r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“pediatric mental health team” applies in that section
the term “pediatric mental health team” means a team consisting of at least one case coordinator, at least one child and adolescent psychiatrist, and at least one licensed clinical mental health professional, such as a psychologist, social worker, or mental health counselor, and which may include a developmental-behavioral pediatrician. Such a team may be regionally based.
“comprehensive primary health care services” applies in that section
the term “comprehensive primary health care services” means the primary health services described in section 254b(b)(1) of this title . (2) Nurse-managed health clinic
“nurse-managed health clinic” applies in that section
The term “nurse-managed health clinic” means a nurse-practice arrangement, managed by advanced practice nurses, that provides primary care or wellness services to underserved or vulnerable populations and that is associated with a school, college, university or department of nursing, federally qualified health center, or independent nonprofit health or social services agency. (b) Authority to award grants The Secretary shall award grants for the cost of the operation of nurse-managed health clinics that meet the requirements of this section.
“eligible entities” applies in that section
The term “eligible entities” means entities providing prenatal care, labor care, birthing, and postpartum care services in rural areas, frontier areas, or medically underserved areas, or to medically underserved populations or Indian Tribes or Tribal organizations. (2) Frontier area
“frontier area” applies in that section
The term “frontier area” means a frontier county, as defined in section 1395ww(d)(3)(E)(iii)(III) of this title . (3) Indian Tribes; Tribal organization
“Indian Tribe” applies in that section
The terms “Indian Tribe” and “Tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in section 5304 of title 25 . (4) Maternity care health professional target area
“maternity care health professional target area” applies in that section
The term “maternity care health professional target area” has the meaning described in section 254e(k)(2) of this title . (d) Report to Congress Not later than September 30, 2026 , the Secretary shall submit to Congress a report on activities supported by grants awarded under this section, including— (1) a description of activities conducted pursuant to paragraphs (1) through (6) of subsection (b); and (2) an analysis of the effects of rural obstetric networks on improving maternal and infant health outcomes. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2023 through 2027.
“Tribal organization” applies in that section
The terms “Indian Tribe” and “Tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in section 5304 of title 25 . (4) Maternity care health professional target area
“eligible entity” applies in that section
The term “eligible entity” means an entity that provides, or supports the provision of, health care services in rural areas, frontier areas, health professional shortage areas, or medically underserved areas, or to medically underserved populations or Native Americans, including Indian Tribes, Tribal organizations, and urban Indian organizations, and which may include entities leading, or capable of leading, a technology-enabled collaborative learning and capacity building model or engaging in technology-enabled collaborative training of participants in such model. (2) Health professional shortage area
“health professional shortage area” applies in that section
The term “health professional shortage area” means a health professional shortage area designated under section 254e of this title . (3) Indian Tribe
“Indian Tribe” applies in that section
The terms “Indian Tribe” and “Tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in section 5304 of title 25 . (4) Medically underserved population
“medically underserved population” applies in that section
The term “medically underserved population” has the meaning given the term in section 254b(b)(3) of this title . (5) Native Americans
“Native Americans” applies in that section
The term “Native Americans” has the meaning given the term in section 293 of this title and includes Indian Tribes and Tribal organizations. (6) Technology-enabled collaborative learning and capacity building model
“technology-enabled collaborative learning and capacity building model” applies in that section
The term “technology-enabled collaborative learning and capacity building model” means a distance health education model that connects health care professionals, and particularly specialists, with multiple other health care professionals through simultaneous interactive videoconferencing for the purpose of facilitating case-based learning, disseminating best practices, and evaluating outcomes. (7) Urban Indian organization
“Tribal organization” applies in that section
The terms “Indian Tribe” and “Tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in section 5304 of title 25 . (4) Medically underserved population
“urban Indian organization” applies in that section
The term “urban Indian organization” has the meaning given the term in section 1603 of title 25 . (b) Program established The Secretary shall, as appropriate, award grants to evaluate, develop, and, as appropriate, expand the use of technology-enabled collaborative learning and capacity building models, to improve retention of health care providers and increase access to health care services, such as those to address chronic diseases and conditions, infectious diseases, mental health, substance use disorders, prenatal and maternal health, pediatric care, pain management, palliative care, and other specialty care in rural areas, frontier areas, health professional shortage areas, or …
“medically underserved” applies in that section
The term “medically underserved” has the meaning applicable under section 295p(6) of this title . (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005.
