Authorizing Legislation 2

Attachment 1B. Public Health Service Act, Title 42 (42 USC Sec. 792 [295k])
42 USC 295k: Health professions data
From Title 42-THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A-PUBLIC HEALTH SERVICE
SUBCHAPTER V-HEALTH PROFESSIONS EDUCATION
Part F-General Provisions
§295k. Health professions data
(a) In general
The Secretary shall establish a program, including a uniform health professions data reporting system,
to collect, compile, and analyze data on health professions personnel which program shall initially
include data respecting all physicians and dentists in the States. The Secretary is authorized to expand
the program to include, whenever he determines it necessary, the collection, compilation, and analysis of
data respecting pharmacists, optometrists, podiatrists, veterinarians, public health personnel,
audiologists, speech pathologists, health care administration personnel, nurses, allied health personnel,
medical technologists, chiropractors, clinical psychologists, professional counselors, and any other
health personnel in States designated by the Secretary to be included in the program. Such data shall
include data respecting the training, licensure status (including permanent, temporary, partial, limited, or
institutional), place or places of practice, professional specialty, practice characteristics, place and date
of birth, sex, and socioeconomic background of health professions personnel and such other
demographic information regarding health professions personnel as the Secretary may require.
(b) Certain authorities and requirements
(1) Sources of information
In carrying out subsection (a) of this section, the Secretary shall collect available
information from appropriate local, State, and Federal agencies and other appropriate sources.
(2) Contracts for studies of health professions
The Secretary shall conduct or enter into contracts for the conduct of analytic and
descriptive studies of the health professions, including evaluations and projections of the
supply of, and requirements for, the health professions by specialty and geographic location.
Such studies shall include studies determining by specialty and geographic location the
number of health professionals (including allied health professionals and health care
administration personnel) who are members of minority groups, including Hispanics, and
studies providing by specialty and geographic location evaluations and projections of the
supply of, and requirements for, health professionals (including allied health professionals and
health care administration personnel) to serve minority groups, including Hispanics.
(3) Grants and contracts regarding States
The Secretary is authorized to make grants and to enter into contracts with States (or an
appropriate nonprofit private entity in any State) for the purpose of participating in the
program established under subsection (a) of this section. The Secretary shall determine the
amount and scope of any such grant or contract. To be eligible for a grant or contract under
this paragraph a State or entity shall submit an application in such form and manner and
containing such information as the Secretary shall require. Such application shall include
reasonable assurance, satisfactory to the Secretary, that(A) such State (or nonprofit entity within a State) will establish a program of mandatory
annual registration of the health professions personnel described in subsection (a) of this
section who reside or practice in such State and of health institutions licensed by such State,

Attachment 1B. Public Health Service Act, Title 42 (42 USC Sec. 792 [295k])
which registration shall include such information as the Secretary shall determine to be
appropriate;
(B) such State or entity shall collect such information and report it to the Secretary in
such form and manner as the Secretary shall prescribe; and
(C) such State or entity shall comply with the requirements of subsection (e) of this
section.
(d) 1 Reports to Congress
The Secretary shall submit to the Congress on October 1, 1993, and biennially thereafter, the
following reports:
(1) A comprehensive report regarding the status of health personnel according to profession,
including a report regarding the analytic and descriptive studies conducted under this section.
(2) A comprehensive report regarding applicants to, and students enrolled in, programs and
institutions for the training of health personnel, including descriptions and analyses of student
indebtedness, student need for financial assistance, financial resources to meet the needs of
students, student career choices such as practice specialty and geographic location and the
relationship, if any, between student indebtedness and career choices.
(e) Requirements regarding personal data
(1) In general
The Secretary and each program entity shall in securing and maintaining any record of
individually identifiable personal data (hereinafter in this subsection referred to as "personal
data") for purposes of this section(A) inform any individual who is asked to supply personal data whether he is legally
required, or may refuse, to supply such data and inform him of any specific consequences,
known to the Secretary or program entity, as the case may be, of providing or not providing
such data;
(B) upon request, inform any individual if he is the subject of personal data secured or
maintained by the Secretary or program entity, as the case may be, and make the data
available to him in a form comprehensible to him;
(C) assure that no use is made of personal data which use is not within the purposes of
this section unless an informed consent has been obtained from the individual who is the
subject of such data; and
(D) upon request, inform any individual of the use being made of personal data
respecting such individual and of the identity of the individuals and entities which will use
the data and their relationship to the programs under this section.
(2) Consent as precondition to disclosure
Any entity which maintains a record of personal data and which receives a request from the
Secretary or a program entity for such data for purposes of this section shall not transfer any
such data to the Secretary or to a program entity unless the individual whose personal data is
to be so transferred gives an informed consent for such transfer.
(3) Disclosure by Secretary
(A) Notwithstanding any other provision of law, personal data collected by the Secretary or
any program entity under this section may not be made available or disclosed by the Secretary
or any program entity to any person other than the individual who is the subject of such data
unless (i) such person requires such data for purposes of this section, or (ii) in response to a
demand for such data made by means of compulsory legal process. Any individual who is the

