SUBCHAPTER X—TRAUMA CARE
Part A—General Authority and Duties of Secretary
§300d. Establishment
(a) In general
The Secretary shall, with respect to trauma care—
(1) conduct and support research, training, evaluations, and demonstration projects;
(2) foster the development of appropriate, modern systems of such care through the sharing of information among agencies and individuals involved in the study and provision of such care;
(3) collect, compile, and disseminate information on the achievements of, and problems experienced by, State and local agencies and private entities in providing trauma care and emergency medical services and, in so doing, give special consideration to the unique needs of rural areas;
(4) provide to State and local agencies technical assistance to enhance each State's capability to develop, implement, and sustain the trauma care component of each State's plan for the provision of emergency medical services;
(5) sponsor workshops and conferences; and
(6) promote the collection and categorization of trauma data in a consistent and standardized manner.
(b) Grants, cooperative agreements, and contracts
The Secretary may make grants, and enter into cooperative agreements and contracts, for the purpose of carrying out subsection (a).
(July 1, 1944, ch. 373, title XII, §1201, as added
Prior Provisions
A prior section 300d, act July 1, 1944, ch. 373, title XII, §1201, as added Nov. 16, 1973,
A prior section 1201 of act July 1, 1944, ch. 373, title XII, formerly §1205, as added Nov. 16, 1973,
Amendments
2007—
1996—Subsec. (a).
1993—Subsec. (a).
Subsec. (c).
Effective Date of 1996 Amendment
Amendment by
Congressional Statement of Findings
Section 2 of
"(1) the Federal Government and the governments of the States have established a history of cooperation in the development, implementation, and monitoring of integrated, comprehensive systems for the provision of emergency medical services throughout the United States;
"(2) physical trauma is the leading cause of death of Americans between the ages of 1 and 44 and is the third leading cause of death in the general population of the United States;
"(3) physical trauma in the United States results in an aggregate annual cost of $180,000,000,000 in medical expenses, insurance, lost wages, and property damage;
"(4) barriers to the provision of prompt and appropriate emergency medical services exist in many areas of the United States;
"(5) few States and communities have developed and implemented trauma care systems;
"(6) many trauma centers have incurred substantial uncompensated costs in providing trauma care, and such costs have caused many such centers to cease participation in trauma care systems; and
"(7) the number of incidents of physical trauma in the United States is a serious medical and social problem, and the number of deaths resulting from such incidents can be substantially reduced by improving the trauma-care components of the systems for the provision of emergency medical services in the United States."
§300d–1. Repealed. Pub. L. 103–183, title VI, §601(b)(1), Dec. 14, 1993, 107 Stat. 2238 ; Pub. L. 105–392, title IV, §401(a)(1)(A), Nov. 13, 1998, 112 Stat. 3587
Section, act July 1, 1944, ch. 373, title XII, §1202, as added Nov. 16, 1990,
A prior section 300d–1, act July 1, 1944, ch. 373, title XII, §1202, as added Nov. 16, 1973,
§300d–2. Repealed. Pub. L. 110–23, §3(1), May 3, 2007, 121 Stat. 90
Section, act July 1, 1944, ch. 373, title XII, §1202, formerly §1203, as added
A prior section 300d–2, act July 1, 1944, ch. 373, title XII, §1203, as added Nov. 16, 1973,
§300d–3. Establishment of programs for improving trauma care in rural areas
(a) In general
The Secretary may make grants to public and nonprofit private entities for the purpose of carrying out research and demonstration projects with respect to improving the availability and quality of emergency medical services in rural areas—
(1) by developing innovative uses of communications technologies and the use of new communications technology;
(2) by developing model curricula, such as advanced trauma life support, for training emergency medical services personnel, including first responders, emergency medical technicians, emergency nurses and physicians, and paramedics—
(A) in the assessment, stabilization, treatment, preparation for transport, and resuscitation of seriously injured patients, with special attention to problems that arise during long transports and to methods of minimizing delays in transport to the appropriate facility; and
(B) in the management of the operation of the emergency medical services system;
(3) by making training for original certification, and continuing education, in the provision and management of emergency medical services more accessible to emergency medical personnel in rural areas through telecommunications, home studies, providing teachers and training at locations accessible to such personnel, and other methods;
(4) by developing innovative protocols and agreements to increase access to prehospital care and equipment necessary for the transportation of seriously injured patients to the appropriate facilities;
(5) by evaluating the effectiveness of protocols with respect to emergency medical services and systems; and
(6) by increasing communication and coordination with State trauma systems.
(b) Special consideration for certain rural areas
In making grants under subsection (a), the Secretary shall give special consideration to any applicant for the grant that will provide services under the grant in any rural area identified by a State under
(c) Requirement of application
The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application 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.
(July 1, 1944, ch. 373, title XII, §1202, formerly §1204, as added
Prior Provisions
A prior section 300d–3, act July 1, 1944, ch. 373, title XII, §1204, as added Nov. 16, 1973,
A prior section 1202 of act July 1, 1944, was classified to
Another prior section 1202 of act July 1, 1944, was classified to
Another prior section 1202 of act July 1, 1944, was classified to
Amendments
2007—
1998—
1993—Subsec. (c).
Effective Date of 1998 Amendment
Amendment by
§300d–4. Emergency medical services
(a) 1 Federal Interagency Committee on Emergency Medical Services
(1) Establishment
The Secretary of Transportation, the Secretary of Health and Human Services, and the Secretary of Homeland Security, acting through the Under Secretary for Emergency Preparedness and Response, shall establish a Federal Interagency Committee on Emergency Medical Services.
(2) Membership
The Interagency Committee shall consist of the following officials, or their designees:
(A) The Administrator, National Highway Traffic Safety Administration.
(B) The Director, Preparedness Division, Directorate of Emergency Preparedness and Response of the Department of Homeland Security.
(C) The Administrator, Health Resources and Services Administration, Department of Health and Human Services.
(D) The Director, Centers for Disease Control and Prevention, Department of Health and Human Services.
(E) The Administrator, United States Fire Administration, Directorate of Emergency Preparedness and Response of the Department of Homeland Security.