“adoption organization” applies in that section
The term “adoption organization” means a national, regional, or local organization— (i) among whose primary purposes are adoption; (ii) that is knowledgeable in all elements of the adoption process and on providing adoption information and referrals to pregnant women; and (iii) that is a nonprofit private entity. (B) The term “designated staff”, with respect to an eligible health center, means staff of the center who provide pregnancy or adoption information and referrals (or will provide such information and referrals after receiving training under a grant under paragraph (1)).;
“eligible health centers” applies in that section
The term “eligible health centers” means public and nonprofit private entities that provide health services to pregnant women. (5) Training for certain eligible health centers A condition for the receipt of a grant under paragraph (1) is that the adoption organization involved agree to make reasonable efforts to ensure that the eligible health centers with respect to which training under the grant is provided include— (A) eligible health centers that receive grants under section 300 of this title (relating to voluntary family planning projects); (B) eligible health centers that receive grants under section 254b of this title (relating to community health centers, migrant health centers, and …
“behavioral and mental health professionals” applies throughout its subpart
The term “behavioral and mental health professionals” means health service psychologists, licensed clinical social workers, licensed professional counselors, marriage and family therapists, psychiatric nurse specialists, and psychiatrists.;
“Corps” applies throughout its subpart
The term “Corps” means the National Health Service Corps.;
“Corps member” applies throughout its subpart
The term “Corps member” means each of the officers, employees, and individuals of which the Corps consists pursuant to paragraph (1).;
“Department” applies throughout its subpart
The term “Department” means the Department of Health and Human Services.;
“full time” applies throughout its subpart
The terms “full time” and “full-time” mean a minimum of 40 hours per week in a clinical practice, for a minimum of 45 weeks per year.;
“full-time” applies throughout its subpart
The terms “full time” and “full-time” mean a minimum of 40 hours per week in a clinical practice, for a minimum of 45 weeks per year.;
“graduate program of behavioral and mental health” applies throughout its subpart
The term “graduate program of behavioral and mental health” means a program that trains behavioral and mental health professionals. (b) Recruitment and fellowship programs (1) The Secretary may conduct at schools of medicine, osteopathic medicine, dentistry, and, as appropriate, nursing and other schools of the health professions, including schools at which graduate programs of behavioral and mental health are offered, and at entities which train allied health personnel, recruiting programs for the Corps, the Scholarship Program, and the Loan Repayment Program.
“half time” applies throughout its subpart
The terms “half time” and “half-time” mean a minimum of 20 hours per week (not to exceed 39 hours per week) in a clinical practice, for a minimum of 45 weeks per year.
“half-time” applies throughout its subpart
The terms “half time” and “half-time” mean a minimum of 20 hours per week (not to exceed 39 hours per week) in a clinical practice, for a minimum of 45 weeks per year.
“health professional shortage area” applies throughout its subpart
The term “health professional shortage area” has the meaning given such term in section 254e(a) of this title .;
“Loan Repayment Program” applies throughout its subpart
The term “Loan Repayment Program” means the National Health Service Corps Loan Repayment Program established under section 254 l –1 of this title.;
“monthly pay” applies throughout its subpart
the term “monthly pay” includes special pay received under chapter 5 of title 37. (2) In the case of a member of the Corps who is directly engaged in the delivery of health services in a health professional shortage area in accordance with a service obligation incurred under the Scholarship Program or the Loan Repayment Program, the adjustment in pay authorized by paragraph (1) may be made for such a member only upon satisfactory completion of such service obligation, and the first 36 months of such member’s being so engaged in the delivery of health services shall, for purposes of paragraph (1)(A), be deemed to begin upon such satisfactory completion.
“primary health services” applies throughout its subpart
The term “primary health services” means health services regarding family medicine, internal medicine, pediatrics, obstetrics and gynecology, dentistry, or mental health, that are provided by physicians or other health professionals. (E);
“Scholarship Program” applies throughout its subpart
The term “Scholarship Program” means the National Health Service Corps Scholarship Program established under section 254 l of this title.;
“State” applies throughout its subpart
The term “State” includes, in addition to the several States, only the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.;
“health professional shortage area” applies throughout its subpart
the term “health professional shortage area” means (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a health manpower shortage and which is not reasonably accessible to an adequately served area, (B) a population group which the Secretary determines has such a shortage, or (C) a public or nonprofit private medical facility or other public facility which the Secretary determines has such a shortage.
“medical facility” applies in that section
the term “medical facility” means a facility for the delivery of health services and includes— (A) a hospital, State mental hospital, public health center, outpatient medical facility, rehabilitation facility, facility for long-term care, community mental health center, migrant health center, facility operated by a city or county health department, and community health center; (B) such a facility of a State correctional institution or of the Indian Health Service, and a health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act [ 25 U.S.C.
“qualified entity” applies in that section
the term “qualified entity” means a State, political subdivision of a State, an agency of a State or political subdivision, or other public or private entity operating solely within one State, which the Secretary determines is able— (i) to analyze the potential use of health professions personnel in defined health services delivery areas by the residents of such areas; (ii) to determine the need for such personnel in such areas and to recruit, select, and retain health professions personnel (including members of the National Health Service Corps) to meet such need; (iii) to determine the extent to which such areas will have a financial base to support the practice of such personnel and the …
“hospital” applies in that section
the term “hospital” includes a State or local public hospital, a private profit hospital, a private nonprofit hospital, a general or special hospital, and any other type of hospital (excluding a hospital owned or operated by an agency of the Federal Government), and any related facilities.
