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42 U.S.C. § 300cc–13Terry Beirn Community-Based AIDS Research Initiative

submitted 82 years ago by Pub. L. 100-607 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 521 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Director of NIH can give grants and contracts to public and nonprofit groups to run community-based clinical trials of experimental AIDS treatments. The money must fund medical supervision, training, and record-keeping, and must reach minorities, hemophiliacs, women, children, and other affected communities. Applicants need FDA and ethics board approval.

(a) In general: After talking with the Commissioner of Food and Drugs, the Director of the National Institutes of Health — acting through the Director of the National Institute of Allergy and Infectious Diseases — may give grants to public and nonprofit private groups, and may sign contracts with public and private groups, that work on AIDS. The money is for planning and running clinical trials, in the community, of experimental AIDS treatments that the FDA Commissioner has approved for investigational (test) use. (b) Requirement of certain projects: (1) This financial assistance must include help for community-based organizations and community health centers to (A) keep proper medical supervision in place, (B) handle administration, data collection, and record-keeping, and (C) train community doctors, nurse practitioners, physician assistants, and other health workers to run clinical trials. (2)(A) The assistance must also include money for demonstration projects designed to bring community-based clinical trials to every part of the affected community — including minorities, people with hemophilia, people exposed through transfusions, women, children, people who inject drugs, and people who don't yet have symptoms. (B) The Director of NIH cannot give this particular assistance unless the application is approved by (i) the Commissioner of Food and Drugs, (ii) a properly set-up Institutional Review Board that meets the federal ethics rules in part 56 of title 21 of the Code of Federal Regulations, and (iii) the Director of the National Institute of Allergy and Infectious Diseases. (c) Participation of private industry, schools of medicine and primary providers: Programs funded under (a) must be designed to draw in and encourage support from private industry, medical and osteopathic schools, and existing groups of primary care providers who do AIDS research. (d) Requirement of application: The Secretary cannot give financial assistance under (a) unless (1) an application is submitted, (2) the application gives the Secretary satisfactory assurances that the money will be used for its stated purpose, and (3) the application is in whatever form, made in whatever manner, and contains whatever agreements, assurances, and information the Secretary decides are necessary. (e) Authorization of appropriations: Congress could appropriate whatever money was necessary, for each fiscal year 1989 through 1996, to carry out both (1) the community organization and training work described in (b)(1) and (2) the demonstration projects described in (b)(2).
the actual law source: uscode.house.gov ↗public domain
(a) In general

After consultation with the Commissioner of Food and Drugs, the Director of the National Institutes of Health, acting through the Director of the National Institute of Allergy and Infectious Diseases, may make grants to public entities and nonprofit private entities concerned with acquired immune deficiency syndrome, and may enter into contracts with public and private such 1 entities, for the purpose of planning and conducting, in the community involved, clinical trials of experimental treatments for infection with the etiologic agent for such syndrome that are approved by the Commissioner of Food and Drugs for investigational use under regulations issued under section 355 of title 21.

(b) Requirement of certain projects
(1)

Financial assistance under subsection (a) shall include such assistance to community-based organizations and community health centers for the purpose of—

(A)

retaining appropriate medical supervision;

(B)

assisting with administration, data collection and record management; and

(C)

conducting training of community physicians, nurse practitioners, physicians’ assistants and other health professionals for the purpose of conducting clinical trials.

(2)
(A)

Financial assistance under subsection (a) shall include such assistance for demonstration projects designed to implement and conduct community-based clinical trials in order to provide access to the entire scope of communities affected by infections with the etiologic agent for acquired immune deficiency syndrome, including minorities, hemophiliacs and transfusion-exposed individuals, women, children, users of intravenous drugs, and individuals who are asymptomatic with respect to such infection.

(B)

The Director of the National Institutes of Health may not provide financial assistance under this paragraph unless the application for such assistance is approved—

(i)

by the Commissioner of Food and Drugs;

(ii)

by a duly constituted Institutional Review Board that meets the requirements of part 56 of title 21, Code of Federal Regulations; and

(iii)

by the Director of the National Institute of Allergy and Infectious Diseases.

(c) Participation of private industry, schools of medicine and primary providers

Programs carried out with financial assistance provided under subsection (a) shall be designed to encourage private industry and schools of medicine, osteopathic medicine, and existing consortia of primary care providers organized to conduct clinical research concerning acquired immune deficiency syndrome to participate in, and to support, the clinical trials conducted pursuant to the programs.

(d) Requirement of application

The Secretary may not provide financial assistance under subsection (a) unless—

(1)

an application for the assistance is submitted to the Secretary;

(2)

with respect to carrying out the purpose for which the assistance is to be made, the application provides assurances of compliance satisfactory to the Secretary; and

(3)

the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.

(e) Authorization of appropriations
(1)

For the purpose of carrying out subsection (b)(1), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1989 through 1996.

(2)

For the purpose of carrying out subsection (b)(2), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1989 through 1996.

Source credit: (July 1, 1944, ch. 373, title XXIII, § 2313, as added Pub. L. 100–607, title II, § 201(4), Nov. 4, 1988, 102 Stat. 3068; amended Pub. L. 100–690, title II, § 2617(b), Nov. 18, 1988, 102 Stat. 4240; Pub. L. 101–93, § 6, Aug. 16, 1989, 103 Stat. 615; Pub. L. 102–96, § 3, Aug. 14, 1991, 105 Stat. 481.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 100-607 · 102 Stat. 3068
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4240
  • 1989Amended · Pub. L. 101-93 · 103 Stat. 615
  • 1991Amended · Pub. L. 102-96 · 105 Stat. 481

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-607 on 1944-07-01.

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