(F) The Administrator, Centers for Medicare and Medicaid Services, Department of Health and Human Services.
(G) The Under Secretary of Defense for Personnel and Readiness.
(H) The Director, Indian Health Service, Department of Health and Human Services.
(I) The Chief, Wireless Telecommunications Bureau, Federal Communications Commission.
(J) A representative of any other Federal agency appointed by the Secretary of Transportation or the Secretary of Homeland Security through the Under Secretary for Emergency Preparedness and Response, in consultation with the Secretary of Health and Human Services, as having a significant role in relation to the purposes of the Interagency Committee.
(K) A State emergency medical services director appointed by the Secretary.
(3) Purposes
The purposes of the Interagency Committee are as follows:
(A) To ensure coordination among the Federal agencies involved with State, local, tribal, or regional emergency medical services and 9–1–1 systems.
(B) To identify State, local, tribal, or regional emergency medical services and 9–1–1 needs.
(C) To recommend new or expanded programs, including grant programs, for improving State, local, tribal, or regional emergency medical services and implementing improved emergency medical services communications technologies, including wireless 9–1–1.
(D) To identify ways to streamline the process through which Federal agencies support State, local, tribal or regional emergency medical services.
(E) To assist State, local, tribal or regional emergency medical services in setting priorities based on identified needs.
(F) To advise, consult, and make recommendations on matters relating to the implementation of the coordinated State emergency medical services programs.
(4) Administration
The Administrator of the National Highway Traffic Safety Administration, in cooperation with the Administrator of the Health Resources and Services Administration of the Department of Health and Human Services and the Director of the Preparedness Division, Directorate of Emergency Preparedness and Response of the Department of Homeland Security, shall provide administrative support to the Interagency Committee, including scheduling meetings, setting agendas, keeping minutes and records, and producing reports.
(5) Leadership
The members of the Interagency Committee shall select a chairperson of the Committee each year.
(6) Meetings
The Interagency Committee shall meet as frequently as is determined necessary by the chairperson of the Committee.
(7) Annual reports
The Interagency Committee shall prepare an annual report to Congress regarding the Committee's activities, actions, and recommendations.
(
Codification
Section was enacted as part of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEA–LU, and not as part of the Public Health Service Act which comprises this chapter.
Prior Provisions
A prior section 300d–4, act July 1, 1944, ch. 373, title XII, §1201, formerly §1205, as added Nov. 16, 1973,
1 So in original. No subsec. (b) has been enacted.
§300d–5. Competitive grants for the improvement of trauma care
(a) In general
The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to States, political subdivisions, or consortia of States or political subdivisions for the purpose of improving access to and enhancing the development of trauma care systems.
(b) Use of funds
The Secretary may make a grant under this section only if the applicant agrees to use the grant—
(1) to integrate and broaden the reach of a trauma care system, such as by developing innovative protocols to increase access to prehospital care;
(2) to strengthen, develop, and improve an existing trauma care system;
(3) to expand communications between the trauma care system and emergency medical services through improved equipment or a telemedicine system;
(4) to improve data collection and retention; or
(5) to increase education, training, and technical assistance opportunities, such as training and continuing education in the management of emergency medical services accessible to emergency medical personnel in rural areas through telehealth, home studies, and other methods.
(c) Preference
In selecting among States, political subdivisions, and consortia of States or political subdivisions for purposes of making grants under this section, the Secretary shall give preference to applicants that—
(1) have developed a process, using national standards, for designating trauma centers;
(2) recognize protocols for the delivery of seriously injured patients to trauma centers;
(3) implement a process for evaluating the performance of the trauma system; and
(4) agree to participate in information systems described in
(d) Priority
In making grants under this section, the Secretary shall give priority to applicants that will use the grants to focus on improving access to trauma care systems.
(e) Special consideration
In awarding grants under this section, the Secretary shall give special consideration to projects that demonstrate strong State or local support, including availability of non-Federal contributions.
(July 1, 1944, ch. 373, title XII, §1203, as added
Prior Provisions
A prior section 300d–5, act July 1, 1944, ch. 373, title XII, §1206, as added Nov. 16, 1973,
A prior section 1203 of act July 1, 1994, was renumbered section 1202 and is classified to
Another prior section 1203 of act July 1, 1994, was renumbered section 1202 and was classified to
A prior section 300d–6, act July 1, 1944, ch. 373, title XII, §1202, formerly §1207, as added Nov. 16, 1973,
Prior sections 300d–7 to 300d–9 were repealed by
Section 300d–7, act July 1, 1944, ch. 373, title XII, §1208, as added Nov. 16, 1973,
Section 300d–8, act July 1, 1944, ch. 373, title XII, §1209, as added Nov. 16, 1973,
Section 300d–9, act July 1, 1944, ch. 373, title XII, §1210, as added Nov. 16, 1973,
Part B—Formula Grants With Respect to Modifications of State Plans
§300d–11. Establishment of program
(a) Requirement of allotments for States
The Secretary shall for each fiscal year make an allotment for each State in an amount determined in accordance with
(b) Purpose
Except as provided in section 300d–33 1 of this title, the Secretary may not make payments under this part for a fiscal year unless the State involved agrees that, with respect to the trauma care component of the State plan for the provision of emergency medical services, the payments will be expended only for the purpose of developing, implementing, and monitoring the modifications to such component described in
(July 1, 1944, ch. 373, title XII, §1211, as added
References in Text
1 See References in Text note below.
§300d–12. Requirement of matching funds for fiscal years subsequent to first fiscal year of payments
(a) Non-Federal contributions
(1) In general
The Secretary may not make payments under
(A) for the second and third fiscal years of such payments to the State, is not less than $1 for each $1 of Federal funds provided in such payments for such fiscal years; and
(B) for the fourth and subsequent fiscal years of such payments to the State, is not less than $2 for each $1 of Federal funds provided in such payments for such fiscal years.
(2) Program costs
The costs referred to in paragraph (1) are—
(A) the costs to be incurred by the State in carrying out the purpose described in
(B) the costs of improving the quality and availability of emergency medical services in rural areas of the State.