“State” applies in that section
the term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, Palau, the Marshall Islands, and the Commonwealth of the Northern Mariana Islands. (i) Authorization of appropriations (1) In general For the purpose of making grants under subsection (a), there are authorized to be appropriated $12,000,000 for fiscal year 2008, and such sums as may be necessary for each of fiscal years 2009 through 2012. (2) Availability Amounts appropriated under paragraph (1) shall remain available until expended.
“Native Hawaiian” applies in that section
the term “Native Hawaiian” means any individual who is— (1) a citizen of the United States, (2) a resident of the State of Hawaii, and (3) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii, as evidenced by— (A) genealogical records, (B) Kupuna (elders) or Kama’aina (long-term community residents) verification, or (C) birth records of the State of Hawaii. (d) Authorization of appropriations There are authorized to be appropriated $1,800,000 for each of the fiscal years 1990, 1991, and 1992 for the purpose of funding the scholarship assistance provided under subsection (a).
“home health services” applies in that section
the term “home health services” has the meaning prescribed for the term by section 1395x(m) of this title .
“extraordinary circumstances” applies in that section
the term “extraordinary circumstances” means an event (or events) that is outside of the control of the eligible entity that has prevented the eligible entity from fulfilling the objectives described by such entity in the application submitted under subsection (b)(2). (B) Examples Extraordinary circumstances include— (i) natural disasters or other major disruptions to the security or health of the community or geographic area served by the eligible entity; or (ii) a significant economic deterioration in the community or geographic area served by such eligible entity, that directly and adversely affects the entity receiving an award under subsection (a).
“eligible entity” applies in that section
The term “eligible entity” means a public or nonprofit private health center (including a Federally qualified health center (as that term is defined in section 1395x(aa)(4) of this title )), a health facility operated by or pursuant to a contract with the Indian Health Service, a hospital, a cancer center, a rural health clinic, an academic health center, or a nonprofit entity that enters into a partnership or coordinates referrals with such a center, clinic, facility, or hospital to provide patient navigator services.;
“health disparity population” applies in that section
The term “health disparity population” means a population that, as determined by the Secretary, has a significant disparity in the overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates as compared to the health status of the general population.;
“patient navigator” applies in that section
The term “patient navigator” means an individual who has completed a training program approved by the Secretary to perform the duties listed in subsection (b). (m) Authorization of appropriations (1) In general To carry out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2006, $5,000,000 for fiscal year 2007, $8,000,000 for fiscal year 2008, $6,500,000 for fiscal year 2009, $3,500,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 through 2015. (2) Availability The amounts appropriated pursuant to paragraph (1) shall remain available for obligation through the end of fiscal year 2015.
“primary care” applies in that section
the term “primary care” means the provision of integrated, accessible health care services by clinicians who are accountable for addressing a large majority of personal health care needs, developing a sustained partnership with patients, and practicing in the context of family and community.
“average manufacturer price” applies in that section
the terms “average manufacturer price”, “covered outpatient drug”, and “manufacturer” have the meaning given such terms in section 1927(k) of the Social Security Act [ 42 U.S.C. 1396r–8(k) ]. (2) Covered drug In this section,
“covered drug” applies in that section
the term “covered drug”— (A) means a covered outpatient drug (as defined in section 1927(k)(2) of the Social Security Act [ 42 U.S.C. 1396r–8(k)(2) ]); and (B) includes, notwithstanding paragraph (3)(A) of section 1927(k) of such Act [ 42 U.S.C. 1396r–8(k)(3)(A) ], a drug used in connection with an inpatient or outpatient service provided by a hospital described in subparagraph (L), (M), (N), or (O) of subsection (a)(4) that is enrolled to participate in the drug discount program under this section. (c) Repealed. Pub. L. 111–152, title II, § 2302(2) , Mar. 30, 2010 , 124 Stat.
“covered entity” applies in that section
the term “covered entity” means an entity that meets the requirements described in paragraph (5) and is one of the following: (A) A Federally-qualified health center (as defined in section 1905( l )(2)(B) of the Social Security Act [ 42 U.S.C. 1396d ( l )(2)(B)]). (B) An entity receiving a grant under section 256a 1 of this title. (C) A family planning project receiving a grant or contract under section 300 of this title . (D) An entity receiving a grant under subpart II 1 of part C of subchapter XXIV (relating to categorical grants for outpatient early intervention services for HIV disease).