Attachment 1B. Public Health Service Act, Title 42 (42 USC Sec. 792 [295k])
subject of personal data made available or disclosed under clause (ii) shall be notified of the
demand for such data.
(B) Subject to all applicable laws regarding confidentiality, only the data collected by the
Secretary under this section which is not personal data shall be made available to bona fide
researchers and policy analysts (including the Congress) for the purposes of assisting in the
conduct of studies respecting health professions personnel.
(4) "Program entity" defined
For purposes of this subsection, the term "program entity" means any public or private
entity which collects, compiles, or analyzes health professions data under a grant, contract, or
other arrangement with the Secretary under this section.
(g) 2 Technical assistance
The Secretary shall provide technical assistance to the States and political subdivisions thereof in the
development of systems (including model laws) concerning confidentiality and comparability of data
collected pursuant to this section.
(h) Grants and contracts regarding nonprofit entities
(1) In general
In carrying out subsection (a) of this section, the Secretary may make grants, or enter into
contracts and cooperative agreements with, and provide technical assistance to, any nonprofit
entity in order to establish a uniform allied health professions data reporting system to collect,
compile, and analyze data on the allied health professions personnel.
(2) Reports
With respect to reports required in subsection (d) of this section, each such report made on
or after October 1, 1991, shall include a description and analysis of data collected pursuant to
paragraph (1).
(July 1, 1944, ch. 373, title VII, §792, as added Pub. L. 102–408, title I, §102, Oct. 13, 1992, 106 Stat.
2058 ; amended Pub. L. 105–392, title I, §106(b), Nov. 13, 1998, 112 Stat. 3559 .)
PRIOR PROVISIONS
A prior section 792 of act July 1, 1944, was classified to section 295h–1b of this title prior to the
general amendment of this subchapter by Pub. L. 102–408.
Another prior section 792 of act July 1, 1944, was classified to section 295h–1 of this title prior to
repeal by Pub. L. 97–35.
AMENDMENTS
1998-Subsec. (a). Pub. L. 105–392 inserted "professional counselors," after "clinical psychologists,".
STUDY REGARDING SHORTAGES OF LICENSED PHARMACISTS
Pub. L. 106–129, §5, Dec. 6, 1999, 113 Stat. 1675 , provided that:
"(a) In General.-The Secretary of Health and Human Services (in this section referred to as the
'Secretary'), acting through the appropriate agencies of the Public Health Service, shall conduct a study
to determine whether and to what extent there is a shortage of licensed pharmacists. In carrying out the
study, the Secretary shall seek the comments of appropriate public and private entities regarding any
such shortage.