(3) Initial year of payments
The Secretary may not require a State to make non-Federal contributions as a condition of receiving payments under
(b) Determination of amount of non-Federal contribution
With respect to compliance with subsection (a) as a condition of receiving payments under
(1) a State may make the non-Federal contributions required in such subsection in cash or in kind, fairly evaluated, including plant, equipment, or services; and
(2) the Secretary may not, in making a determination of the amount of non-Federal contributions, include amounts provided by the Federal Government or services assisted or subsidized to any significant extent by the Federal Government.
(July 1, 1944, ch. 373, title XII, §1212, as added
Amendments
2007—
1993—Subsec. (a)(2)(A).
§300d–13. Requirements with respect to carrying out purpose of allotments
(a) Trauma care modifications to State plan for emergency medical services
With respect to the trauma care component of a State plan for the provision of emergency medical services, the modifications referred to in
(1) specifies that the modifications required pursuant to paragraphs (2) through (11) will be implemented by the principal State agency with respect to emergency medical services or by the designee of such agency;
(2) specifies a public or private entity that will designate trauma care regions and trauma centers in the State;
(3) subject to subsection (b), contains national standards and requirements of the American College of Surgeons or another appropriate entity for the designation of level I and level II trauma centers, and in the case of rural areas level III trauma centers (including trauma centers with specified capabilities and expertise in the care of pediatric trauma patients), by such entity, including standards and requirements for—
(A) the number and types of trauma patients for whom such centers must provide care in order to ensure that such centers will have sufficient experience and expertise to be able to provide quality care for victims of injury;
(B) the resources and equipment needed by such centers; and
(C) the availability of rehabilitation services for trauma patients;
(4) contains standards and requirements for the implementation of regional trauma care systems, including standards and guidelines (consistent with the provisions of
(5) subject to subsection (b), contains national standards and requirements, including those of the American Academy of Pediatrics and the American College of Emergency Physicians, for medically directed triage and transport of severely injured children to designated trauma centers with specified capabilities and expertise in the care of pediatric trauma patients;
(6) utilizes a program with procedures for the evaluation of designated trauma centers (including trauma centers described in paragraph (5)) and trauma care systems;
(7) provides for the establishment and collection of data in accordance with data collection requirements developed in consultation with surgical, medical, and nursing specialty groups, State and local emergency medical services directors, and other trained professionals in trauma care, from each designated trauma center in the State of a central data reporting and analysis system—
(A) to identify the number of severely injured trauma patients and the number of deaths from trauma within trauma care systems in the State;
(B) to identify the cause of the injury and any factors contributing to the injury;
(C) to identify the nature and severity of the injury;
(D) to monitor trauma patient care (including prehospital care) in each designated trauma center within regional trauma care systems in the State (including relevant emergency-department discharges and rehabilitation information) for the purpose of evaluating the diagnosis, treatment, and treatment outcome of such trauma patients;
(E) to identify the total amount of uncompensated trauma care expenditures for each fiscal year by each designated trauma center in the State; and
(F) to identify patients transferred within a regional trauma system, including reasons for such transfer and the outcomes of such patients;
(8) provides for the use of procedures by paramedics and emergency medical technicians to assess the severity of the injuries incurred by trauma patients;
(9) provides for appropriate transportation and transfer policies to ensure the delivery of patients to designated trauma centers and other facilities within and outside of the jurisdiction of such system, including policies to ensure that only individuals appropriately identified as trauma patients are transferred to designated trauma centers, and to provide periodic reviews of the transfers and the auditing of such transfers that are determined to be appropriate;
(10) conducts public education activities concerning injury prevention and obtaining access to trauma care;
(11) coordinates planning for trauma systems with State disaster emergency planning and bioterrorism hospital preparedness planning; and
(12) with respect to the requirements established in this subsection, provides for coordination and cooperation between the State and any other State with which the State shares any standard metropolitan statistical area.
(b) Certain standards with respect to trauma care centers and systems
(1) In general
The Secretary may not make payments under
(A) take into account national standards that outline resources for optimal care of injured patients;
(B) consult with medical, surgical, and nursing speciality groups, hospital associations, emergency medical services State and local directors, concerned advocates, and other interested parties;
(C) conduct hearings on the proposed standards after providing adequate notice to the public concerning such hearing; and
(D) beginning in fiscal year 2008, take into account the model plan described in subsection (c).
(2) Quality of trauma care
The highest quality of trauma care shall be the primary goal of State standards adopted under this subsection.
(3) Approval by the Secretary
The Secretary may not make payments under
(A) in the case of payments for fiscal year 2008 and subsequent fiscal years, the State has not taken into account national standards, including those of the American College of Surgeons, the American College of Emergency Physicians, and the American Academy of Pediatrics, in adopting standards under this subsection; or
(B) in the case of payments for fiscal year 2008 and subsequent fiscal years, the State has not, in adopting such standards, taken into account the model plan developed under subsection (c).
(c) Model trauma care plan
(1) In general
Not later than 1 year after May 3, 2007, the Secretary shall update the model plan for the designation of trauma centers and for triage, transfer, and transportation policies that may be adopted for guidance by the State. Such plan shall—
(A) take into account national standards, including those of the American College of Surgeons, American College of Emergency Physicians, and the American Academy of Pediatrics;
(B) take into account existing State plans;
(C) be developed in consultation with medical, surgical, and nursing speciality groups, hospital associations, emergency medical services State directors and associations, and other interested parties; and
(D) include standards for the designation of rural health facilities and hospitals best able to receive, stabilize, and transfer trauma patients to the nearest appropriate designated trauma center, and for triage, transfer, and transportation policies as they relate to rural areas.
(2) Applicability
Standards described in paragraph (1)(D) shall be applicable to all rural areas in the State, including both non-metropolitan areas and frontier areas that have populations of less than 6,000 per square mile.
(d) Rule of construction with respect to number of designated trauma centers
With respect to compliance with subsection (a) as a condition of the receipt of a grant under
(July 1, 1944, ch. 373, title XII, §1213, as added
Amendments
2007—
1998—Subsec. (a)(8).
1993—Subsec. (a)(4).
Subsec. (a)(8), (9).
