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42 U.S.C. § 283a–3Establishment of program regarding DES

submitted 82 years ago by Pub. L. 102-409 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 350 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Director of NIH must run a program on DES, a drug linked to certain health problems. This includes research, training, public education, and long-term studies of people exposed to DES — including their children. The law defines exactly who counts as exposed "in utero."

(a) In general: The Director of NIH must set up a program to conduct and support research and training, share health information, and run other programs about diagnosing and treating conditions linked to exposure to the drug diethylstilbestrol, called "DES" in this section. (b) Education programs: As part of that program, the Director must consult with nonprofit private groups that represent people exposed to DES, and then run or support programs that teach health professionals and the public about the drug — including why it matters to identify and treat people who were exposed to it. (c) Longitudinal studies: After consulting the Office of Research on Women's Health, the Director — acting through the appropriate national research institutes — must also run or support one or more long-term studies. These studies must track the following: (1) for women who were pregnant and given DES on or after January 1, 1938, the studies look at how often they get any disease or disorder, including breast cancer, cancers of the reproductive organs, and immune system problems such as autoimmune disease; (2) for women who were exposed to DES before birth (in utero), the studies look at how often they get clear cell cancer, including cancer that comes back, along with that cancer's long-term health effects and the effects of its treatments; (3) for men and women exposed to DES in utero, the studies look at how often they get any disease or disorder, including problems with the reproductive system and the immune system; and (4) for the children of people who were exposed to DES in utero, the studies look at how often they get any disease or disorder. (d) Exposure to DES in utero: A person counts as having been exposed to DES in utero if their biological mother was given DES on or after January 1, 1938, during the pregnancy that led to that person's birth.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Director of NIH shall establish a program for the conduct and support of research and training, the dissemination of health information, and other programs with respect to the diagnosis and treatment of conditions associated with exposure to the drug diethylstilbestrol (in this section referred to as “DES”).

(b) Education programs

In carrying out subsection (a), the Director of NIH, after consultation with nonprofit private entities representing individuals who have been exposed to DES, shall conduct or support programs to educate health professionals and the public on the drug, including the importance of identifying and treating individuals who have been exposed to the drug.

(c) Longitudinal studies

After consultation with the Office of Research on Women’s Health, the Director of NIH, acting through the appropriate national research institutes, shall in carrying out subsection (a) conduct or support one or more longitudinal studies to determine the incidence of the following diseases or disorders in the indicated populations and the relationship of DES to the diseases or disorders:

(1)

In the case of women to whom (on or after January 1, 1938) DES was administered while the women were pregnant, the incidence of all diseases and disorders (including breast cancer, gynecological cancers, and impairments of the immune system, including autoimmune disease).

(2)

In the case of women exposed to DES in utero, the incidence of clear cell cancer (including recurrences), the long-term health effects of such cancer, and the effects of treatments for such cancer.

(3)

In the case of men and women exposed to DES in utero, the incidence of all diseases and disorders (including impairments of the reproductive and autoimmune systems).

(4)

In the case of children of men or women exposed to DES in utero, the incidence of all diseases and disorders.

(d) Exposure to DES in utero

For purposes of this section, an individual shall be considered to have been exposed to DES in utero if, during the pregnancy that resulted in the birth of such individual, DES was (on or after January 1, 1938) administered to the biological mother of the individual.

Source credit: (July 1, 1944, ch. 373, title IV, § 403D, formerly § 403A, as added Pub. L. 102–409, § 2, Oct. 13, 1992, 106 Stat. 2092; amended Pub. L. 105–340, title I, § 101(a), Oct. 31, 1998, 112 Stat. 3191; renumbered § 403C and amended Pub. L. 109–482, title I, §§ 103(b)(2), 104(a)(1), Jan. 15, 2007, 120 Stat. 3687, 3689; renumbered § 403D, Pub. L. 110–85, title XI, § 1104(4), Sept. 27, 2007, 121 Stat. 975.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 102-409 · 106 Stat. 2092
  • 1998Amended · Pub. L. 105-340 · 112 Stat. 3191
  • 2007Amended · Pub. L. 109-482 · 120 Stat. 3687, 3689
  • 2007Amended · Pub. L. 110-85 · 121 Stat. 975

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-409 on 1944-07-01.

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