
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: 42USC295k]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
               SUBCHAPTER V--HEALTH PROFESSIONS EDUCATION
 
                       Part F--General Provisions
 
Sec. 295k. Health professions data


(a) In general

    The Secretary shall establish a program, including a uniform health 
professions data reporting system, to collect, compile, and analyze data 
on health professions personnel which program shall initially include 
data respecting all physicians and dentists in the States. The Secretary 
is authorized to expand the program to include, whenever he determines 
it necessary, the collection, compilation, and analysis of data 
respecting pharmacists, optometrists, podiatrists, 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 designated by the 
Secretary to be included in the program. Such data shall include data 
respecting the training, licensure status (including permanent, 
temporary, partial, limited, or institutional), place or places of 
practice, professional specialty, practice characteristics, place and 
date of birth, sex, and socioeconomic background of health professions 
personnel and such other demographic information regarding health 
professions personnel as the Secretary may require.

(b) Certain authorities and requirements

                     (1) Sources of information

        In carrying out subsection (a) of this section, the Secretary 
    shall collect available information from appropriate 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 descriptive studies of the health 
    professions, including evaluations and projections of the supply of, 
    and requirements for, the health professions by specialty and 
    geographic location. Such studies shall include studies determining 
    by specialty and geographic location the number of health 
    professionals (including allied health professionals and health care 
    administration personnel) who are members of minority groups, 
    including Hispanics, and studies providing by specialty and 
    geographic location evaluations and projections of the supply of, 
    and requirements for, health professionals (including allied health 
    professionals and health care administration personnel) to serve 
    minority 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) of this section. The Secretary 
    shall determine the amount and scope of any such grant or contract. 
    To be eligible for a grant or contract under this paragraph a State 
    or entity shall submit an application in such form and manner and 
    containing such information as the Secretary shall require. Such 
    application shall include reasonable assurance, satisfactory to the 
    Secretary, that--
            (A) such State (or nonprofit entity within a State) will 
        establish a program of mandatory annual registration of the 
        health professions personnel described in subsection (a) of this 
        section who reside or practice in such State and of health 
        institutions licensed by such State, which registration shall 
        include such information 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) of this section.

(d) \1\ Reports to Congress
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    \1\ So in original. No subsec. (c) has been enacted.
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    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 profession, including a report regarding the 
    analytic and descriptive studies conducted under this section.
        (2) A comprehensive report regarding applicants to, and students 
    enrolled in, programs and institutions for the training of health 
    personnel, including descriptions and analyses of student 
    indebtedness, student need for financial 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 individually identifiable personal data 
    (hereinafter in this subsection referred to as ``personal 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, as the case may be, of 
        providing or not providing such data;
            (B) upon request, inform any individual if he is the subject 
        of personal data secured or maintained by the Secretary or 
        program entity, as the case may be, and make the data available 
        to him in a form comprehensible to him;
            (C) assure that no use is made of personal data which use is 
        not within the purposes of this section unless an informed 
        consent has been obtained from the individual who is the subject 
        of such data; and
            (D) upon request, inform any individual of the use being 
        made of personal data respecting such individual and of the 
        identity of the individuals and entities which will use the data 
        and their relationship to the programs under this section.

              (2) Consent as precondition to disclosure

        Any entity which maintains a record of personal data and which 
    receives a request from the Secretary or a program entity for such 
    data for purposes of this section shall not transfer any such data 
    to the Secretary or to a program entity unless the individual whose 
    personal data is to be so transferred gives an informed consent for 
    such transfer.

                     (3) Disclosure by Secretary

        (A) Notwithstanding any other provision of law, personal data 
    collected by the Secretary or any program entity under this section 
    may not be made available or disclosed by the Secretary or any 
    program entity to any person other than the individual who is the 
    subject of such data unless (i) such person requires such data for 
    purposes of this section, or (ii) in response to a demand for such 
    data made by means of compulsory legal process. Any individual who 
    is the subject of personal data made available or disclosed under 
    clause (ii) shall be notified of the demand for such data.
        (B) Subject to all applicable laws regarding confidentiality, 
    only the data collected by the Secretary under this section which is 
    not personal data shall be made available to bona fide researchers 
    and policy analysts (including the Congress) for the purposes of 
    assisting in the conduct of studies respecting health professions 
    personnel.

                   (4) ``Program entity'' defined

        For purposes of this subsection, the term ``program entity'' 
    means any public or private entity which collects, compiles, or 
    analyzes health professions data under a grant, contract, or other 
    arrangement with the Secretary under this section.

(g) \2\ Technical assistance
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    \2\ So in original. No subsec. (f) has been enacted.
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    The Secretary shall provide technical assistance to the States and 
political subdivisions thereof in the development of systems (including 
model laws) concerning confidentiality and comparability of data 
collected pursuant to this section.

(h) Grants and contracts regarding nonprofit entities

                           (1) In general

        In carrying out subsection (a) of this section, the Secretary 
    may make grants, or enter into contracts and cooperative agreements 
    with, and provide technical assistance to, any nonprofit entity in 
    order to establish a uniform allied health professions data 
    reporting system to collect, compile, and analyze data on the allied 
    health professions personnel.

