart- ment medical center concerned who is, or who carries out the responsibilities of, the medical center director of such center as specified in sec- tion 7363(a)(1)(A)(i) of this title. (3) In facilitating the conduct of research, edu- cation, or both at more than one Department medical center under this subchapter, a multi- medical center research corporation may admin- ister receipts and expenditures relating to such research, education, or both, as applicable, per- formed at the Department medical centers con- cerned. (c) Any corporation established under this subchapter shall be established in accordance with the nonprofit corporation laws of the State in which the applicable Department medical center is located and shall, to the extent not in- consistent with any Federal law, be subject to the laws of such State. In the case of any multi- medical center research corporation that facili- tates the conduct of research, education, or both at Department medical centers located in dif- ferent States, the corporation shall be estab- lished in accordance with the nonprofit corpora- tion laws of the State in which one of such De- partment medical centers is located. (d)(1) Except as otherwise provided in this sub- chapter or under regulations prescribed by the Secretary, any corporation established under this subchapter, and its officers, directors, and employees, shall be required to comply only with those Federal laws, regulations, and execu- tive orders and directives that apply generally to private nonprofit corporations. (2) A corporation under this subchapter is not— (A) owned or controlled by the United States; or (B) an agency or instrumentality of the United States. (e) If by the end of the four-year period begin- ning on the date of the establishment of a cor- poration under this subchapter the corporation is not recognized as an entity the income of which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, the Secretary shall dissolve the corporation. (f) A corporation established under this sub- chapter may act as a multi-medical center re- search corporation under this subchapter in ac- cordance with subsection (b) if— (1) the board of directors of the corporation approves a resolution permitting facilitation by the corporation of the conduct of research, education, or both at the other Department medical center or medical centers concerned; and