42 USC 296m: Nurse practitioner and nurse midwife programs
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42 USC 296m: Nurse practitioner and nurse midwife programs Text contains those laws in effect on January 4, 1995
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 6-THE CHILDREN'S BUREAUSUBCHAPTER VI-NURSE EDUCATIONPart A-Special Projectssubpart i-special projects in general

§296m. Nurse practitioner and nurse midwife programs

(a) In general

The Secretary may make grants to and enter into contracts with public and nonprofit private schools of nursing or other public and nonprofit private entities to meet the costs of projects that, with respect to programs described in subsection (b) of this section-

(1) plan, develop, and operate new such programs; or

(2) maintain or significantly expand existing such programs.

(b) Authorized programs

(1) In general

The programs referred to in subsection (a) of this section are educational programs for registered nurses (irrespective of the type of school of nursing in which the nurses received their training) that-

(A) meet guidelines prescribed by the Secretary in accordance with paragraph (2); and

(B) have as their objective the education of nurses who will, upon completion of their studies in such programs, be qualified to effectively provide primary health care, including primary health care in homes and in ambulatory care facilities, long-term care facilities and other health care institutions.

(2) Guidelines

After consultation with appropriate educational organizations and professional nursing and medical organizations, the Secretary shall prescribe guidelines for programs described in paragraph (1). Such guidelines shall, as a minimum, require that such a program-

(A) extend for at least one academic year and consist of-

(i) supervised clinical practice directed toward preparing nurses to deliver primary health care; and

(ii) at least four months (in the aggregate) of classroom instruction that is so directed; and


(B) have an enrollment of not less than six full-time equivalent students.

(c) Certain considerations in making awards

(1) Preference

In making awards of grants and contracts under subsection (a) of this section, the Secretary shall give preference to any qualified applicant that, with respect to programs described in subsection (b) of this section, agrees to expend the award to plan, develop, and operate new such programs or to significantly expand existing such programs.

(2) Special consideration

In making awards of grants and contracts under subsection (a) of this section, the Secretary shall give special consideration to qualified applicants that agree to expend the award to train individuals as nurse practitioners and nurse midwives who will practice in health professional shortage areas designated under section 254e of this title.

(d) Authorization of appropriations

For the purpose of carrying out this section, there is authorized to be appropriated $20,000,000 for each of the fiscal years 1993 and 1994.

(July 1, 1944, ch. 373, title VIII, §822, as added July 29, 1975, Pub. L. 94–63, title IX, §931(a), 89 Stat. 361 ; amended Aug. 1, 1977, Pub. L. 95–83, title III, §307(o)(5)(A), 91 Stat. 393 ; Sept. 29, 1979, Pub. L. 96–76, title I, §107, 93 Stat. 579 ; Aug. 13, 1981, Pub. L. 97–35, title XXVII, §2755, 95 Stat. 930 ; Aug. 16, 1985, Pub. L. 99–92, §5, 99 Stat. 394 ; Oct. 22, 1985, Pub. L. 99–129, title II, §227(c), 99 Stat. 548 ; Nov. 4, 1988, Pub. L. 100–607, title VII, §703, 102 Stat. 3157 ; Aug. 16, 1989, Pub. L. 101–93, §5(q), 103 Stat. 614 ; Nov. 16, 1990, Pub. L. 101–597, title IV, §401(b)[(a)], 104 Stat. 3035 ; Oct. 13, 1992, Pub. L. 102–408, title II, §204, 106 Stat. 2072 .)

Amendments

1992-Pub. L. 102–408 amended section generally, substituting present provisions for provisions outlining covered costs in nurse practitioner and midwife programs, providing for traineeship programs for nurse practitioners and midwives, setting out required assurances in applications for grants or contracts for the practitioner and midwife programs, and authorizing of appropriations.

1990-Subsecs. (a)(1), (b)(1), (3). Pub. L. 101–597 substituted reference to health professional shortage area for reference to health manpower shortage area.

1989-Subsec. (b)(3). Pub. L. 101–93 inserted period at end.

1988-Subsec. (a)(2)(B)(ii). Pub. L. 100–607, §703(a), substituted "six full-time equivalent students" for "eight students".

