38 U.S.C. § 7328 — Medical preparedness centers
submitted 22 years ago by Pub. L. 108-422 to r/title-38-VETERANS-BENEFITS · 1,269 words · no verdicts yet
This section requires four Department medical emergency preparedness centers. It sets their mission, competitive and geographically dispersed site selection, facility criteria, research dissemination, interagency coordination, assistance to authorities, employee details, and funding.
(a) Establishment of Centers. (1) The Secretary* must establish four medical emergency preparedness centers under this section. Each must be at a Department* medical center and staffed by Department employees. (2) The Under Secretary for Health supervises their operation and must provide ongoing evaluation of the centers and their compliance with this section. (3) The Under Secretary must do this in consultation with the Assistant Secretary responsible for operations, preparedness, security, and law-enforcement functions.
(b) Mission. The centers must: (1) research and develop methods to detect, diagnose, prevent, and treat injuries, diseases, and illnesses arising from chemical, biological, radiological, incendiary, or other explosive weapons or devices that threaten public health and safety; (2) educate, train, and advise health-care professionals, including professionals outside the Veterans Health Administration, through the National Disaster Medical System under section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b)) or through interagency agreements made for that purpose; and (3) during a disaster or emergency described in section 1785(b) of this title, provide laboratory, epidemiological, medical, or other assistance the Secretary considers appropriate to Federal, State*, and local health-care agencies and personnel involved in or responding to it.
(c) Selection of Centers. (1) The Secretary must select center sites competitively. The Secretary may not designate a site unless making the finding required by paragraph (2) about its proposal. To the maximum extent practicable, the Secretary must geographically disperse the sites throughout the United States. A center may be a consortium of efforts by more than one medical center. (2) On recommendations from the Under Secretary for Health and the Assistant Secretary responsible for operations, preparedness, security, and law enforcement, the Secretary must find that the proposing facility or facilities have developed, or may reasonably be expected to develop, each of these: (A) an arrangement with a qualifying medical school and qualifying school of public health, or a consortium of such schools, for physicians and other health workers to receive training through participating Department facilities in detecting, diagnosing, preventing, and treating conditions induced by chemical and biological substances, radiation, and incendiary or other explosive weapons or devices; (B) an arrangement with a graduate school specializing in epidemiology for students to train through participating Department facilities in the epidemiology of contagious and infectious diseases and chemical and radiation poisoning in an exposed population; (C) an arrangement for nursing, social-work, counseling, or allied-health personnel and students to train through the facilities to recognize and care for conditions associated with toxin exposure; and (D) the ability to attract scientists who have significantly contributed to innovative approaches to detecting, diagnosing, preventing, or treating such injuries, diseases, or illnesses. (3) For paragraph (2)(A), a qualifying medical school is an accredited medical school that provides education and training in toxicology and environmental health hazards and is affiliated with one or more participating Department medical centers. A qualifying school of public health is an accredited school of public health that provides that education and training and is so affiliated.
(d) Research Activities. Each center must research improved medical preparedness to protect the Nation from threats in its area of expertise. It may seek public and private research funds for this purpose.
(e) Dissemination of Research Products. (1) The Under Secretary for Health and the responsible Assistant Secretary must ensure that information from the centers' research, education and training, and clinical activities is made available as appropriate to health-care providers in the United States. It must be disseminated through publications, continuing medical and related education programs through regional medical education centers under subchapter VI of chapter 74 of this title, and other means. Those continuing medical-education programs must receive priority in funding awards. (2) The Secretary must ensure close coordination with other Federal departments and agencies and coordination and sharing of the centers' research products and other information with them.
(f) Coordination of Activities. The Secretary must ensure that each center works closely with the Department of Defense, the Department of Health and Human Services, and other government departments, agencies, and elements responsible for coordinating United States homeland-security plans. The Secretary must also take into account applicable recommendations of the Public Health Service Act working group on preventing, preparing for, and responding to bioterrorism and other public-health emergencies, or another joint interagency advisory group or committee designated by the President or the President's designee to coordinate Federal research on weapons of mass destruction.
(g) Assistance to Other Agencies. The Secretary may assist appropriate Federal, State, and local civil and criminal authorities, when they request it, with investigations, inquiries, and data analyses needed to protect public safety and prevent or eliminate biological, chemical, or radiological threats.
(h) Detail of Employees From Other Agencies. With the Secretary's approval, a center director may request the temporary assignment or detail, without reimbursement, of expert employees from other United States departments and agencies who would further the center's mission. An employee may be assigned or detailed on that nonreimbursable basis.
(i) Funding. (1) $10,000,000 is authorized to be appropriated for the centers for each fiscal year 2005 through 2007. (2) Besides amounts specifically appropriated for the centers under paragraph (1), the Under Secretary for Health must allocate from other funds appropriated for that fiscal year generally for the Department medical-services account and medical and prosthetics research account the amounts the Under Secretary considers necessary to carry out this section.
The Secretary* shall establish four medical emergency preparedness centers in accordance with this section. Each such center shall be established at a Department* medical center and shall be staffed by Department employees.
The Under Secretary for Health shall be responsible for supervising the operation of the centers established under this section. The Under Secretary shall provide for ongoing evaluation of the centers and their compliance with the requirements of this section.
The Under Secretary shall carry out the Under Secretary’s functions under paragraph (2) in consultation with the Assistant Secretary of Veterans Affairs with responsibility for operations, preparedness, security, and law enforcement functions.
