
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: 42USC295j]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
               SUBCHAPTER V--HEALTH PROFESSIONS EDUCATION
 
                       Part F--General Provisions
 
Sec. 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 underserved communities; or
            (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 settings.

                (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 ``graduate'' means, unless 
otherwise specified, an individual who has successfully completed all 
training and residency requirements necessary for full certification in 
the health profession selected by the individual.

(c) Exceptions for new programs

                           (1) In general

        To permit new programs to compete equitably 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 graduated less than three classes. Upon graduating 
    at least three classes, a program shall have the capability to 
    provide the information necessary to qualify the program for the 
    general funding preferences described in subsection (a) of this 
    section.

                            (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 professionals to serve underserved populations.
            (B) The curriculum of the program includes content which 
        will help to prepare practitioners to serve underserved 
        populations.
            (C) Substantial clinical training experience is required 
        under the program in medically underserved communities.
            (D) A minimum of 20 percent of the clinical faculty of the 
        program spend at least 50 percent of their time providing or 
        supervising care in medically underserved communities.
            (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 communities following graduation, is 
        available to the students in the program.
            (G) The program provides a placement mechanism for deploying 
        graduates to medically underserved communities.

(July 1, 1944, ch. 373, title VII, Sec. 791, as added Pub. L. 102-408, 
title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2058; amended Pub. L. 102-
531, title III, Sec. 313(a)(5), Oct. 27, 1992, 106 Stat. 3507; Pub. L. 
105-392, title I, Secs. 106(a)(2)(B), 107, Nov. 13, 1998, 112 Stat. 
3557, 3560.)


                            Prior Provisions

    A prior section 295j, act July 1, 1944, ch. 373, title VII, 
Sec. 799A, as added Nov. 4, 1988, Pub. L. 100-607, title VI, 
Sec. 637(a), 102 Stat. 3149; amended Nov. 18, 1988, Pub. L. 100-690, 
title II, Sec. 2615(g)[(i)], 102 Stat. 4240; Aug. 16, 1989, Pub. L. 101-
93, Sec. 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, 
Sec. 799A, as added Nov. 23, 1988, Pub. L. 100-713, title VII, Sec. 714, 
102 Stat. 4834, relating to grants and contracts to provide health care 
in rural areas, prior to repeal by Pub. L. 100-607, title VI, 
Sec. 637(b), Nov. 4, 1988, 102 Stat. 3151. Subsequently, section 637(b) 
of Pub. L. 100-607 was repealed by Pub. L. 101-93, Sec. 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 enacted.
    A prior section 791 of act July 1, 1944, was classified to section 
295h of this title prior to the general amendment of this subchapter by 
Pub. L. 102-408.


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-392, Sec. 107(b)(1), substituted 
``sections 293k and 294 of this title'' for ``sections 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, Sec. 107(b)(2), struck out ``under 
section 295o(a) of this title'' before period at end.
    Subsec. (b). Pub. L. 105-392, Sec. 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, Secs. 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 provisions, 
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.


                    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

    Section 308 of Pub. L. 102-408 provided that: ``With respect to 
awards of grants or contracts under title VII or VIII of the Public 
Health Service Act [this subchapter or subchapter VI of this chapter], 
the Secretary of Health and Human Services may make such an award for 
the provision of traineeships only if the applicant for the award 
provides assurances satisfactory to the Secretary that all trainees 
will, as appropriate, receive instruction in the utilization of 
universal precautions and infection control procedures for the 
prevention of the transmission of bloodborne diseases.''
