
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7334]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
 CHAPTER 73--VETERANS HEALTH ADMINISTRATION--ORGANIZATION AND FUNCTIONS
 
              SUBCHAPTER III--PROTECTION OF PATIENT RIGHTS
 
Sec. 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 section 
7333 of this title 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 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 
circumvention or evasion of such regulations or to facilitate compliance 
with such regulations.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
    (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.

(Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90 Stat. 
2851, Sec. 4134; amended Pub. L. 97-295, Sec. 4(87), Oct. 12, 1982, 96 
Stat. 1312; Pub. L. 100-322, title I, Sec. 122(a), May 20, 1988, 102 
Stat. 504; renumbered Sec. 7334 and amended Pub. L. 102-40, title IV, 
Secs. 401(a)(4)(A), 402(d)(1), 403(a)(1), (4), May 7, 1991, 105 Stat. 
221, 239.)

                       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, as amended, 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, Sec. 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 Pub. L. 91-616, Dec. 31, 1970, 84 
Stat. 1848, as amended, which is classified principally to chapter 60 
(Sec. 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, referred 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, as amended, which is classified principally to chapter 16 
(Sec. 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 subsec. (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, 
Sec. 121(b)(2)(A), May 20, 1988, 102 Stat. 502, and subsequently 
renumbered section 7332(b)(2)(D) by Pub. L. 102-40, title IV, 
Sec. 401(a)(4)(A), May 7, 1991, 105 Stat. 221. The reference to section 
4132(b)(2)(C) in subsec. (c) was amended to reflect the renumbering by 
Pub. L. 102-40 but not the redesignation by Pub. L. 100-322.


                               Amendments

    1991--Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4134 of 
this title as this section.
    Subsec. (a). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
section'' after ``subsection (b)''.
    Pub. L. 102-40, Sec. 403(a)(1), substituted ``Secretary'' for 
``Administrator''.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``7331'' for ``4131'', 
``7332'' for ``4132'', and ``7333'' for ``4133''.
    Subsec. (b). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
section'' after ``subsection (a)'' in introductory provisions.
    Subsec. (c). Pub. L. 102-40, Sec. 403(a)(1), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-40, Sec. 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, Sec. 403(a)(1), substituted 
``Secretary'' for ``Administrator'' in two places.
    1988--Pub. L. 100-322 amended section generally, substituting 
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 Welfare'' wherever appearing, 
and substituted ``the President (or the delegate of the President)'' for 
``the Director of the Office of Drug Abuse Policy (or any successor 
authority)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 7331, 7332, 7333 of this 
title.