                             (2) Reports

        With respect to reports required in subsection (d) of this 
    section, each such report made on or after October 1, 1991, shall 
    include a description and analysis of data collected pursuant to 
    paragraph (1).

(July 1, 1944, ch. 373, title VII, Sec. 792, as added Pub. L. 102-408, 
title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2058; amended Pub. L. 105-
392, title I, Sec. 106(b), Nov. 13, 1998, 112 Stat. 3559.)


                            Prior Provisions

    A prior section 792 of act July 1, 1944, was classified to section 
295h-1b of this title prior to the general amendment of this subchapter 
by Pub. L. 102-408.
    Another prior section 792 of act July 1, 1944, was classified to 
section 295h-1 of this title prior to repeal by Pub. L. 97-35.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-392 inserted ``professional 
counselors,'' after ``clinical psychologists,''.


            Study Regarding Shortages of Licensed Pharmacists

    Pub. L. 106-129, Sec. 5, Dec. 6, 1999, 113 Stat. 1675, provided 
that:
    ``(a) In General.--The Secretary of Health and Human Services (in 
this section referred to as the `Secretary'), acting through the 
appropriate agencies of the Public Health Service, shall conduct a study 
to determine whether and to what extent there is a shortage of licensed 
pharmacists. In carrying out the study, the Secretary shall seek the 
comments of appropriate public and private entities regarding any such 
shortage.
    ``(b) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act [Dec. 6, 1999], the Secretary shall complete 
the study under subsection (a) and submit to the Congress a report that 
describes the findings made through the study and that contains a 
summary of the comments received by the Secretary pursuant to such 
subsection.''


             Advisory Council on Graduate Medical Education

    Section 301 of Pub. L. 102-408, as amended by Pub. L. 102-531, title 
III, Sec. 313(b), Oct. 27, 1992, 106 Stat. 3507; Pub. L. 105-392, title 
I, Sec. 104(b)(1)-(3), Nov. 13, 1998, 112 Stat. 3552, which was formerly 
set out as a note under this section, was renumbered section 762 of the 
Public Health Service Act by Pub. L. 105-392, title I, Sec. 104(b)(4)-
(6), Nov. 13, 1998, 112 Stat. 3553, and is classified to section 294o of 
this title.


                       Commission on Allied Health

    Section 302 of Pub. L. 102-408 provided for establishment of a 
National Commission on Allied Health, charged with (1) making 
recommendations to the Secretary of Health and Human Services and 
Congress with respect to nationwide supply and distribution of allied 
health personnel, current and future shortages of personnel, priority 
research needs within allied health professions, Federal policies 
relating to personnel and research as well as undergraduate and graduate 
financing, concerted efforts on part of allied health facilities and 
educational institutions to address such matters, and needs with respect 
to nationwide data bases concerning supply and distribution of allied 
health personnel, and (2) encouraging entities providing allied health 
education to voluntarily achieve recommendations of Commission, and 
further provided for composition of Commission, date certain for 
appointments to Commission, resources for Commission activities, an 
interim progress report due not later than Oct. 1, 1993, a final report 
due not later than Apr. 1, 1994, and termination of Commission 60 days 
after submission of final report.


   Study Regarding Shortage of Clinical Laboratory Technologists for 
               Medically Underserved and Rural Communities

    Section 303 of Pub. L. 102-408 directed Secretary of Health and 
Human Services, with respect to the shortage of clinical laboratory 
technologists, to conduct a study for the purpose of determining whether 
there are special or unique factors affecting the supply of clinical 
laboratory technologists in medically underserved and rural communities, 
and assessing alternative routes for certification of the competence of 
individuals to serve as such technologists, with consideration of the 
role of entities providing such certifications, and, not later than Oct. 
1, 1993, complete the study and submit to Committee on Energy and 
Commerce of House of Representatives, and to Committee on Labor and 
Human Resources of Senate, a report describing the findings made as 
result of the study.


             National Advisory Council on Medical Licensure

    Section 307 of Pub. L. 102-408 directed Secretary of Health and 
Human Services to establish National Advisory Council on Medical 
Licensure to advise Secretary on American Medical Association's system 
of verifying and maintaining information regarding qualifications of 
individuals to practice medicine, as well as advice regarding 
establishment and operation of any similar system, provided for 
activities of Council, including review of private credentials 
verification system and recommendations on how it could be improved, as 
well as review of State procedures for licensing individuals licensed in 
other States and procedures for licensing international medical 
graduates, provided for composition of Council and appointment of 
members, required submission of an interim report to Congress not later 
than Sept. 30, 1993, and a final report with recommendations not later 
than Sept. 30, 1995, provided for termination of Council not later than 
Sept. 30, 1995, or upon submission of final report, whichever is 
earlier, and further directed Secretary, in cooperation with Council to 
submit to Congress, not later than Sept. 30, 1994, study of not less 
than 10 States for purposes of determining average time required for 
States to process licensure applications of domestic and international 
medical graduates as well as percentages of domestic and international 
licensure applications approved.

                  Section Referred to in Other Sections

    This section is referred to in sections 294n, 294o of this title.