“covered outpatient drug” applies in that section
the terms “average manufacturer price”, “covered outpatient drug”, and “manufacturer” have the meaning given such terms in section 1927(k) of the Social Security Act [ 42 U.S.C. 1396r–8(k) ]. (2) Covered drug In this section,
“manufacturer” applies in that section
the terms “average manufacturer price”, “covered outpatient drug”, and “manufacturer” have the meaning given such terms in section 1927(k) of the Social Security Act [ 42 U.S.C. 1396r–8(k) ]. (2) Covered drug In this section,
“over the counter drug” applies in that section
The term “over the counter drug” means a drug that may be sold without a prescription and which is prescribed by a physician (or other persons authorized to prescribe such drug under State law). (3) Drugs provided under State medicaid plans Drugs described in this paragraph are drugs purchased by the entity for which payment is made by the State under the State plan for medical assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.]. (4) “Covered entity” defined In this section,
“approved graduate medical residency training program” applies in that section
The term “approved graduate medical residency training program” has the meaning given the term “approved medical residency training program” in section 1395ww(h)(5)(A) of this title . (2) Children’s hospital
“children’s hospital” applies in that section
The term “children’s hospital” means a hospital with a Medicare payment agreement and which is excluded from the Medicare inpatient prospective payment system pursuant to section 1395ww(d)(1)(B)(iii) of this title and its accompanying regulations. (3) Direct graduate medical education costs
“direct graduate medical education costs” applies in that section
The term “direct graduate medical education costs” has the meaning given such term in section 1395ww(h)(5)(C) of this title . (h) Additional provisions (1) In general The Secretary is authorized to make available up to 25 percent of the total amounts in excess of $245,000,000 appropriated under paragraphs (1) and (2) of subsection (f), but not to exceed $7,000,000, for payments to hospitals qualified as described in paragraph (2), for the direct and indirect expenses associated with operating approved graduate medical residency training programs, as described in subsection (a).
“designated dental health professional shortage area” applies throughout its subpart
the term “designated dental health professional shortage area” means an area, population group, or facility that is designated by the Secretary as a dental health professional shortage area under section 254e of this title or designated by the applicable State as having a dental health professional shortage.
“alternative dental health care providers” applies in that section
The term “alternative dental health care providers” includes community dental health coordinators, advance practice dental hygienists, independent dental hygienists, supervised dental hygienists, primary care physicians, dental therapists, dental health aides, and any other health professional that the Secretary determines appropriate. (b) Timeframe The demonstration projects funded under this section shall begin not later than 2 years after March 23, 2010 , and shall conclude not later than 7 years after March 23, 2010 .
“approved graduate medical residency training program” applies in that section
The term “approved graduate medical residency training program” means a residency or other postgraduate medical training program— (A) participation in which may be counted toward certification in a specialty or subspecialty and includes formal postgraduate training programs in geriatric medicine approved by the Secretary; and (B) that meets criteria for accreditation (as established by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or the American Dental Association). (2) New approved graduate medical residency training program
“new approved graduate medical residency training program” applies in that section
The term “new approved graduate medical residency training program” means an approved graduate medical residency training program for which the sponsoring qualified teaching health center has not received a payment under this section for a previous fiscal year (other than pursuant to subsection (a)(1)(C)). (3) Primary care residency program
“primary care residency program” applies in that section
The term “primary care residency program” has the meaning given that term in section 293 l –1 of this title. (4) Qualified teaching health center
“qualified teaching health center” applies in that section
The term “qualified teaching health center” has the meaning given the term “teaching health center” in section 293 l –1 of this title.
“biological product” applies in that section
The term “biological product” means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein, or analogous product, or arsphenamine or derivative of arsphenamine (or any other trivalent organic arsenic compound), applicable to the prevention, treatment, or cure of a disease or condition of human beings.
“final court decision” applies in that section
the term “final court decision” means a final decision of a court from which no appeal (other than a petition to the United States Supreme Court for a writ of certiorari) has been or can be taken, and
“first interchangeable biosimilar biological product” applies in that section
the term “first interchangeable biosimilar biological product” means any interchangeable biosimilar biological product that is approved on the first day on which such a product is approved as interchangeable with the reference product. (7) Exclusivity for reference product (A) Effective date of biosimilar application approval Approval of an application under this subsection may not be made effective by the Secretary until the date that is 12 years after the date on which the reference product was first licensed under subsection (a).
“qualified data summary” applies in that section
the terms “qualified indication” and “qualified data summary” have the meanings given such terms in section 505(c)(5) of the Federal Food, Drug, and Cosmetic Act. (3) The Secretary shall prescribe requirements under which a biological product undergoing investigation shall be exempt from the requirements of paragraph (1). (b) Falsely labeling or marking package or container; altering label or mark No person shall falsely label or mark any package or container of any biological product or alter any label or mark on the package or container of the biological product so as to falsify the label or mark.
“qualified indication” applies in that section
the terms “qualified indication” and “qualified data summary” have the meanings given such terms in section 505(c)(5) of the Federal Food, Drug, and Cosmetic Act. (3) The Secretary shall prescribe requirements under which a biological product undergoing investigation shall be exempt from the requirements of paragraph (1). (b) Falsely labeling or marking package or container; altering label or mark No person shall falsely label or mark any package or container of any biological product or alter any label or mark on the package or container of the biological product so as to falsify the label or mark.
“reference product” applies in that section
The term “reference product” means the single biological product licensed under subsection (a) against which a biological product is evaluated in an application submitted under subsection (k). (j) Application of Federal Food, Drug, and Cosmetic Act The Federal Food, Drug, and Cosmetic Act [ 21 U.S.C. 301 et seq.], including the requirements under sections 505( o ), 505(p), and 505–1 of such Act [ 21 U.S.C. 355 ( o ), (p), 355–1], applies to a biological product subject to regulation under this section, except that a product for which a license has been approved under subsection (a) shall not be required to have an approved application under section 505 of such Act.
