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42 U.S.C. § 201Definitions

submitted 82 years ago by ch. 373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 589 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines words used throughout the Public Health Service laws. It explains terms like Service, Secretary, State, and addict. One old definition, part (h), has been repealed.

(a) "Service" means the Public Health Service. (b) "Surgeon General" means the Surgeon General of the Public Health Service. (c) Unless the text says otherwise, "Secretary" means the Secretary of Health and Human Services. (d) "Regulations," unless stated otherwise, means rules made by the Surgeon General with the Secretary's approval. (e) "Executive department" means any executive department, agency, or independent part of the U.S. government, or any corporation fully owned by the United States. (f) Except where certain other listed sections say otherwise, "State" means, besides the several states, only the District of Columbia, Guam, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (g) "Possession" includes, among others, Puerto Rico and the Virgin Islands. (h) Repealed. This part no longer has any effect; it was removed by a 1981 law (Pub. L. 97-35). (i) "Vessel" includes any kind of watercraft or artificial device used, or able to be used, to carry people or things on water — except aircraft and amphibious vehicles. (j) "Habit-forming narcotic drug" or "narcotic" means opium and coca leaves and the alkaloids made from them (the best known being morphine, heroin, and codeine from opium, and cocaine from the coca plant); all compounds, salts, preparations, or other things made from the raw plants or their alkaloids; Indian hemp and its derivatives, compounds, and preparations; peyote in any form; isonipecaine and its derivatives, compounds, salts, and preparations; and opiates as defined in section 4731(g) of title 26. (k) "Addict" means a person who regularly uses habit-forming narcotic drugs in a way that endangers public morals, health, safety, or welfare, or who has become so addicted to these drugs that they have lost the power to control their own use of them. (l) "Psychiatric disorders" includes diseases of the nervous system that affect mental health. (m) "State mental health authority" means the state health authority — unless a different state agency, not the health authority, is in charge of running the state's mental health program, in which case it means that other agency. (n) "Heart diseases" means diseases of the heart and blood circulation. (o) "Dental diseases and conditions" means diseases and conditions affecting teeth, the structures that support them, and other related diseases of the mouth. (p) "Uniformed service" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, or National Oceanic and Atmospheric Administration. (q) "Drug dependent person" means someone using a controlled substance, as defined in section 802 of title 21, who is mentally or physically dependent — or both — on it from using it continuously. This dependence shows up as a strong urge to keep taking the substance, either to feel its effects or to avoid the discomfort of not having it.
the actual law source: uscode.house.gov ↗public domain

When used in this chapter—

(a)

The term “Service” means the Public Health Service;

(b)

The term “Surgeon General” means the Surgeon General of the Public Health Service;

(c)

Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services.

(d)

The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary;

(e)

The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;

(f)

Except as provided in sections 246(g)(4)(B),1 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.

(g)

The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands;

(h)

Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603.

(i)

The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances;

(j)

The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca plant; all compounds, salts, preparations, or other derivatives obtained either from the raw material or from the various alkaloids; Indian hemp and its various derivatives, compounds, and preparations, and peyote in its various forms; isonipecaine and its derivatives, compounds, salts, and preparations; opiates (as defined in section 4731(g)1 of title 26);

(k)

The term “addict” means any person who habitually uses any habit-forming narcotic drugs so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such habit-forming narcotic drugs as to have lost the power of self-control with reference to his addiction;

(l)

The term “psychiatric disorders” includes diseases of the nervous system which affect mental health;

(m)

The term “State mental health authority” means the State health authority, except that, in the case of any State in which there is a single State agency, other than the State health authority, charged with responsibility for administering the mental health program of the State, it means such other State agency;

(n)

The term “heart diseases” means diseases of the heart and circulation;

(o)

The term “dental diseases and conditions” means diseases and conditions affecting teeth and their supporting structures, and other related diseases of the mouth; and

(p)

The term “uniformed service” means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, or National Oceanic and Atmospheric Administration.

(q)

The term “drug dependent person” means a person who is using a controlled substance (as defined in section 802 of title 21) and who is in a state of psychic or physical dependence, or both, arising from the use of that substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects or to avoid the discomfort caused by its absence.

Source credit: (July 1, 1944, ch. 373, title I, § 2, 58 Stat. 682; July 3, 1946, ch. 538, § 3, 60 Stat. 421; Feb. 28, 1948, ch. 83, § 1, 62 Stat. 38; June 16, 1948, ch. 481, § 6(a), 62 Stat. 469; June 24, 1948, ch. 621, § 6(a), 62 Stat. 601; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 86–70, § 31(a), June 25, 1959, 73 Stat. 148; Pub. L. 86–415, § 5(a), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86–624, § 29(a), July 12, 1960, 74 Stat. 419; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 91–212, § 11, Mar. 13, 1970, 84 Stat. 67; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 91–513, title I, § 2(b), Oct. 27, 1970, 84 Stat. 1240; Pub. L. 93–523, § 2(b), Dec. 16, 1974, 88 Stat. 1693; Pub. L. 94–317, title III, § 301(a), June 23, 1976, 90 Stat. 707; Pub. L. 94–484, title IX, § 905(a), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95–83, title I, § 107, Aug. 1, 1977, 91 Stat. 386; Pub. L. 96–79, title II, § 203(e)(2), Oct. 4, 1979, 93 Stat. 635; Pub. L. 97–35, title IX, §§ 902(d)(5), 986(a), Aug. 13, 1981, 95 Stat. 560, 603; Pub. L. 103–43, title XX, § 2008(e), June 10, 1993, 107 Stat. 212; Pub. L. 118–42, div. G, title II, § 209(l)(1), Mar. 9, 2024, 138 Stat. 448.)

history & why it existsrecord from the source credit
  • 1944Enacted · Act of July 1, 1944, ch. 373 · 58 Stat. 682
  • 1946Amended · Act of July 3, 1946, ch. 538 · 60 Stat. 421
  • 1948Amended · Act of Feb. 28, 1948, ch. 83 · 62 Stat. 38
  • 1948Amended · Act of June 16, 1948, ch. 481 · 62 Stat. 469
  • 1948Amended · Act of June 24, 1948, ch. 621 · 62 Stat. 601
  • 1959Amended · Pub. L. 86-70 · 73 Stat. 148
  • 1960Amended · Pub. L. 86-415 · 74 Stat. 34
  • 1960Amended · Pub. L. 86-624 · 74 Stat. 419
  • 1970Amended · Pub. L. 91-212 · 84 Stat. 67
  • 1970Amended · Pub. L. 91-513 · 84 Stat. 1240
  • 1974Amended · Pub. L. 93-523 · 88 Stat. 1693
  • 1976Amended · Pub. L. 94-317 · 90 Stat. 707
  • 1976Amended · Pub. L. 94-484 · 90 Stat. 2325
  • 1977Amended · Pub. L. 95-83 · 91 Stat. 386
  • 1979Amended · Pub. L. 96-79 · 93 Stat. 635
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 560, 603
  • 1993Amended · Pub. L. 103-43 · 107 Stat. 212
  • 2024Amended · Pub. L. 118-42 · 138 Stat. 448

A history note hasn’t been published yet. The record shows enactment by ch. 373 on 1944-07-01.

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