Subsec. (a)(10).
Effective Date of 1998 Amendment
Amendment by
§300d–14. Requirement of submission to Secretary of trauma plan and certain information
(a) In general
For each fiscal year, the Secretary may not make payments to a State under
(b) Interim plan or description of efforts
For each fiscal year, if a State has not completed the trauma care component of the State plan described in subsection (a), the State may provide, in lieu of such completed component, an interim component or a description of efforts made toward the completion of the component.
(c) Information received by State reporting and analysis system
The Secretary may not make payments to a State under
(d) Availability of emergency medical services in rural areas
The Secretary may not make payments to a State under
(1) the State identifies any rural area in the State for which—
(A) there is no system of access to emergency medical services through the telephone number 911;
(B) there is no basic life-support system; or
(C) there is no advanced life-support system; and
(2) the State submits to the Secretary a list of rural areas identified pursuant to paragraph (1) or, if there are no such areas, a statement that there are no such areas.
(July 1, 1944, ch. 373, title XII, §1214, as added
Amendments
2007—
§300d–15. Restrictions on use of payments
(a) In general
The Secretary may not, except as provided in subsection (b), make payments under
(1) for any purpose other than developing, implementing, and monitoring the modifications required by
(2) to make cash payments to intended recipients of services provided pursuant to this section;
(3) to purchase or improve real property (other than minor remodeling of existing improvements to real property);
(4) to satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds; or
(5) to provide financial assistance to any entity other than a public or nonprofit private entity.
(b) Waiver
The Secretary may waive a restriction under subsection (a) only if the Secretary determines that the activities outlined by the State plan submitted under
(July 1, 1944, ch. 373, title XII, §1215, as added
Amendments
2007—
§300d–16. Repealed. Pub. L. 110–23, §10, May 3, 2007, 121 Stat. 97
Section, act July 1, 1944, ch. 373, title XII, §1216, as added
§300d–17. Requirement of submission of application containing certain agreements and assurances
The Secretary may not make payments under
(1) the State submits to the Secretary an application for the payments containing agreements in accordance with this part;
(2) the agreements are made through certification from the chief executive officer of the State;
(3) with respect to such agreements, the application provides assurances of compliance satisfactory to the Secretary;
(4) the application contains the plan provisions and the information required to be submitted to the Secretary pursuant to
(5) 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 part.
(July 1, 1944, ch. 373, title XII, §1217, as added
§300d–18. Determination of amount of allotment
(a) Minimum allotment
Subject to the extent of amounts made available in appropriations Acts, the amount of an allotment under
(1) the amount determined under subsection (b)(1) of this section; and
(2) $250,000 in the case of each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, and $50,000 in the case of each of the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(b) Determination under formula
(1) In general
The amount referred to in subsection (a)(1) of this section for a State for a fiscal year is the sum of—
(A) an amount determined under paragraph (2); and
(B) an amount determined under paragraph (3).
(2) Amount relating to population
The amount referred to in subparagraph (A) of paragraph (1) for a State for a fiscal year is the product of—
(A) an amount equal to 80 percent of the amounts appropriated under
(B) a percentage equal to the quotient of—
(i) an amount equal to the population of the State; divided by
(ii) an amount equal to the population of all States.
(3) Amount relating to square mileage
The amount referred to in subparagraph (B) of paragraph (1) for a State for a fiscal year is the product of—
(A) an amount equal to 20 percent of the amounts appropriated under
(B) a percentage equal to the quotient of—
(i) an amount equal to the lesser of 266,807 and the amount of the square mileage of the State; divided by
(ii) an amount equal to the sum of the respective amounts determined for the States under clause (i).
(c) Disposition of certain funds appropriated for allotments
(1) In general
Amounts described in paragraph (2) shall, in accordance with paragraph (3), be allotted by the Secretary to States receiving payments under
(2) Type of amounts
The amounts referred to in paragraph (1) are any amounts made available pursuant to 300d–32(b)(3) of this title that are not paid under
(A) the failure of the State to submit an application under
(B) the failure, in the determination of the Secretary, of the State to prepare within a reasonable period of time such application in compliance with such section; or
(C) the State informing the Secretary that the State does not intend to expend the full amount of the allotment made for the State.
(3) Amount
The amount of an allotment under paragraph (1) for a State for a fiscal year shall be an amount equal to the product of—
(A) an amount equal to the amount described in paragraph (2) for the fiscal year involved; and
(B) the percentage determined under subsection (b)(2) of this section for the State.
(July 1, 1944, ch. 373, title XII, §1218, as added
§300d–19. Failure to comply with agreements
(a) Repayment of payments
(1) Requirement
The Secretary may, in accordance with subsection (b) of this section, require a State to repay any payments received by the State pursuant to
(2) Offset of amounts
If a State fails to make a repayment required in paragraph (1), the Secretary may offset the amount of the repayment against any amount due to be paid to the State under
(b) Opportunity for hearing
Before requiring repayment of payments under subsection (a)(1) of this section, the Secretary shall provide to the State an opportunity for a hearing.
(July 1, 1944, ch. 373, title XII, §1219, as added
§300d–20. Prohibition against certain false statements
(a) In general
(1) False statements or representations
A person may not knowingly and willfully make or cause to be made any false statement or representation of a material fact in connection with the furnishing of items or services for which payments may be made by a State from amounts paid to the State under
(2) Concealing or failing to disclose information
A person with knowledge of the occurrence of any event affecting the right of the person to receive any payments from amounts paid to the State under
(b) Criminal penalty for violation of prohibition
Any person who violates a prohibition established in subsection (a) of this section may for each violation be fined in accordance with title 18, or imprisoned for not more than 5 years, or both.