“biological agent” applies in that section
The terms “biological agent” and “toxin” have the meanings given such terms in section 178 of title 18 .;
“listed agents and toxins” applies in that section
The term “listed agents and toxins” means biological agents and toxins listed pursuant to subsection (a)(1).;
“listed agents or toxins” applies in that section
The term “listed agents or toxins” means biological agents or toxins listed pursuant to subsection (a)(1).;
“overlap agent or toxin” applies in that section
The term “overlap agent or toxin” means a biological agent or toxin that— (A) is listed pursuant to subsection (a)(1); and (B) is listed pursuant to section 8401(a)(1) of title 7 .;
“overlap agents and toxins” applies in that section
The term “overlap agents and toxins” means biological agents and toxins that— (A) are listed pursuant to subsection (a)(1); and (B) are listed pursuant to section 8401(a)(1) of title 7 .;
“person” applies in that section
The term “person” includes Federal, State, and local governmental entities.;
“registered person” applies in that section
The term “registered person” means a person registered under regulations under subsection (b) or (c).;
“restricted person” applies in that section
The term “restricted person” has the meaning given such term in section 175b of title 18 . (m) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2023 through 2027.
“toxin” applies in that section
The terms “biological agent” and “toxin” have the meanings given such terms in section 178 of title 18 .;
“certificate” applies in that section
the term “certificate” includes a certificate of waiver issued under paragraph (2). (e) Accreditation (1) In general A laboratory may be accredited for purposes of obtaining a certificate if the laboratory— (A) meets the standards of an approved accreditation body, and (B) authorizes the accreditation body to submit to the Secretary (or such State agency as the Secretary may designate) such records or other information as the Secretary may require.
“clinical laboratory” applies in that section
the term “laboratory” or “clinical laboratory” means a facility for the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings.
“laboratory” applies in that section
the term “laboratory” or “clinical laboratory” means a facility for the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings.
“assisted reproductive technology” applies in that section
The term “assisted reproductive technology” means all treatments or procedures which include the handling of human oocytes or embryos, including in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and such other specific technologies as the Secretary may include in this definition, after making public any proposed definition in such manner as to facilitate comment from any person (including any Federal or other public agency). (2) Embryo laboratory
“embryo laboratory” applies in that section
The term “embryo laboratory” means a facility in which human oocytes are subject to assisted reproductive technology treatment or procedures based on manipulation of oocytes or embryos which are subject to implantation. (3) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Health and Human Services.
“accreditation body” applies in that section
The term “accreditation body” means a body that has been approved by the Secretary under subsection (e)(1)(A) to accredit mammography facilities. (2) Certificate
“certificate” applies in that section
The term “certificate” means the certificate described in subsection (b)(1). (3) Facility (A) In general
“facility” applies in that section
The term “facility” means a hospital, outpatient department, clinic, radiology practice, or mobile unit, an office of a physician, or other facility as determined by the Secretary, that conducts breast cancer screening or diagnosis through mammography activities. Such term does not include a facility of the Department of Veterans Affairs. (B) Activities For the purposes of this section, the activities of a facility include the operation of equipment to produce the mammogram, the processing of the film, the initial interpretation of the mammogram and the viewing conditions for that interpretation.
“inspection” applies in that section
The term “inspection” means an onsite evaluation of the facility by the Secretary, or State or local agency on behalf of the Secretary. (5) Mammogram
“mammogram” applies in that section
The term “mammogram” means a radiographic image produced through mammography. (6) Mammography
“mammography” applies in that section
The term “mammography” means radiography of the breast. (7) Survey
“review physician” applies in that section
The term “review physician” means a physician as prescribed by the Secretary under subsection (f)(1)(D) who meets such additional requirements as may be established by an accreditation body under subsection (e) and approved by the Secretary to review clinical images under subsection (e)(1)(B)(i) on behalf of the accreditation body.
“survey” applies in that section
The term “survey” means an onsite physics consultation and evaluation performed by a medical physicist as described in subsection (f)(1)(E). (8) Review physician
“State” applies in that section
the term “State” includes, in addition to the several States, only the District of Columbia. (2) For purposes of this subsection, the term “qualifying stage”, with respect to a communicable disease, means that such disease— (A) is in a communicable stage; or (B) is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals.
“basic hourly rate” applies in that section
the term “basic hourly rate” shall mean the regular basic rate of pay which is applicable to such employees for work performed within their regular scheduled tour of duty. (d) Payment of extra compensation to United States; bond or deposit to assure payment; deposit of moneys to credit of appropriation (1) The said extra compensation shall be paid to the United States by the owner, agent, consignee, operator, or master or other person in charge of any conveyance, for whom, at his request, services as described in this subsection (hereinafter referred to as overtime service) are performed.
