
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: 42USC295p]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
               SUBCHAPTER V--HEALTH PROFESSIONS EDUCATION
 
                       Part F--General Provisions
 
Sec. 295p. Definitions

    For purposes of this subchapter:
        (1)(A) The terms ``school of medicine'', ``school of 
    dentistry'', ``school of osteopathic medicine'', ``school of 
    pharmacy'', ``school of optometry'', ``school of podiatric 
    medicine'', ``school of veterinary medicine'', ``school of public 
    health'', and ``school of chiropractic'' mean an accredited public 
    or nonprofit private school in a State that provides training 
    leading, respectively, to a degree of doctor of medicine, a degree 
    of doctor of dentistry or an equivalent degree, a degree of doctor 
    of osteopathy, a degree of bachelor of science in pharmacy or an 
    equivalent degree or a degree of doctor of pharmacy or an equivalent 
    degree, a degree of doctor of optometry or an equivalent degree, a 
    degree of doctor of podiatric medicine or an equivalent degree, a 
    degree of doctor of veterinary medicine or an equivalent degree, a 
    graduate degree in public health or an equivalent degree, and a 
    degree of doctor of chiropractic or an equivalent degree, and 
    including advanced training related to such training provided by any 
    such school.
        (B) The terms ``graduate program in health administration'' and 
    ``graduate program in clinical psychology'' mean an accredited 
    graduate program in a public or nonprofit private institution in a 
    State that provides training leading, respectively, to a graduate 
    degree in health administration or an equivalent degree and a 
    doctoral degree in clinical psychology or an equivalent degree.
        (C) The terms ``graduate program in clinical social work'' and 
    ``graduate program in marriage and family therapy'' and ``graduate 
    program in professional counseling'' mean an accredited graduate 
    program in a public or nonprofit private institution in a State that 
    provides training, respectively, in a concentration in health or 
    mental health care leading to a graduate degree in social work and a 
    concentration leading to a graduate degree in marriage and family 
    therapy and a concentration leading to a graduate degree in 
    counseling.
        (D) The term ``graduate program in behavioral health and mental 
    health practice'' means a graduate program in clinical psychology, 
    behavioral health and mental health practice, clinical social work, 
    professional counseling, or marriage and family therapy.
        (E) The term ``accredited'', when applied to a school of 
    medicine, osteopathic medicine, dentistry, veterinary medicine, 
    optometry, podiatry, pharmacy, public health, or chiropractic, or a 
    graduate program in health administration, clinical psychology, 
    clinical social work, professional counseling, or marriage and 
    family therapy, means a school or program that is accredited by a 
    recognized body or bodies approved for such purpose by the Secretary 
    of Education, except that a new school or program that, by reason of 
    an insufficient period of operation, is not, at the time of 
    application for a grant or contract under this subchapter, eligible 
    for accreditation by such a recognized body or bodies, shall be 
    deemed accredited for purposes of this subchapter, if the Secretary 
    of Education finds, after consultation with the appropriate 
    accreditation body or bodies, that there is reasonable assurance 
    that the school or program will meet the accreditation standards of 
    such body or bodies prior to the beginning of the academic year 
    following the normal graduation date of the first entering class in 
    such school or program.
        (2) The term ``teaching facilities'' means areas dedicated for 
    use by students, faculty, or administrative or maintenance personnel 
    for clinical purposes, research activities, libraries, classrooms, 
    offices, auditoriums, dining areas, student activities, or other 
    related purposes necessary for, and appropriate to, the conduct of 
    comprehensive programs of education. Such term includes interim 
    facilities but does not include off-site improvements or living 
    quarters.
        (3) The term ``program for the training of physician 
    assistants'' means an educational program that--
            (A) has as its objective the education of individuals who 
        will, upon completion of their studies in the program, be 
        qualified to provide primary care under the supervision of a 
        physician;
            (B) extends for at least one academic year and consists of--
                (i) supervised clinical practice; and
                (ii) at least four months (in the aggregate) of 
            classroom instruction, directed toward preparing students to 
            deliver health care;

            (C) has an enrollment of not less than eight students; and
            (D) trains students in primary care, disease prevention, 
        health promotion, geriatric medicine, and home health care.

        (4) The term ``school of allied health'' means a public or 
    nonprofit private college, junior college, or university or 
    hospital-based educational entity that--
            (A) provides, or can provide, programs of education to 
        enable individuals to become allied health professionals or to 
        provide additional training for allied health professionals;
            (B) provides training for not less than a total of twenty 
        persons in the allied health curricula (except that this 
        subparagraph shall not apply to any hospital-based educational 
        entity);
            (C) includes or is affiliated with a teaching hospital; and
            (D) is accredited by a recognized body or bodies approved 
        for such purposes by the Secretary of Education, or which 
        provides to the Secretary satisfactory assurance by such 
        accrediting body or bodies that reasonable progress is being 
        made toward accreditation.

        (5) The term ``allied health professionals'' means a health 
    professional (other than a registered nurse or physician 
    assistant)--
            (A) who has received a certificate, an associate's degree, a 
        bachelor's degree, a master's degree, a doctoral degree, or 
        postbaccalaureate training, in a science relating to health 
        care;
            (B) who shares in the responsibility for the delivery of 
        health care services or related services, including--
                (i) services relating to the identification, evaluation, 
            and prevention of disease and disorders;
                (ii) dietary and nutrition services;
                (iii) health promotion services;
                (iv) rehabilitation services; or
                (v) health systems management services; and

            (C) who has not received a degree of doctor of medicine, a 
        degree of doctor of osteopathy, a degree of doctor of dentistry 
        or an equivalent degree, a degree of doctor of veterinary 
        medicine or an equivalent degree, a degree of doctor of 
        optometry or an equivalent degree, a degree of doctor of 
        podiatric medicine or an equivalent degree, a degree of bachelor 
        of science in pharmacy or an equivalent degree, a degree of 
        doctor of pharmacy or an equivalent degree, a graduate degree in 
        public health or an equivalent degree, a degree of doctor of 
        chiropractic or an equivalent degree, a graduate degree in 
        health administration or an equivalent degree, a doctoral degree 
        in clinical psychology or an equivalent degree, or a degree in 
        social work or an equivalent degree or a degree in counseling or 
        an equivalent degree.