The mission of the centers shall be as follows:
To carry out research on, and to develop methods of detection, diagnosis, prevention, and treatment of injuries, diseases, and illnesses arising from the use of chemical, biological, radiological, incendiary or other explosive weapons or devices posing threats to the public health and safety.
To provide education, training, and advice to health care professionals, including health care professionals outside the Veterans Health Administration, through the National Disaster Medical System established pursuant to section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b)) 1 or through interagency agreements entered into by the Secretary for that purpose.
In the event of a disaster or emergency referred to in section 1785(b) of this title, to provide such laboratory, epidemiological, medical, or other assistance as the Secretary considers appropriate to Federal, State*, and local health care agencies and personnel involved in or responding to the disaster or emergency.
The Secretary shall select the sites for the centers on the basis of a competitive selection process. The Secretary may not designate a site as a location for a center under this section unless the Secretary makes a finding under paragraph (2) with respect to the proposal for the designation of such site. To the maximum extent practicable, the Secretary shall ensure the geographic dispersal of the sites throughout the United States. Any such center may be a consortium of efforts of more than one medical center.
A finding by the Secretary referred to in paragraph (1) with respect to a proposal for designation of a site as a location of a center under this section is a finding by the Secretary, upon the recommendations of the Under Secretary for Health and the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions, that the facility or facilities submitting the proposal have developed (or may reasonably be anticipated to develop) each of the following:
An arrangement with a qualifying medical school and a qualifying school of public health (or a consortium of such schools) under which physicians and other persons in the health field receive education and training through the participating Department medical facilities so as to provide those persons with training in the detection, diagnosis, prevention, and treatment of injuries, diseases, and illnesses induced by exposures to chemical and biological substances, radiation, and incendiary or other explosive weapons or devices.
An arrangement with a graduate school specializing in epidemiology under which students receive education and training in epidemiology through the participating Department facilities so as to provide such students with training in the epidemiology of contagious and infectious diseases and chemical and radiation poisoning in an exposed population.
An arrangement under which nursing, social work, counseling, or allied health personnel and students receive training and education in recognizing and caring for conditions associated with exposures to toxins through the participating Department facilities.
The ability to attract scientists who have made significant contributions to the development of innovative approaches to the detection, diagnosis, prevention, or treatment of injuries, diseases, and illnesses arising from the use of chemical, biological, radiological, incendiary or other explosive weapons or devices posing threats to the public health and safety.
For purposes of paragraph (2)(A)—
a qualifying medical school is an accredited medical school that provides education and training in toxicology and environmental health hazards and with which one or more of the participating Department medical centers is affiliated; and
a qualifying school of public health is an accredited school of public health that provides education and training in toxicology and environmental health hazards and with which one or more of the participating Department medical centers is affiliated.
Each center shall conduct research on improved medical preparedness to protect the Nation from threats in the area of that center’s expertise. Each center may seek research funds from public and private sources for such purpose.
The Under Secretary for Health and the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions shall ensure that information produced by the research, education and training, and clinical activities of centers established under this section is made available, as appropriate, to health-care providers in the United States. Dissemination of such information shall be made through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means. Such programs of continuing medical education shall receive priority in the award of funding.
The Secretary shall ensure that the work of the centers is conducted in close coordination with other Federal departments and agencies and that research products or other information of the centers shall be coordinated and shared with other Federal departments and agencies.
The Secretary shall take appropriate actions to ensure that the work of each center is carried out—
in close coordination with the Department of Defense, the Department of Health and Human Services, and other departments, agencies, and elements of the Government charged with coordination of plans for United States homeland security; and
after taking into consideration applicable recommendations of the working group on the prevention, preparedness, and response to bioterrorism and other public health emergencies established under section 319F(a) of the Public Health Service Act (42 U.S.C. 247d–6(a)) or any other joint interagency advisory group or committee designated by the President or the President’s designee to coordinate Federal research on weapons of mass destruction.
The Secretary may provide assistance requested by appropriate Federal, State, and local civil and criminal authorities in investigations, inquiries, and data analyses as necessary to protect the public safety and prevent or obviate biological, chemical, or radiological threats.
Upon approval by the Secretary, the Director of a center may request the temporary assignment or detail to the center, on a nonreimbursable basis, of employees from other departments and agencies of the United States who have expertise that would further the mission of the center. Any such employee may be so assigned or detailed on a nonreimbursable basis pursuant to such a request.
There are authorized to be appropriated for the centers under this section $10,000,000 for each of fiscal years 2005 through 2007.
In addition to any amounts appropriated for a fiscal year specifically for the activities of the centers pursuant to paragraph (1), the Under Secretary for Health shall allocate to the centers from other funds appropriated for that fiscal year generally for the Department medical services account and the Department medical and prosthetic research account such amounts as the Under Secretary determines necessary in order to carry out the purposes of this section.
Source credit: (Added Pub. L. 108–422, title III, § 303(c)(1), Nov. 30, 2004, 118 Stat. 2386; amended Pub. L. 110–387, title IX, § 901(a)(8), Oct. 10, 2008, 122 Stat. 4142.)
- 2004Enacted · Pub. L. 108-422 · 118 Stat. 2386
- 2008Amended · Pub. L. 110-387 · 122 Stat. 4142
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-422 on 2004-11-30.
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