“organ” applies throughout its part
The term “organ” means the human kidney, liver, heart, lung, pancreas, and any other human organ (other than corneas and eyes) specified by the Secretary by regulation and for purposes of section 274a of this title , such term includes bone marrow.
“transplant center” applies throughout its part
The term “transplant center” means a health care facility in which transplants of organs are performed.;
“human organ” applies in that section
The term “human organ” means the human (including fetal) kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, and skin or any subpart thereof and any other human organ (or any subpart thereof, including that derived from a fetus) specified by the Secretary of Health and Human Services by regulation. (2) The term “valuable consideration” does not include the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of a human organ or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.;
“human organ paired donation” applies in that section
The term “human organ paired donation” means the donation and receipt of human organs under the following circumstances: (A) An individual (referred to in this paragraph as the “first donor”) desires to make a living donation of a human organ specifically to a particular patient (referred to in this paragraph as the “first patient”), but such donor is biologically incompatible as a donor for such patient.
“interstate commerce” applies in that section
The term “interstate commerce” has the meaning prescribed for it by section 321(b) of title 21 .;
“donating individuals” applies in that section
The term “donating individuals” has the meaning indicated for such term in subsection (a)(1), subject to subsection (d)(1).;
“qualifying expenses” applies in that section
The term “qualifying expenses” means the expenses authorized for purposes of subsection (a), subject to subsection (d)(2). (g) Authorization of appropriations For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2005 through 2009.
“eligible hospital” applies in that section
the term “eligible hospital” means a hospital that performs significant trauma care, or a hospital or consortium of hospitals that serves a population base of not fewer than 200,000 individuals. (b) Administration of coordination program A condition for the receipt of a grant under subsection (a) is that the applicant involved agree that the program under such subsection will be carried out jointly— (1) by representatives from the eligible hospital and the qualified organ procurement organization with respect to which the grant is made; and (2) by such other entities as the representatives referred to in paragraph (1) may designate.
“organ” applies throughout its part
The term “organ” has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations. (2) Organ procurement organization
“organ procurement organization” applies throughout its part
The term “organ procurement organization” means a qualified organ procurement organization described in section 273(b)(1) of this title . (3) Organ Procurement and Transplantation Network
“Organ Procurementand 1 Transplantation Network” applies throughout its part
The term “Organ Procurementand 1 Transplantation Network” means the Organ Procurement and Transplantation Network established under section 274 of this title .
“qualified cord blood bank” applies in that section
The term “qualified cord blood bank” means a cord blood bank that— (A) has obtained all applicable Federal and State licenses, certifications, registrations (including pursuant to the regulations of the Food and Drug Administration), and other authorizations required to operate and maintain a cord blood bank; (B) has implemented donor screening, cord blood collection practices, and processing methods intended to protect the health and safety of donors and transplant recipients to improve transplant outcomes, including with respect to the transmission of potentially harmful infections and other diseases; (C) is accredited by an accreditation entity recognized by the Secretary under …
“remote collection” applies in that section
the term “remote collection” means the collection of cord blood units at locations that do not have written contracts with cord blood banks for collection support. (3) Single point of access; standard data (A) Single point of access The Secretary shall ensure that health care professionals and patients are able to search electronically for and facilitate access to, in the manner and to the extent defined by the Secretary and consistent with the functions described in paragraphs (1)(A) and (2)(A)(i), cells from bone marrow donors and cord blood units through a single point of access.
“Advisory Council” applies throughout its part
The term “Advisory Council” means the advisory council established by the Secretary under section 274k(a)(1) of this title .;
“bone marrow” applies throughout its part
The term “bone marrow” means the cells found in adult bone marrow and peripheral blood.;
“outcomes database” applies throughout its part
The term “outcomes database” means the database established by the Secretary under section 274 l of this title.;
“Program” applies throughout its part
The term “Program” means the C.W. Bill Young Cell Transplantation Program established under section 274k of this title .
“controlled substance” applies in that section
The term “controlled substance” has the meaning given that term in section 802 of title 21 . (2) Indian tribe
“Indian tribe” applies in that section
The term “Indian tribe” has the meaning given that term in section 5304 of title 25 . (e) Authorization of appropriations For purposes of carrying out this section, section 280g–3 of this title , and section 290bb–25g of this title , there is authorized to be appropriated $505,579,000 for each of fiscal years 2026 through 2030.
“interpersonal violence within families and among acquaintances” applies throughout its part
the term “interpersonal violence within families and among acquaintances” includes behavior commonly referred to as domestic violence, sexual assault, spousal abuse, woman battering, partner abuse, elder abuse, and acquaintance rape.
“traumatic brain injury” applies in that section
the term “traumatic brain injury” means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to trauma. The Secretary may revise the definition of such term as the Secretary determines necessary, after consultation with States and other appropriate public or nonprofit private entities.