Attachment 1B. Public Health Service Act, Title 42 (42 USC Sec. 792 [295k])
"(b) Report to Congress.-Not later than 1 year after the date of the enactment of this Act [Dec. 6,
1999], the Secretary shall complete the study under subsection (a) and submit to the Congress a report
that describes the findings made through the study and that contains a summary of the comments
received by the Secretary pursuant to such subsection."
ADVISORY COUNCIL ON GRADUATE MEDICAL EDUCATION
Pub. L. 102–408, title III, §301, Oct. 13, 1992, 106 Stat. 2080 , as amended by Pub. L. 102–531, title
III, §313(b), Oct. 27, 1992, 106 Stat. 3507 ; Pub. L. 105–392, title I, §104(b)(1)–(3), Nov. 13, 1998, 112
Stat. 3552 , which was formerly set out as a note under this section, was renumbered section 762 of the
Public Health Service Act by Pub. L. 105–392, title I, §104(b)(4)–(6), Nov. 13, 1998, 112 Stat. 3553 ,
and is classified to section 294o of this title.
COMMISSION ON ALLIED HEALTH
Pub. L. 102–408, title III, §302, Oct. 13, 1992, 106 Stat. 2082 , provided for establishment of a
National Commission on Allied Health, charged with (1) making recommendations to the Secretary of
Health and Human Services and Congress with respect to nationwide supply and distribution of allied
health personnel, current and future shortages of personnel, priority research needs within allied health
professions, Federal policies relating to personnel and research as well as undergraduate and graduate
financing, concerted efforts on part of allied health facilities and educational institutions to address such
matters, and needs with respect to nationwide data bases concerning supply and distribution of allied
health personnel, and (2) encouraging entities providing allied health education to voluntarily achieve
recommendations of Commission, and further provided for composition of Commission, date certain for
appointments to Commission, resources for Commission activities, an interim progress report due not
later than Oct. 1, 1993, a final report due not later than Apr. 1, 1994, and termination of Commission 60
days after submission of final report.
STUDY REGARDING SHORTAGE OF CLINICAL LABORATORY TECHNOLOGISTS FOR MEDICALLY
UNDERSERVED AND RURAL COMMUNITIES
Pub. L. 102–408, title III, §303, Oct. 13, 1992, 106 Stat. 2083 , directed Secretary of Health and
Human Services, with respect to the shortage of clinical laboratory technologists, to conduct a study for
the purpose of determining whether there are special or unique factors affecting the supply of clinical
laboratory technologists in medically underserved and rural communities, and assessing alternative
routes for certification of the competence of individuals to serve as such technologists, with
consideration of the role of entities providing such certifications, and, not later than Oct. 1, 1993,
complete the study and submit to Committee on Energy and Commerce of House of Representatives,
and to Committee on Labor and Human Resources of Senate, a report describing the findings made as
result of the study.
NATIONAL ADVISORY COUNCIL ON MEDICAL LICENSURE
Pub. L. 102–408, title III, §307, Oct. 13, 1992, 106 Stat. 2086 , directed Secretary of Health and
Human Services to establish National Advisory Council on Medical Licensure to advise Secretary on
American Medical Association's system of verifying and maintaining information regarding
qualifications of individuals to practice medicine, as well as advice regarding establishment and
operation of any similar system, provided for activities of Council, including review of private
credentials verification system and recommendations on how it could be improved, as well as review of
State procedures for licensing individuals licensed in other States and procedures for licensing
international medical graduates, provided for composition of Council and appointment of members,
required submission of an interim report to Congress not later than Sept. 30, 1993, and a final report

Attachment 1B. Public Health Service Act, Title 42 (42 USC Sec. 792 [295k])
with recommendations not later than Sept. 30, 1995, provided for termination of Council not later than
Sept. 30, 1995, or upon submission of final report, whichever is earlier, and further directed Secretary, in
cooperation with Council to submit to Congress, not later than Sept. 30, 1994, study of not less than 10
States for purposes of determining average time required for States to process licensure applications of
domestic and international medical graduates as well as percentages of domestic and international
licensure applications approved.
1

So in original. No subsec. (c) has been enacted.

2

So in original. No subsec. (f) has been enacted.