§295l. Statistics; annual report
(a) Statistics and other information
The Secretary shall, in coordination with the National Center for Health Statistics (established under section 242k of this title), continuously develop, publish, and disseminate on a nationwide basis statistics and other information respecting public and community health personnel, including-
(1) detailed descriptions of the various types of activities in which public and community health personnel are engaged,
(2) the current and anticipated needs for the various types of public and community health personnel, and
(3) the number, employment, geographic locations, salaries, and surpluses and shortages of public and community health personnel, the educational and licensure requirements for the various types of such personnel, and the cost of training such personnel.
(b) 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 (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 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 activities conducted under this section.
(2) Consent as precondition to transfer of information
Any entity which maintains a record of personal data and which receives a request from the Secretary or a program entity to use 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 for purposes of 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 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 an arrangement with the Secretary for purposes of this section.
(c) Report
The Secretary shall submit biennially to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Labor and Human Resources of the Senate a report on-
(1) the statistics and other information developed pursuant to subsection (a) of this section; and
(2) the activities conducted under this subchapter, including an evaluation of such activities.
Such report shall contain such recommendations for legislation as the Secretary determines are needed to improve the programs authorized under such subparts.1 The Office of Management and Budget may review such report before its submission to such Committees, but the Office may not revise the report or delay its submission beyond the date prescribed for its submission and may submit to such Committees its comments respecting such report.
(d) "Public and community health personnel" defined
For purposes of this section, the term "public and community health personnel" means individuals who are engaged in-
(1) the planning, development, monitoring, or management of health care or health care institutions, organizations, or systems,
(2) research on health care development and the collection and analysis of health statistics, data on the health of population groups, and any other health data,
(3) the development and improvement of individual and community knowledge of health (including environmental health and preventive medicine) and the health care system, or
(4) the planning and development of a healthful environment and control of environmental health hazards.
(July 1, 1944, ch. 373, title VII, §793, as added Oct. 13, 1992,
References in Text
Such subparts, referred to in subsec. (c), meant subparts I and II of part D of this subchapter prior to the amendment of subsec. (c)(2) by
Prior Provisions
A prior section 793 of act July 1, 1944, was classified to section 295h–1c of this title prior to the general revision of this subchapter by
Another prior section 793 of act July 1, 1944, was renumbered section 794 by
Amendments
1992-Subsec. (c)(2).
Change of Name
Committee on Energy and Commerce of House of Representatives changed to Committee on Commerce of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Effective Date of 1992 Amendment
Amendment by