“eligible entity” applies in that section
The term “eligible entity” includes public and nonprofit private entities that provide health or related social services, including community-based organizations, visiting nurse organizations, hospitals, local health departments, community health centers, Native Hawaiian health centers, nurse managed clinics, family service agencies, child welfare agencies, developmental service providers, family resource and support programs, and resource mothers projects.;
“eligible family” applies in that section
The term “eligible family” means a family described in subsection (a). (3) The term “health or developmental complication”, with respect to a child, means— (A) being born in an unhealthy or potentially unhealthy condition, including premature birth, low birthweight, and prenatal exposure to maternal substance abuse; (B) a condition arising from a condition described in subparagraph (A); (C) a physical disability or delay; and (D) a developmental disability or delay.;
“home visiting services” applies in that section
The term “home visiting services” means the services specified in subsection (b), provided at the residence of the eligible family involved or provided pursuant to arrangements made for the family (including arrangements for services in community settings).;
“home visitors” applies in that section
The term “home visitors” means providers of home visiting services. (r) Authorization of appropriations For the purpose of carrying out this section, there is authorized to be appropriated $30,000,000 for each of the fiscal years 1993 and 1994.
“brain-related tumor” applies in that section
The term “brain-related tumor” means a listed primary tumor (whether malignant or benign) occurring in any of the following sites: (I) The brain, meninges, spinal cord, cauda equina, a cranial nerve or nerves, or any other part of the central nervous system. (II) The pituitary gland, pineal gland, or craniopharyngeal duct. (ii) The term “listed”, with respect to a primary tumor, means a primary tumor that is listed in the International Classification of Diseases for Oncology (commonly referred to as the ICD–O).;
“International Classification of Diseases for Oncology” applies in that section
The term “International Classification of Diseases for Oncology” means a classification system that includes topography (site) information and histology (cell type information) developed by the World Health Organization, in collaboration with international centers, to promote international comparability in the collection, classification, processing, and presentation of cancer statistics. The ICD–O system is a supplement to the International Statistical Classification of Diseases and Related Health Problems (commonly known as the ICD) and is the standard coding system used by cancer registries worldwide.
“civil liability protection law” applies in that section
the term “civil liability protection law” means a State law offering legal protection to individuals who give aid on a voluntary basis in an emergency to an individual who is ill, in peril, or otherwise incapacitated. (2) Rule of construction Nothing in this subsection creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. (3) Definitions For purposes of this subsection:;
“elementary school” applies in that section
The terms “elementary school” and “secondary school” have the meaning given to those terms in section 7801 of title 20 .;
“eligible entity” applies in that section
the term “eligible entity” means a public or nonprofit private entity (including a State or political subdivision of a State), or a consortium of any of such entities. (b) Coordination with other children’s programs An eligible entity shall identify in the plan submitted as part of an application for a grant under this section how the entity will coordinate operations and activities under the grant with— (1) other programs operated in the State that serve children with asthma, including any such programs operated under title V, XIX, or XXI of the Social Security Act [ 42 U.S.C.
“health care practitioner” applies in that section
The term “health care practitioner” means a person authorized under law to prescribe drugs subject to section 353(b) of title 21 .;
“medication” applies in that section
The term “medication” means a drug as that term is defined in section 321 of title 21 and includes inhaled bronchodilators and auto-injectable epinephrine.;
“secondary school” applies in that section
The terms “elementary school” and “secondary school” have the meaning given to those terms in section 7801 of title 20 .;
“self-administration” applies in that section
The term “self-administration” means a student’s discretionary use of his or her prescribed asthma or anaphylaxis medication, pursuant to a prescription or written direction from a health care practitioner.;
“trained personnel” applies in that section
The term “trained personnel” means, with respect to an elementary or secondary school, an individual, such as the school nurse— (i) who has been designated by the school nurse or principal (or other appropriate administrative staff) of the school to administer epinephrine on a voluntary basis outside their scope of employment; (ii) who has received training in the administration of epinephrine; and (iii) whose training in the administration of epinephrine meets appropriate medical standards and has been documented by appropriate administrative staff of the school.
“early intervention” applies in that section
The term “early intervention” means— (A) providing appropriate services for the child who is deaf or hard-of-hearing, including nonmedical services; and (B) ensuring that the family of the child is— (i) provided comprehensive, consumer-oriented information about the full range of family support, training, information services, and language acquisition in oral and visual modalities; and (ii) given the opportunity to consider and obtain the full range of such appropriate services, educational and program placements, and other options for the child from highly qualified providers.;
“medical evaluation” applies in that section
The term “medical evaluation” means key components performed by a physician including history, examination, and medical decisionmaking focused on symptomatic and related body systems for the purpose of diagnosing the etiology of hearing loss and related physical conditions, and for identifying appropriate treatment and referral options.;
“medical intervention” applies in that section
The term “medical intervention” means the process by which a physician provides medical diagnosis and direction for medical or surgical treatment options for hearing loss or other medical disorders associated with hearing loss.;
“newborn, infant, and young child hearing screening” applies in that section
The term “newborn, infant, and young child hearing screening” means objective physiologic procedures to detect possible hearing loss and to identify newborns, infants, and young children under 3 years of age who require further audiologic and medical evaluations. (f) Authorization of appropriations (1) Statewide newborn and infant hearing screening, evaluation and intervention programs and systems For the purpose of carrying out subsection (a), there are authorized to be appropriated to the Health Resources and Services Administration $17,818,000 for each of fiscal years 2023 through 2027.