(July 1, 1944, ch. 373, title XII, §1220, as added
§300d–21. Technical assistance and provision by Secretary of supplies and services in lieu of grant funds
(a) Technical assistance
The Secretary shall, without charge to a State receiving payments under
(b) Provision by Secretary of supplies and services in lieu of grant funds
(1) In general
Upon the request of a State receiving payments under
(2) Reduction in payments
With respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments to the State under
(July 1, 1944, ch. 373, title XII, §1221, as added
Prior Provisions
A prior section 300d–21, act July 1, 1944, ch. 373, title XII, §1221, as added Oct. 21, 1976,
§300d–22. Report by Secretary
Not later than October 1, 2008, the Secretary shall report to the appropriate committees of Congress on the activities of the States carried out pursuant to
(July 1, 1944, ch. 373, title XII, §1222, as added
Amendments
2007—
1993—
Part C—General Provisions Regarding Parts A and B
§300d–31. Definitions
For purposes of this part and parts A and B of this subchapter:
(1) Designated trauma center
The term "designated trauma center" means a trauma center designated in accordance with the modifications to the State plan described in
(2) State plan regarding emergency medical services
The term "State plan", with respect to the provision of emergency medical services, means a plan for a comprehensive, organized system to provide for the access, response, triage, field stabilization, transport, hospital stabilization, definitive care, and rehabilitation of patients of all ages with respect to emergency medical services.
(3) State
The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(4) Trauma
The term "trauma" means an injury resulting from exposure to a mechanical force.
(5) Trauma care component of State plan
The term "trauma care component", with respect to components of the State plan for the provision of emergency medical services, means a plan for a comprehensive health care system, within rural and urban areas of the State, for the prompt recognition, prehospital care, emergency medical care, acute surgical and medical care, rehabilitation, and outcome evaluation of seriously injured patients.
(July 1, 1944, ch. 373, title XII, §1231, as added
Amendments
1993—Par. (3).
1992—
Effective Date of 1992 Amendment
Amendment by
§300d–32. Funding
(a) Authorization of appropriations
For the purpose of carrying out parts A and B, subject to subsections (b) and (c), there are authorized to be appropriated $12,000,000 for fiscal year 2008, $10,000,000 for fiscal year 2009, and $8,000,000 for each of the fiscal years 2010 through 2012.
(b) Reservation of funds
If the amount appropriated under subsection (a) for a fiscal year is equal to or less than $1,000,000, such appropriation is available only for the purpose of carrying out part A. If the amount so appropriated is greater than $1,000,000, 50 percent of such appropriation shall be made available for the purpose of carrying out part A and 50 percent shall be made available for the purpose of carrying out part B.
(c) Allocation of part A funds
Of the amounts appropriated under subsection (a) for a fiscal year to carry out part A—
(1) 10 percent of such amounts for such year shall be allocated for administrative purposes; and
(2) 10 percent of such amounts for such year shall be allocated for the purpose of carrying out
(July 1, 1944, ch. 373, title XII, §1232, as added
Amendments
2007—
1998—Subsec. (a).
1993—Subsec. (a).
1992—Subsec. (a).
Effective Date of 1998 Amendment
Amendment by section 401(a)(2) of
Effective Date of 1992 Amendment
Amendment by
§300d–33. Repealed. Pub. L. 103–183, title VI, §601(e), Dec. 14, 1993, 107 Stat. 2239
Section, act July 1, 1944, ch. 373, title XII, §1233, as added Nov. 16, 1990,
Part D—Trauma Centers Operating in Areas Severely Affected by Drug-Related Violence
§300d–41. Grants for certain trauma centers
(a) In general
The Secretary may make grants for the purpose of providing for the operating expenses of trauma centers that have incurred substantial uncompensated costs in providing trauma care in geographic areas with a significant incidence of violence arising directly or indirectly from illicit trafficking in drugs. Grants under this subsection may be made only to such trauma centers.
(b) Minimum qualifications of centers
(1) Significant incidence of treating certain patients
(A) The Secretary may not make a grant under subsection (a) of this section to a trauma center unless the population of patients that has been served by the center for the period specified in subparagraph (B) includes a significant number of patients who were treated for—
(i) trauma resulting from the penetration of the skin by knives, bullets, or any other implement that can be used as a weapon; or
(ii) trauma that the center reasonably believes results from violence arising directly or indirectly from illicit trafficking in drugs.
(B) The period specified in this subparagraph is the 2-year period preceding the fiscal year for which the trauma center involved is applying to receive a grant under subsection (a) of this section.
(2) Participation in trauma care system operating under certain professional guidelines
The Secretary may not make a grant under subsection (a) of this section unless the trauma center involved is a participant in a system that—
(A) provides comprehensive medical care to victims of trauma in the geographic area in which the trauma center is located;
(B) is established by the State or political subdivision in which such center is located; and
(C)(i) has adopted guidelines for the designation of trauma centers, and for triage, transfer, and transportation policies, equivalent to (or more protective than) the applicable guidelines developed by the American College of Surgeons or utilized in the model plan established under
(ii) agrees that such guidelines will be adopted by the system not later than 6 months after the date on which the trauma center submits to the Secretary the application for the grant.
(3) Submission and approval of long-term plan
The Secretary may not make a grant under subsection (a) of this section unless the trauma center involved—
(A) submits to the Secretary a plan satisfactory to the Secretary that—
(i) is developed on the assumption that the center will continue to incur substantial uncompensated costs in providing trauma care; and
(ii) provides for the long-term continued operation of the center with an acceptable standard of medical care, notwithstanding such uncompensated costs; and
(B) agrees to implement the plan according to a schedule approved by the Secretary.
(July 1, 1944, ch. 373, title XII, §1241, as added
Effective Date
Part effective July 10, 1992, with programs making awards providing financial assistance in fiscal year 1993 and subsequent years effective for awards made on or after Oct. 1, 1992, see section 801(b), (d)(1) of
§300d–42. Preferences in making grants
(a) In general
In making grants under
(1) made by a trauma center that, for the purpose specified in such section, will receive financial assistance from the State or political subdivision involved for each fiscal year during which payments are made to the center from the grant, which financial assistance is exclusive of any assistance provided by the State or political subdivision as a non-Federal contribution under any Federal program requiring such a contribution; or
(2) made by a trauma center that, with respect to the system described in
(A) is providing trauma care in a geographic area in which the availability of trauma care has significantly decreased as a result of a trauma center in the area permanently ceasing participation in such system as of a date occurring during the 2-year period specified in
(B) will, in providing trauma care during the 1-year period beginning on the date on which the application for the grant is submitted, incur uncompensated costs in an amount rendering the center unable to continue participation in such system, resulting in a significant decrease in the availability of trauma care in the geographic area.