Subsec. (b)(3). Pub. L. 100–607, §703(b), substituted "254e of this title), in an Indian Health Service health center, in a Native Hawaiian health center, in a public health care facility, in a migrant health center (as defined in section 254b(a)(1) of this title), in a rural health clinic (as defined in section 1395x(aa)(2) of this title), or in a community health center (as defined in section 254c(a) of this title)" for "254e of this title) or in a public health care facility for a period equal to one month for each month for which the recipient receives such a traineeship."

Subsec. (c). Pub. L. 100–607, §703(c)(1), inserted "under subsection (a) or (b) of this section" after "operate a program".

Pub. L. 100–607, §703(c)(2), which directed the substitution of "midwives unless the application" for "midwives unless this application", could not be executed, because the phrase already appears as "midwives unless the application" in text.

Subsec. (d). Pub. L. 100–607, §703(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "For payments under grants and contracts under this section, there are authorized to be appropriated $12,000,000 for the fiscal year ending September 30, 1986, $12,000,000 for the fiscal year ending September 30, 1987, and $12,000,000 for the fiscal year ending September 30, 1988."

1985-Pub. L. 99–92, §5(f), inserted reference to nurse midwife programs in section catchline.

Subsec. (a)(1). Pub. L. 99–129 inserted "(particularly problems in the delivery of preventive care, acute care, and long-term care (including home health care and institutional care) to such patients)" after "geriatric patients".

Pub. L. 99–92, §5(a)(1), amended par. (1) generally, substituting provisions relating to programs for the education of nurse practitioners and nurse midwives for provisions relating to programs for the training of nurse practitioners.

Subsec. (a)(2)(A). Pub. L. 99–92, §5(a)(2)(A), amended subpar. (A) generally, substituting provisions defining "programs for the education of nurse practitioners and nurse midwives" for provisions defining "programs for the training of nurse practitioners".

Subsec. (a)(2)(B). Pub. L. 99–92, §5(a)(2)(B), (C), substituted "education of nurse practitioners and nurse midwives" for "training of nurse practitioners".

Subsec. (b)(1). Pub. L. 99–92, §5(b)(1), (2), inserted requirement that schools of medicine receive grants or contracts prior to Oct. 1, 1985, and applicability to nurse midwives.

Subsec. (b)(3). Pub. L. 99–92, §5(b)(3), (4), inserted applicability to a nurse midwife, and to practice in a public health care facility.

Subsec. (c). Pub. L. 99–92, §5(c), substituted "education of nurse practitioners and nurse midwives" for "training of nurse practitioners".

Subsecs. (d), (e). Pub. L. 99–92, §5(d), (e), redesignated subsec. (e) as (d) and amended it generally, substituting authorization of appropriations for fiscal years 1986 through 1988 for authorization of appropriations for fiscal years 1976 through 1984. Former subsec. (d), relating to additional covered costs, was struck out.

1981-Subsec. (b). Pub. L. 97–35, §2755(a), (b), in par. (1) inserted provisions respecting consideration of applications for a grant or contract, in par. (3) inserted provisions respecting one month service, and added par. (4).

Subsec. (e). Pub. L. 97–35, §2755(c), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1982, 1983, and 1984.

1979-Subsec. (e). Pub. L. 96–76 authorized appropriations of $15,000,000 for fiscal year ending Sept. 30, 1980.

1977-Subsec. (a)(1). Pub. L. 95–83, §307(o)(5)(A)(i), inserted "for the training of nurse practitioners who will practice in health manpower shortage areas (designated under section 254e of this title) and" after "contracts for programs".

Subsecs. (b) to (e). Pub. L. 95–83, §307(o)(5)(A)(ii), added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively.

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–92 effective Oct. 1, 1985, see section 10(a) of Pub. L. 99–92, set out as a note under section 296k of this title.

Effective Date of 1977 Amendment

Section 307(o)(5)(C) of Pub. L. 95–83 provided that: "The amendments made by this paragraph [amending this section and section 297 of this title] shall be effective as of October 12, 1976."

Guidelines for Nurse Practitioner Training Programs

Section 932 of Pub. L. 94–63 required the Secretary of Health, Education, and Welfare to prescribe guidelines for nurse practitioner programs specified in subsec. (a) of this section, within ninety days after July 29, 1975.

Section Referred to in Other Sections

This section is referred to in sections 293j, 297, 298b–7 of this title.