“eligible entity” applies in that section
The term “eligible entity” means a public or nonprofit private entity, including a State or political subdivision of a State, an Indian Tribe or Tribal organization, an urban Indian organization, a community-based organization, a public health department, a free health clinic, a hospital, or a Federally-qualified health center ((as 1 defined in section 1861(aa)(4) of the Social Security Act [ 42 U.S.C. 1395x(aa)(4) ]), or a consortium of any such entities. (2) Indian Tribe; Tribal organization
“Indian Tribe” applies in that section
The terms “Indian Tribe” and “Tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization”, respectively, in section 5304 of title 25 . (3) Urban Indian organization
“Tribal organization” applies in that section
The terms “Indian Tribe” and “Tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization”, respectively, in section 5304 of title 25 . (3) Urban Indian organization
“urban Indian organization” applies in that section
The term “urban Indian organization” has the meaning given such term in section 1603 of title 25 .
“Health Extension Agent” applies in that section
The term “Health Extension Agent” means any local, community-based health worker who facilitates and provides assistance to primary care practices by implementing quality improvement or system redesign, incorporating the principles of the patient-centered medical home to provide high-quality, effective, efficient, and safe primary care and to provide guidance to patients in culturally and linguistically appropriate ways, and linking practices to diverse health system resources. (B) Primary care provider
“primary care provider” applies in that section
The term “primary care provider” means a clinician who provides integrated, accessible health care services and who is accountable for addressing a large majority of personal health care needs, including providing preventive and health promotion services for men, women, and children of all ages, developing a sustained partnership with patients, and practicing in the context of family and community, as recognized by a State licensing or regulatory authority, unless otherwise specified in this section.
“health care organization” applies in that section
The term “health care organization” means any individual or entity which is obligated to provide, pay for, or administer health benefits under any health plan. (3) Health care provider
“health care provider” applies in that section
The term “health care provider” means any individual or entity— (A) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (B) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (k) Authorization of appropriations There are authorized to be appropriated to carry out this section, $50,000,000 for the 5-fiscal year period beginning with fiscal year 2011. (l) Current State efforts to establish alternative to tort litigation Nothing in this section shall be construed to limit any prior, current, or future efforts of any State to establish any alternative to tort litigation.
“health care services” applies in that section
The term “health care services” means any services provided by a health care provider, or by any individual working under the supervision of a health care provider, that relate to— (A) the diagnosis, prevention, or treatment of any human disease or impairment; or (B) the assessment of the health of human beings. (2) Health care organization
“cancer cluster” applies in that section
The term “cancer cluster” means the incidence of a particular cancer within a population group, a geographical area, and a period of time that is greater than expected for such group, area, and period. (2) Particular cancer
“particular cancer” applies in that section
The term “particular cancer” means one specific type of cancer or a type of cancers scientifically proven to have the same cause. (3) Population group
“population group” applies in that section
The term “population group” means a group, for purposes of calculating cancer rates, defined by factors such as race, ethnicity, age, or gender. (b) Criteria for designation of potential cancer clusters (1) Development of criteria The Secretary shall develop criteria for the designation of potential cancer clusters.
“clinical workflow” applies in that section
The term “clinical workflow” means the integration of automated queries for prescription drug monitoring programs data and analytics into health information technologies such as electronic health record systems, health information exchanges, and/or pharmacy dispensing software systems, thus streamlining provider access through automated queries.
“controlled substance” applies in that section
The term “controlled substance” means a controlled substance (as defined in section 802 of title 21 ) in schedule II, III, or IV of section 812 of such title.;
“dispense” applies in that section
The term “dispense” means to deliver a controlled substance to an ultimate user by, or pursuant to the lawful order of, a practitioner, irrespective of whether the dispenser uses the Internet or other means to effect such delivery.;
“dispenser” applies in that section
The term “dispenser” means a physician, pharmacist, or other person that dispenses a controlled substance to an ultimate user. (4) The term “interstate interoperability” with respect to a PDMP means the ability of the PDMP to electronically share reported information with another State if the information concerns either the dispensing of a controlled substance to an ultimate user who resides in such other State, or the dispensing of a controlled substance prescribed by a practitioner whose principal place of business is located in such other State.
“nonidentifiable information” applies in that section
The term “nonidentifiable information” means information that does not identify a practitioner, dispenser, or an ultimate user and with respect to which there is no reasonable basis to believe that the information can be used to identify a practitioner, dispenser, or an ultimate user.;
“PDMP” applies in that section
The term “PDMP” means a prescription drug monitoring program that is State-controlled.;
“practitioner” applies in that section
The term “practitioner” means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which the individual practices or does research, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.;