(b) Further preference for certain applications
With respect to applications for grants under
(July 1, 1944, ch. 373, title XII, §1242, as added
§300d–43. Certain agreements
(a) Commitment regarding continued participation in trauma care system
The Secretary may not make a grant under subsection (a) of
(1) the center will continue participation in the system described in subsection (b) of such section throughout the 3-year period beginning on the date that the center first receives payments under the grant; and
(2) if the agreement made pursuant to paragraph (1) is violated by the center, the center will be liable to the United States for an amount equal to the sum of—
(A) the amount of assistance provided to the center under subsection (a) of such section; and
(B) an amount representing interest on the amount specified in subparagraph (A).
(b) Maintenance of financial support
With respect to activities for which a grant under
(c) Trauma care registry
The Secretary may not make a grant under
(1) the center will operate a registry of trauma cases in accordance with the applicable guidelines described in
(2) in carrying out paragraph (1), the center will maintain information on the number of trauma cases treated by the center and, for each such case, the extent to which the center incurs uncompensated costs in providing trauma care.
(July 1, 1944, ch. 373, title XII, §1243, as added
§300d–44. General provisions
(a) Application
The Secretary may not make a grant under
(b) Limitation on duration of support
The period during which a trauma center receives payments under
(c) Limitation on amount of grant
A grant under
(July 1, 1944, ch. 373, title XII, §1244, as added
§300d–45. Authorization of appropriations
For the purpose of carrying out this part, there are authorized to be appropriated $100,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 1994. Such authorization of appropriations is in addition to any other authorization of appropriations or amounts that are available for such purpose.
(July 1, 1944, ch. 373, title XII, §1245, as added
Part E—Miscellaneous Programs
§300d–51. Residency training programs in emergency medicine
(a) In general
The Secretary may make grants to public and nonprofit private entities for the purpose of planning and developing approved residency training programs in emergency medicine.
(b) Identification and referral of domestic violence
The Secretary may make a grant under subsection (a) only if the applicant involved agrees that the training programs under subsection (a) will provide education and training in identifying and referring cases of domestic violence.
(c) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $400,000 for each of the fiscal years 2008 though 2012.
(July 1, 1944, ch. 373, title XII, §1251, as added
Amendments
2007—
§300d–52. State grants for projects regarding traumatic brain injury
(a) In general
The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to States for the purpose of carrying out projects to improve access to health and other services regarding traumatic brain injury.
(b) State advisory board
(1) In general
The Secretary may make a grant under subsection (a) of this section only if the State involved agrees to establish an advisory board within the appropriate health department of the State or within another department as designated by the chief executive officer of the State.
(2) Functions
An advisory board established under paragraph (1) shall advise and make recommendations to the State on ways to improve services coordination regarding traumatic brain injury. Such advisory boards shall encourage citizen participation through the establishment of public hearings and other types of community outreach programs. In developing recommendations under this paragraph, such boards shall consult with Federal, State, and local governmental agencies and with citizens groups and other private entities.
(3) Composition
An advisory board established under paragraph (1) shall be composed of—
(A) representatives of—
(i) the corresponding State agencies involved;
(ii) public and nonprofit private health related organizations;
(iii) other disability advisory or planning groups within the State;
(iv) members of an organization or foundation representing individuals with traumatic brain injury in that State; and
(v) injury control programs at the State or local level if such programs exist; and
(B) a substantial number of individuals with traumatic brain injury, or the family members of such individuals.
(c) Matching funds
(1) In general
With respect to the costs to be incurred by a State in carrying out the purpose described in subsection (a) of this section, the Secretary may make a grant under such subsection only if the State agrees to make available non-Federal contributions toward such costs in an amount that is not less than $1 for each $2 of Federal funds provided under the grant.
(2) Determination of amount contributed
Non-Federal contributions under paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such contributions.
(d) Application for grant
The Secretary may make a grant under subsection (a) of this section only if an application for the grant is submitted to the Secretary and the application 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) Continuation of previously awarded demonstration projects
A State that received a grant under this section prior to October 17, 2000, may compete for new project grants under this section after October 17, 2000.
(f) Use of State grants
(1) Community services and supports
A State shall (directly or through awards of contracts to nonprofit private entities) use amounts received under a grant under this section for the following:
(A) To develop, change, or enhance community-based service delivery systems that include timely access to comprehensive appropriate services and supports. Such service and supports—
(i) shall promote full participation by individuals with brain injury and their families in decision making regarding the services and supports; and
(ii) shall be designed for children and other individuals with traumatic brain injury.
(B) To focus on outreach to underserved and inappropriately served individuals, such as individuals in institutional settings, individuals with low socioeconomic resources, individuals in rural communities, and individuals in culturally and linguistically diverse communities.
(C) To award contracts to nonprofit entities for consumer or family service access training, consumer support, peer mentoring, and parent to parent programs.
(D) To develop individual and family service coordination or case management systems.
(E) To support other needs identified by the advisory board under subsection (b) of this section for the State involved.
(2) Best practices
(A) In general
State services and supports provided under a grant under this section shall reflect the best practices in the field of traumatic brain injury, shall be in compliance with title II of the Americans with Disabilities Act of 1990 [
(B) Demonstration by State agency
The State agency responsible for administering amounts received under a grant under this section shall demonstrate that it has obtained knowledge and expertise of traumatic brain injury and the unique needs associated with traumatic brain injury.
(3) State capacity building
A State may use amounts received under a grant under this section to—
(A) educate consumers and families;
(B) train professionals in public and private sector financing (such as third party payers, State agencies, community-based providers, schools, and educators);
(C) develop or improve case management or service coordination systems;
(D) develop best practices in areas such as family or consumer support, return to work, housing or supportive living personal assistance services, assistive technology and devices, behavioral health services, substance abuse services, and traumatic brain injury treatment and rehabilitation;
(E) tailor existing State systems to provide accommodations to the needs of individuals with brain injury (including systems administered by the State departments responsible for health, mental health, labor/employment, education, mental retardation/developmental disorders, transportation, and correctional systems);
(F) improve data sets coordinated across systems and other needs identified by a State plan supported by its advisory council; and
(G) develop capacity within targeted communities.
