
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 2101(a)]
[CITE: 42USC274]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                        Part H--Organ Transplants
 
Sec. 274. Organ procurement and transplantation network


(a) Contract authority of Secretary; limitation; available 
        appropriations

    The Secretary shall by contract provide for the establishment and 
operation of an Organ Procurement and Transplantation Network which 
meets the requirements of subsection (b) of this section. The amount 
provided under such contract in any fiscal year may not exceed 
$2,000,000. Funds for such contracts shall be made available from funds 
available to the Public Health Service from appropriations for fiscal 
years beginning after fiscal year 1984.

(b) Functions

    (1) The Organ Procurement and Transplantation Network shall carry 
out the functions described in paragraph (2) and shall--
        (A) be a private nonprofit entity that has an expertise in organ 
    procurement and transplantation, and
        (B) have a board of directors--
            (i) that includes representatives of organ procurement 
        organizations (including organizations that have received grants 
        under section 273 of this title), transplant centers, voluntary 
        health associations, and the general public; and
            (ii) that shall establish an executive committee and other 
        committees, whose chairpersons shall be selected to ensure 
        continuity of leadership for the board.

    (2) The Organ Procurement and Transplantation Network shall--
        (A) establish in one location or through regional centers--
            (i) a national list of individuals who need organs, and
            (ii) a national system, through the use of computers and in 
        accordance with established medical criteria, to match organs 
        and individuals included in the list, especially individuals 
        whose immune system makes it difficult for them to receive 
        organs,

        (B) establish membership criteria and medical criteria for 
    allocating organs and provide to members of the public an 
    opportunity to comment with respect to such criteria,
        (C) maintain a twenty-four-hour telephone service to facilitate 
    matching organs with individuals included in the list,
        (D) assist organ procurement organizations in the nationwide 
    distribution of organs equitably among transplant patients,
        (E) adopt and use standards of quality for the acquisition and 
    transportation of donated organs, including standards for preventing 
    the acquisition of organs that are infected with the etiologic agent 
    for acquired immune deficiency syndrome,
        (F) prepare and distribute, on a regionalized basis (and, to the 
    extent practicable, among regions or on a national basis), samples 
    of blood sera from individuals who are included on the list and 
    whose immune system makes it difficult for them to receive organs, 
    in order to facilitate matching the compatibility of such 
    individuals with organ donors,
        (G) coordinate, as appropriate, the transportation of organs 
    from organ procurement organizations to transplant centers,
        (H) provide information to physicians and other health 
    professionals regarding organ donation,
        (I) collect, analyze, and publish data concerning organ donation 
    and transplants,
        (J) carry out studies and demonstration projects for the purpose 
    of improving procedures for organ procurement and allocation, and 
    \1\
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    \1\ So in original. The word ``and'' probably should not appear.
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        (K) work actively to increase the supply of donated organs.\2\
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    \2\ So in original. The period probably should be ``, and''.
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        (L) submit to the Secretary an annual report containing 
    information on the comparative costs and patient outcomes at each 
    transplant center affiliated with the organ procurement and 
    transplantation network.

(c) Consideration of critical comments

    The Secretary shall establish procedures for--
        (1) receiving from interested persons critical comments relating 
    to the manner in which the Organ Procurement and Transplantation 
    Network is carrying out the duties of the Network under subsection 
    (b) of this section; and
        (2) the consideration by the Secretary of such critical 
    comments.

(July 1, 1944, ch. 373, title III, Sec. 372, as added Pub. L. 98-507, 
title II, Sec. 201, Oct. 19, 1984, 98 Stat. 2344; amended Pub. L. 100-
607, title IV, Sec. 403, Nov. 4, 1988, 102 Stat. 3115; Pub. L. 101-616, 
title II, Sec. 202(a)-(c), Nov. 16, 1990, 104 Stat. 3283, 3284.)


                            Prior Provisions

    A prior section 274, act July 1, 1944, ch. 373, title III, Sec. 372, 
as added July 28, 1956, ch. 772, title II, Sec. 201, 70 Stat. 710; 
amended June 25, 1959, Pub. L. 86-70, Sec. 31(b)(2)-(4), 73 Stat. 148, 
related to grants to Alaska for a mental health program and payment for 
construction of hospital facilities, prior to the general revision of 
this part by section 201 of Pub. L. 98-507.
    Another section 372 of act July 1, 1944, added by act Aug. 3, 1956, 
ch. 941, Sec. 1, 70 Stat. 960, which related to functions of National 
Library of Medicine, was renumbered section 382 and classified to 
section 276 of this title, prior to repeal by Pub. L. 99-158, Sec. 3(b), 
Nov. 20, 1985, 99 Stat. 879.


                               Amendments

    1990--Subsec. (b)(1)(A). Pub. L. 101-616, Sec. 202(a)(1), 
substituted ``that has an expertise in organ procurement and 
transplantation'' for ``which is not engaged in any activity unrelated 
to organ procurement''.
    Subsec. (b)(1)(B). Pub. L. 101-616, Sec. 202(a)(2), amended subpar. 
(B) generally. Prior to amendment, subpar. (B) read as follows: ``have a 
board of directors which includes representatives of organ procurement 
organizations (including organizations which have received grants under 
section 273 of this title), transplant centers, voluntary health 
associations, and the general public.''
    Subsec. (b)(2)(D). Pub. L. 101-616, Sec. 202(b)(1), inserted 
``nationwide'' after ``organizations in the'' and ``equitably among 
transplant patients'' after ``organs''.
    Subsec. (b)(2)(F). Pub. L. 101-616, Sec. 202(c), substituted 
``compatibility'' for ``compatability''.
    Subsec. (b)(2)(K), (L). Pub. L. 101-616, Sec. 202(b)(2)-(4), added 
subpars. (K) and (L).
    1988--Subsec. (b)(2)(B), (C). Pub. L. 100-607, Sec. 403(a)(1), added 
subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), 
respectively.
    Subsec. (b)(2)(D). Pub. L. 100-607, Sec. 403(a)(1), (2), 
redesignated former subpar. (C) as (D) and substituted ``organs'' for 
``organs which cannot be placed within the service areas of the 
organizations''. Former subpar. (D) redesignated (E).
    Subsec. (b)(2)(E). Pub. L. 100-607, Sec. 403(a)(1), (3), 
redesignated former subpar. (D) as (E) and inserted ``including 
standards for preventing the acquisition of organs that are infected 
with the etiologic agent for acquired immune deficiency syndrome,'' 
after ``organs,''. Former subpar. (E) redesignated (F).
    Subsec. (b)(2)(F). Pub. L. 100-607, Sec. 403(a)(1), (4), 
redesignated former subpar. (E) as (F) and inserted ``(and, to the 
extent practicable, among regions or on a national basis)'' after 
``basis''. Former subpar. (F) redesignated (G).
    Subsec. (b)(2)(G) to (I). Pub. L. 100-607, Sec. 403(a)(1), 
redesignated former subpars. (F) to (H) as (G) to (I), respectively.
    Subsec. (b)(2)(J). Pub. L. 100-607, Sec. 403(a)(5), added subpar. 
(J).
    Subsec. (c). Pub. L. 100-607, Sec. 403(b), added subsec. (c).


                    Effective Date of 1990 Amendment

    Section 202(d) of Pub. L. 101-616 provided that: ``The amendments 
made by subsection (a) [amending this section] shall become effective on 
December 31, 1990.''

                  Section Referred to in Other Sections

    This section is referred to in sections 273, 274b, 274c, 1320b-8 of 
this title.