        (6) The term ``medically underserved community'' means an urban 
    or rural area or population that--
            (A) is eligible for designation under section 254e of this 
        title as a health professional shortage area;
            (B) is eligible to be served by a migrant health center 
        under section 254b \1\ of this title, a community health center 
        under section 254c \1\ of this title, a grantee under section 
        256 \1\ of this title (relating to homeless individuals), or a 
        grantee under section 256a \1\ of this title (relating to 
        residents of public housing);
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    \1\ See References in Text notes below.
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            (C) has a shortage of personal health services, as 
        determined under criteria issued by the Secretary under section 
        1395x(aa)(2) of this title (relating to rural health clinics); 
        or
            (D) is designated by a State Governor (in consultation with 
        the medical community) as a shortage area or medically 
        underserved community.

        (7) The term ``Department'' means the Department of Health and 
    Human Services.
        (8) The term ``nonprofit'' refers to the status of an entity 
    owned and operated by one or more corporations or associations no 
    part of the net earnings of which inures, or may lawfully inure, to 
    the benefit of any private shareholder or individual.
        (9) The term ``State'' includes, in addition to the several 
    States, only the District of Columbia, the Commonwealth of Puerto 
    Rico, the Commonwealth of the Northern Mariana Islands, the Virgin 
    Islands, Guam, American Samoa, and the Trust Territory of the 
    Pacific Islands.
        (10)(A) Subject to subparagraph (B), the term ``underrepresented 
    minorities'' means, with respect to a health profession, racial and 
    ethnic populations that are underrepresented in the health 
    profession relative to the number of individuals who are members of 
    the population involved.
        (B) For purposes of subparagraph (A), Asian individuals shall be 
    considered by the various subpopulations of such individuals.
        (11) The term ``psychologist'' means an individual who--
            (A) holds a doctoral degree in psychology; and
            (B) is licensed or certified on the basis of the doctoral 
        degree in psychology, by the State in which the individual 
        practices, at the independent practice level of psychology to 
        furnish diagnostic, assessment, preventive, and therapeutic 
        services directly to individuals.

(July 1, 1944, ch. 373, title VII, Sec. 799B, formerly Sec. 799, as 
added Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 2066; 
renumbered Sec. 799B and amended Pub. L. 105-392, title I, 
Secs. 106(a)(2)(E), 108, Nov. 13, 1998, 112 Stat. 3557, 3560.)

                       References in Text

    Sections 254b and 254c of this title, referred to in par. (6)(B), 
were in the original references to sections 329 and 330, meaning 
sections 329 and 330 of act July 1, 1944, which were omitted in the 
general amendment of subpart I (Sec. 254b et seq.) of part D of 
subchapter II of this chapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 
110 Stat. 3626. Sections 2 and 3(a) of Pub. L. 104-299 enacted new 
sections 330 and 330A of act July 1, 1944, which are classified, 
respectively, to sections 254b and 254c of this title.
    Sections 256 and 256a of this title, referred to in par. (6)(B), 
were repealed by Pub. L. 104-299, Sec. 4(a)(3), Oct. 11, 1996, 110 Stat. 
3645.


                               Amendments

    1998--Par. (1)(C). Pub. L. 105-392, Sec. 108(b)(1)(A), inserted 
``and `graduate program in professional counseling' '' before ``mean 
an'' and ``and a concentration leading to a graduate degree in 
counseling'' before period at end.
    Par. (1)(D). Pub. L. 105-392, Sec. 108(a), (b)(1)(B), inserted 
``behavioral health and'' before ``mental'', ``behavioral health and 
mental health practice,'' before ``clinical'', and ``professional 
counseling,'' after ``social work,''.
    Par. (1)(E). Pub. L. 105-392, Sec. 108(b)(1)(C), inserted 
``professional counseling,'' after ``social work,''.
    Par. (3). Pub. L. 105-392, Sec. 108(d), amended par. (3) generally. 
Prior to amendment, par. (3) read as follows: ``The term `program for 
the training of physician assistants' means an educational program 
that--
        ``(A) has as its objective the education of individuals who 
    will, upon completion of their studies in the program, be qualified 
    to provide primary health care under the supervision of a physician; 
    and
        ``(B) meets regulations prescribed by the Secretary in 
    accordance with section 293n(b) of this title.''
    Par. (5)(C). Pub. L. 105-392, Sec. 108(b)(2), inserted ``or a degree 
in counseling or an equivalent degree'' before period at end.
    Par. (6)(D). Pub. L. 105-392, Sec. 108(c), added subpar. (D).
    Par. (11). Pub. L. 105-392, Sec. 108(e), added par. (11).


  Reference to Community, Migrant, Public Housing, or Homeless Health 
              Center Considered Reference to Health Center

    Reference to community health center, migrant health center, public 
housing health center, or homeless health center considered reference to 
health center, see section 4(c) of Pub. L. 104-299, set out as a note 
under section 254b of this title.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in sections 292o, 293, 293k, 293n, 294c 
of this title.