(g) Coordination of activities
The Secretary shall ensure that activities under this section are coordinated as appropriate with other Federal agencies that carry out activities regarding traumatic brain injury.
(h) Report
Not later than 2 years after July 29, 1996, the Secretary shall submit to the Committee on Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the findings and results of the programs established under this section, including measures of outcomes and consumer and surrogate satisfaction.
(i) "Traumatic brain injury" defined
For purposes of this 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.
(j) 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.
(July 1, 1944, ch. 373, title XII, §1252, as added
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (f)(2)(A), is
Amendments
2007—
2000—
Subsec. (a).
Subsec. (b)(3)(A)(iv).
Subsec. (b)(3)(B).
Subsec. (c)(1).
Subsec. (c)(2).
Subsecs. (e), (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Change of Name
Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
§300d–53. State grants for protection and advocacy services
(a) In general
The Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the "Administrator"), shall make grants to protection and advocacy systems for the purpose of enabling such systems to provide services to individuals with traumatic brain injury.
(b) Services provided
Services provided under this section may include the provision of—
(1) information, referrals, and advice;
(2) individual and family advocacy;
(3) legal representation; and
(4) specific assistance in self-advocacy.
(c) Application
To be eligible to receive a grant under this section, a protection and advocacy system shall submit an application to the Administrator at such time, in such form and manner, and accompanied by such information and assurances as the Administrator may require.
(d) Appropriations less than $2,700,000
(1) In general
With respect to any fiscal year in which the amount appropriated under subsection (i) of this section to carry out this section is less than $2,700,000, the Administrator shall make grants from such amount to individual protection and advocacy systems within States to enable such systems to plan for, develop outreach strategies for, and carry out services authorized under this section for individuals with traumatic brain injury.
(2) Amount
The amount of each grant provided under paragraph (1) shall be determined as set forth in paragraphs (2) and (3) of subsection (e) of this section.
(e) Appropriations of $2,700,000 or more
(1) Population basis
Except as provided in paragraph (2), with respect to each fiscal year in which the amount appropriated under subsection (i) of this section to carry out this section is $2,700,000 or more, the Administrator shall make a grant to a protection and advocacy system within each State.
(2) Amount
The amount of a grant provided to a system under paragraph (1) shall be equal to an amount bearing the same ratio to the total amount appropriated for the fiscal year involved under subsection (i) of this section as the population of the State in which the grantee is located bears to the population of all States.
(3) Minimums
Subject to the availability of appropriations, the amount of a grant 1 a protection and advocacy system under paragraph (1) for a fiscal year shall—
(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, and the protection and advocacy system serving the American Indian consortium, not be less than $20,000; and
(B) in the case of a protection and advocacy system in a State not described in subparagraph (A), not be less than $50,000.
(4) Inflation adjustment
For each fiscal year in which the total amount appropriated under subsection (i) of this section to carry out this section is $5,000,000 or more, and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Administrator shall increase each of the minimum grants amount described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under subsection (i) of this section to carry out this section between the preceding fiscal year and the fiscal year involved.
(f) Carryover
Any amount paid to a protection and advocacy system that serves a State or the American Indian consortium for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the next fiscal year for the purposes for which such amount was originally provided.
(g) Direct payment
Notwithstanding any other provision of law, the Administrator shall pay directly to any protection and advocacy system that complies with the provisions of this section, the total amount of the grant for such system, unless the system provides otherwise for such payment.
(h) Annual report
Each protection and advocacy system that receives a payment under this section shall submit an annual report to the Administrator concerning the services provided to individuals with traumatic brain injury by such system.
(i) Authorization of appropriations
There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2001, and such sums as may be necessary for each 2 the fiscal years 2002 through 2005.
(j) Definitions
In this section:
(1) American Indian consortium
The term "American Indian consortium" means a consortium established under part C of the Developmental Disabilities Assistance Bill of Rights Act (
(2) Protection and advocacy system
The term "protection and advocacy system" means a protection and advocacy system established under part C of the Developmental Disabilities Assistance and Bill of Rights Act (
(3) State
The term "State", unless otherwise specified, means the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(July 1, 1944, ch. 373, title XII, §1253, as added
References in Text
The Developmental Disabilities Assistance and Bill of Rights Act, referred to in subsec. (j)(1), (2), is title I of
1 So in original. Probably should be followed by "to".
2 So in original. Probably should be followed by "of".
3 See References in Text note below.
Part F—Interagency Program for Trauma Research
§300d–61. Establishment of Program
(a) In general
The Secretary, acting through the Director of the National Institutes of Health (in this section referred to as the "Director"), shall establish a comprehensive program of conducting basic and clinical research on trauma (in this section referred to as the "Program"). The Program shall include research regarding the diagnosis, treatment, rehabilitation, and general management of trauma.
(b) Plan for Program
(1) In general
The Director, in consultation with the Trauma Research Interagency Coordinating Committee established under subsection (g) of this section, shall establish and implement a plan for carrying out the activities of the Program, including the activities described in subsection (d) of this section. All such activities shall be carried out in accordance with the plan. The plan shall be periodically reviewed, and revised as appropriate.
(2) Submission to Congress
Not later than December 1, 1993, the Director shall submit the plan required in paragraph (1) to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, together with an estimate of the funds needed for each of the fiscal years 1994 through 1996 to implement the plan.
(c) Participating agencies; coordination and collaboration
The Director—
(1) shall provide for the conduct of activities under the Program by the Directors of the agencies of the National Institutes of Health involved in research with respect to trauma;
(2) shall ensure that the activities of the Program are coordinated among such agencies; and
(3) shall, as appropriate, provide for collaboration among such agencies in carrying out such activities.
