
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: 42USC300m]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
 SUBCHAPTER XIII--PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST AND 
                            CERVICAL CANCERS
 
Sec. 300m. Requirements with respect to type and quality of 
        services
        

(a) Requirement of provision of all services by date certain

    The Secretary may not make a grant under section 300k of this title 
unless the State involved agrees--
        (1) to ensure that, initially and throughout the period during 
    which amounts are received pursuant to the grant, not less than 60 
    percent of the grant is expended to provide each of the services or 
    activities described in paragraphs (1) and (2) of section 300k(a) of 
    this title, including making available screening procedures for both 
    breast and cervical cancers;
        (2) subject to subsection (b) of this section, to ensure that--
            (A) in the case of breast cancer, both a physical 
        examination of the breasts and the screening procedure known as 
        a mammography are conducted; and
            (B) in the case of cervical cancer, both a pelvic 
        examination and the screening procedure known as a pap smear are 
        conducted;

        (3) to ensure that, by the end of any second fiscal year of 
    payments pursuant to the grant, each of the services or activities 
    described in section 300k(a) of this title is provided; and
        (4) to ensure that not more than 40 percent of the grant is 
    expended to provide the services or activities described in 
    paragraphs (3) through (6) of such section.

(b) Use of improved screening procedures

    The Secretary may not make a grant under section 300k of this title 
unless the State involved agrees that, if any screening procedure 
superior to a procedure described in subsection (a)(2) of this section 
becomes commonly available and is recommended for use, any entity 
providing screening procedures pursuant to the grant will utilize the 
superior procedure rather than the procedure described in such 
subsection.

(c) Quality assurance regarding screening procedures

    The Secretary may not make a grant under section 300k of this title 
unless the State involved agrees that the State will, in accordance with 
applicable law, assure the quality of screening procedures conducted 
pursuant to such section.

(July 1, 1944, ch. 373, title XV, Sec. 1503, as added Pub. L. 101-354, 
Sec. 2, Aug. 10, 1990, 104 Stat. 410; amended Pub. L. 103-183, title I, 
Sec. 101(c)(1), Dec. 14, 1993, 107 Stat. 2227.)


