Attachment 1A_Auth Legisl_Title42_S295_OMB_0920-0017_02-05-2013

Attachment 1A

42 U.S.C.
United States Code, 2010 Edition
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION
From the U.S. Government Printing Office, www.gpo.gov

§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
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
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, §792, as added Pub. L. 102–408, title I, §102, Oct. 13, 1992, 106 Stat.
2058; amended Pub. L. 105–392, title I, §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, §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, §313(b), Oct. 27, 1992, 106 Stat.
3507; Pub. L. 105–392, title I, §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,
§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.