42 U.S.C. § 295j — Preferences and required information in

Page 1076 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 295j Pub. L. 105–392, title I, § 106(a)(2)(A), Nov. 13, 1998, 112 Stat. 3557, redesignated part G as F. § 295j. Preferences and required information in certain programs (a) Preferences in making awards (1) In general Subject to paragraph (2), in making awards of grants or contracts under any of sections 293k and 294 of this title, the Secretary shall give preference to any qualified applicant that— (A) has a high rate for placing graduates in practice settings having the principal focus of serving residents of medically under- served communities; (B) during the 2-year period preceding the fiscal year for which such an award is sought, has achieved a significant increase in the rate of placing graduates in such set- tings; or (C) utilizes a longitudinal evaluation (as described in section 294n(d)(2) of this title) and reports data from such system to the na- tional workforce database (as established under section 294n(b)(2)(E) of this title). (2) Limitation regarding peer review For purposes of paragraph (1), the Secretary may not give an applicant preference if the proposal of the applicant is ranked at or below the 20th percentile of proposals that have been recommended for approval by peer review groups. (b) ‘‘Graduate’’ defined For purposes of this section, the term ‘‘grad- uate’’ means, unless otherwise specified, an indi- vidual who has successfully completed all train- ing and residency requirements necessary for full certification in the health profession se- lected by the individual. (c) Exceptions for new programs (1) In general To permit new programs to compete equi- tably for funding under this section, those new programs that meet at least 4 of the criteria described in paragraph (3) shall qualify for a funding preference under this section. (2) Definition As used in this subsection, the term ‘‘new program’’ means any program that has grad- uated less than three classes. Upon graduating at least three classes, a program shall have the capability to provide the information nec- essary to qualify the program for the general funding preferences described in subsection (a). (3) Criteria The criteria referred to in paragraph (1) are the following: (A) The mission statement of the program identifies a specific purpose of the program as being the preparation of health profes- sionals to serve underserved populations. (B) The curriculum of the program in- cludes content which will help to prepare practitioners to serve underserved popu- lations. (C) Substantial clinical training experi- ence is required under the program in medi- cally underserved communities. (D) A minimum of 20 percent of the clin- ical faculty of the program spend at least 50 percent of their time providing or super- vising care in medically underserved com- munities. (E) The entire program or a substantial portion of the program is physically located in a medically underserved community. (F) Student assistance, which is linked to service in medically underserved commu- nities following graduation, is available to the students in the program. (G) The program provides a placement mechanism for deploying graduates to medi- cally underserved communities. (July 1, 1944, ch. 373, title VII, § 791, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2058; amended Pub. L. 102–531, title III, § 313(a)(5), Oct. 27, 1992, 106 Stat. 3507; Pub. L. 105–392, title I, §§ 106(a)(2)(B), 107, Nov. 13, 1998, 112 Stat. 3557, 3560; Pub. L. 111–148, title V, § 5103(c), Mar. 23, 2010, 124 Stat. 605.) Editorial Notes PRIOR PROVISIONS A prior section 295j, act July 1, 1944, ch. 373, title VII, § 799A, as added Nov. 4, 1988, Pub. L. 100–607, title VI, § 637(a), 102 Stat. 3149; amended Nov. 18, 1988, Pub. L. 100–690, title II, § 2615(g)[(i)], 102 Stat. 4240; Aug. 16, 1989, Pub. L. 101–93, § 5(n), 103 Stat. 613, related to grants and contracts to provide health care in rural areas, prior to the general amendment of this subchapter by Pub. L. 102–408. Another prior section 295j, act July 1, 1944, ch. 373, title VII, § 799A, as added Nov. 23, 1988, Pub. L. 100–713, title VII, § 714, 102 Stat. 4834, relating to grants and con- tracts to provide health care in rural areas, prior to re- peal by Pub. L. 100–607, title VI, § 637(b), Nov. 4, 1988, 102 Stat. 3151. Subsequently, section 637(b) of Pub. L. 100–607 was repealed by Pub. L. 101–93, § 5(n)(1), Aug. 16, 1989, 103 Stat. 613, and section 5(n)(2) of Pub. L. 101–93 amended this subchapter to read as if the amendment made by section 714 of Pub. L. 100–713 had not been en- acted. A prior section 791 of act July 1, 1944, was classified to section 295h of this title prior to the general amend- ment of this subchapter by Pub. L. 102–408. AMENDMENTS 2010—Subsec. (a)(1)(C). Pub. L. 111–148 added subpar. (C). 1998—Subsec. (a)(1). Pub. L. 105–392, § 107(b)(1), sub- stituted ‘‘sections 293k and 294 of this title’’ for ‘‘sec- tions 293k through 293o of this title, under section 294b of this title, or under section 294d or 294e of this title’’ in introductory provisions. Subsec. (a)(2). Pub. L. 105–392, § 107(b)(2), struck out ‘‘under section 295o(a) of this title’’ before period at end. Subsec. (b). Pub. L. 105–392, § 106(a)(2)(B), redesignated subsec. (c) as (b) and struck out former subsec. (b) which required submission of certain information by applicant. Subsec. (c). Pub. L. 105–392, §§ 106(a)(2)(B)(ii), 107(a), added subsec. (c) and redesignated former subsec. (c) as (b). 1992—Subsec. (b). Pub. L. 102–531, in introductory pro- visions, inserted references to sections 294d and 294e of this title and substituted reference to section 295o(f)(2) of this title for reference to section 293p(a) of this title. 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,