                            Prior Provisions

    Prior sections 300m to 300m-6 were repealed by Pub. L. 99-660, title 
VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987.
    Section 300m, act July 1, 1944, ch. 373, title XV, Sec. 1521, as 
added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2242; amended Aug. 
1, 1977, Pub. L. 95-83, title I, Sec. 106(l), (m), 91 Stat. 385; Dec. 
19, 1977, Pub. L. 95-215, Sec. 6(b), 91 Stat. 1507; July 16, 1979, Pub. 
L. 96-33, 93 Stat. 86; Oct. 4, 1979, Pub. L. 96-79, title I, 
Sec. 123(a), (b)(1)(A), (2), (d), (f), (g)(2), 93 Stat. 624-627; Oct. 
17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695; Jan. 2, 
1980, Pub. L. 96-181, Sec. 15(b), 93 Stat. 1316; Dec. 17, 1980, Pub. L. 
96-538, title III, Sec. 303(b), 94 Stat. 3190; Aug. 13, 1981, Pub. L. 
97-35, title IX, Secs. 902(g)(5), 936(b), 95 Stat. 561, 572; Jan. 4, 
1983, Pub. L. 97-414, Sec. 9(b), 96 Stat. 2064, provided for designation 
of State health planning and development agencies.
    A prior section 1503 of act July 1, 1944, ch. 373, title XV, as 
added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2228; amended Aug. 
1, 1977, Pub. L. 95-83, title I, Sec. 106(a), 91 Stat. 384; July 10, 
1979, Pub. L. 96-32, Sec. 7(g), 93 Stat. 84; Oct. 4, 1979, Pub. L. 96-
79, title I, Sec. 102(b), 93 Stat. 594; Oct. 17, 1979, Pub. L. 96-88, 
title V, Sec. 509(b), 93 Stat. 695, which related to National Council on 
Health Planning and Development, was classified to section 300k-3 of 
this title.
    Section 300m-1, act July 1, 1944, ch. 373, title XV, Sec. 1522, as 
added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2244; amended 1978 
Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 
3783; Oct. 4, 1979, Pub. L. 96-79, title I, Secs. 101(b)(2), 111(c), 
115(b)(3), 117(b)(4), 120(b), 122(b), 123(c)(1)(A), (e)(1), 93 Stat. 
594, 605, 607, 620, 622, 624, 625, 626; Oct. 17, 1979, Pub. L. 96-88, 
title V, Sec. 509(b), 93 Stat. 695, related to State administrative 
programs.
    Section 300m-2, act July 1, 1944, ch. 373, title XV, Sec. 1523, as 
added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2246; amended Aug. 
1, 1977, Pub. L. 95-83, title I, Sec. 106(n), 91 Stat. 385; Oct. 4, 
1979, Pub. L. 96-79, title I, Secs. 115(c)(1)(A)-(C), (i)(2), 117(b)(1), 
(2), 118(a)(2), (b)(2), 123(c)(2), (3), (e)(2), (g)(1), 93 Stat. 607, 
608, 610, 618, 619, 621, 625-627; Oct. 7, 1980, Pub. L. 96-398, title 
III, Sec. 303, 94 Stat. 1588, related to State health planning and 
development functions.
    Section 300m-3, act July 1, 1944, ch. 373, title XV, Sec. 1524, as 
added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2247; amended Oct. 
4, 1979, Pub. L. 96-79, title I, Secs. 110(d)(2), 113(b), 115(a), 
(c)(1)(D), (d)(3), (g), (i)(2)-(4), 119(a), 124, 93 Stat. 604, 606-610, 
621, 627; Jan. 2, 1980, Pub. L. 96-181, Sec. 15(b), 93 Stat. 1316; Dec. 
17, 1980, Pub. L. 96-538, title III, Secs. 304, 305, 94 Stat. 3191; Aug. 
13, 1981, Pub. L. 97-35, title IX, Sec. 902(g)(6), 95 Stat. 561, related 
to composition and functions of Statewide Health Coordinating Councils.
    Section 300m-4, act July 1, 1944, ch. 373, title XV, Sec. 1525, as 
added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2249; amended Aug. 
1, 1977, Pub. L. 95-83, title I, Sec. 102(b), 91 Stat. 383; Oct. 4, 
1979, Pub. L. 96-79, title I, Secs. 107(c), 127(b), 93 Stat. 600, 629; 
Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 933(a)(2), 95 Stat. 570, 
provided for grants for State health planning and development.
    Section 300m-5, act July 1, 1944, ch. 373, title XV, Sec. 1526, as 
added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2249; amended Aug. 
1, 1977, Pub. L. 95-83, title I, Secs. 102(c), 106(o), 91 Stat. 383, 
385; Oct. 4, 1979, Pub. L. 96-79, title I, Secs. 107(d), 120(c), 127(c), 
93 Stat. 600, 622, 629, provided for grants for rate regulation.
    Section 300m-6, act July 1, 1944, ch. 373, title XV, Sec. 1527, as 
added Oct. 4, 1979, Pub. L. 96-79, title I, Sec. 117(a), 93 Stat. 614; 
amended Dec. 17, 1980, Pub. L. 96-538, title III, Secs. 306, 307, 94 
Stat. 3191; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 949(c), 95 
Stat. 578, related to certificate of need program.


                               Amendments

    1993--Subsecs. (c) to (e). Pub. L. 103-183 added subsec. (c) and 
struck out former subsecs. (c) which related to quality assurance 
regarding screening for breast cancer, (d) which related to quality 
assurance regarding screening for cervical cancer, and (e) which related 
to issuance by Secretary of guidelines with respect to quality of 
mammography and cytological services.


                 Transition Rule Regarding Mammographies

    Section 101(c)(2) of Pub. L. 103-183 provided that: ``With respect 
to the screening procedure for breast cancer known as a mammography, the 
requirements in effect on the day before the date of the enactment of 
this Act [Dec. 14, 1993] under section 1503(c) of the Public Health 
Service Act [subsec. (c) of this section] remain in effect (for an 
individual or facility conducting such procedures pursuant to a grant to 
a State under section 1501 of such Act [section 300k of this title]) 
until there is in effect for the facility a certificate (or provisional 
certificate) issued under section 354 of such Act [section 263b of this 
title].''

                  Section Referred to in Other Sections

    This section is referred to in section 300l-1 of this title.