(d) Certain activities of Program
The Program shall include—
(1) studies with respect to all phases of trauma care, including prehospital, resuscitation, surgical intervention, critical care, infection control, wound healing, nutritional care and support, and medical rehabilitation care;
(2) basic and clinical research regarding the response of the body to trauma and the acute treatment and medical rehabilitation of individuals who are the victims of trauma;
(3) basic and clinical research regarding trauma care for pediatric and geriatric patients; and
(4) the authority to make awards of grants or contracts to public or nonprofit private entities for the conduct of basic and applied research regarding traumatic brain injury, which research may include—
(A) the development of new methods and modalities for the more effective diagnosis, measurement of degree of brain injury, post-injury monitoring and prognostic assessment of head injury for acute, subacute and later phases of care;
(B) the development, modification and evaluation of therapies that retard, prevent or reverse brain damage after acute head injury, that arrest further deterioration following injury and that provide the restitution of function for individuals with long-term injuries;
(C) the development of research on a continuum of care from acute care through rehabilitation, designed, to the extent practicable, to integrate rehabilitation and long-term outcome evaluation with acute care research;
(D) the development of programs that increase the participation of academic centers of excellence in head brain 1 injury treatment and rehabilitation research and training; and
(E) carrying out subparagraphs (A) through (D) with respect to cognitive disorders and neurobehavioral consequences arising from traumatic brain injury, including the development, modification, and evaluation of therapies and programs of rehabilitation toward reaching or restoring normal capabilities in areas such as reading, comprehension, speech, reasoning, and deduction.
(e) Mechanisms of support
In carrying out the Program, the Director, acting through the Directors of the agencies referred to in subsection (c)(1) of this section, may make grants to public and nonprofit entities, including designated trauma centers.
(f) Resources
The Director shall assure the availability of appropriate resources to carry out the Program, including the plan established under subsection (b) of this section (including the activities described in subsection (d) of this section).
(g) Coordinating Committee
(1) In general
There shall be established a Trauma Research Interagency Coordinating Committee (in this section referred to as the "Coordinating Committee").
(2) Duties
The Coordinating Committee shall make recommendations regarding—
(A) the activities of the Program to be carried out by each of the agencies represented on the Committee and the amount of funds needed by each of the agencies for such activities; and
(B) effective collaboration among the agencies in carrying out the activities.
(3) Composition
The Coordinating Committee shall be composed of the Directors of each of the agencies that, under subsection (c) of this section, have responsibilities under the Program, and any other individuals who are practitioners in the trauma field as designated by the Director of the National Institutes of Health.
(h) Definitions
For purposes of this section:
(1) The term "designated trauma center" has the meaning given such term in
(2) The term "Director" means the Director of the National Institutes of Health.
(3) The term "trauma" means any serious injury that could result in loss of life or in significant disability and that would meet pre-hospital triage criteria for transport to a designated trauma center.
(4) 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.
(i) 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.
(July 1, 1944, ch. 373, title XII, §1261, as added
Amendments
2000—Subsec. (d)(4)(A).
Subsec. (d)(4)(B).
Subsec. (d)(4)(C).
Subsec. (d)(4)(D).
Subsec. (d)(4)(E).
Subsec. (h)(4).
Subsec. (i).
1996—Subsec. (d)(4).
Subsec. (h)(4).
Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Traumatic Brain Injury Study; Consensus Conference
Part G—Poison Control
§300d–71. Maintenance of a national toll-free number
(a) In general
The Secretary shall provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers.
(b) Rule of construction
Nothing in this section shall be construed as prohibiting the establishment or continued operation of any privately funded nationwide toll-free phone number used to provide advice and other assistance for poisonings or accidental exposures.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $2,000,000 for each of the fiscal years 2000 through 2009. Funds appropriated under this subsection shall not be used to fund any toll-free phone number described in subsection (b) of this section.
(July 1, 1944, ch. 373, title XII, §1271, as added
Findings
"(1) Poison control centers are our Nation's primary defense against injury and deaths from poisoning. Twenty-four hours a day, the general public as well as health care practitioners contact their local poison centers for help in diagnosing and treating victims of poisoning and other toxic exposures.
"(2) Poisoning is the third most common form of unintentional death in the United States. In any given year, there will be between 2,000,000 and 4,000,000 poison exposures. More than 50 percent of these exposures will involve children under the age of 6 who are exposed to toxic substances in their home. Poisoning accounts for 285,000 hospitalizations, 1,200,000 days of acute hospital care, and 13,000 fatalities annually.
"(3) Stabilizing the funding structure and increasing accessibility to poison control centers will promote the utilization of poison control centers, and reduce the inappropriate use of emergency medical services and other more costly health care services.
"(4) The tragic events of September 11, 2001, and the anthrax cases of October 2001, have dramatically changed our Nation. During this time period, poison centers in many areas of the country were answering thousands of additional calls from concerned residents. Many poison centers were relied upon as a source for accurate medical information about the disease and the complications resulting from prophylactic antibiotic therapy.
"(5) The 2001 Presidential Task Force on Citizen Preparedness in the War on Terrorism recommended that the Poison Control Centers be used as a source of public information and public education regarding potential biological, chemical, and nuclear domestic terrorism.
"(6) The increased demand placed upon poison centers to provide emergency information in the event of a terrorist event involving a biological, chemical, or nuclear toxin will dramatically increase call volume."
§300d–72. Nationwide media campaign to promote poison control center utilization
(a) In general
The Secretary shall establish a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number established under
(b) Contract with entity
The Secretary may carry out subsection (a) of this section by entering into contracts with one or more nationally recognized media firms for the development and distribution of monthly television, radio, and newspaper public service announcements.
(c) Evaluation
The Secretary shall—
(1) establish baseline measures and benchmarks to quantitatively evaluate the impact of the nationwide media campaign established under this section; and
(2) prepare and submit to the appropriate congressional committees an evaluation of the nationwide media campaign on an annual basis.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section $600,000 for each of fiscal years 2000 through 2005 and such sums as may be necessary for each of fiscal years 2006 through 2009.
(July 1, 1944, ch. 373, title XII, §1272, as added
§300d–73. Maintenance of the poison control center grant program
(a) Regional poison control centers
The Secretary shall award grants to certified regional poison control centers for the purposes of achieving the financial stability of such centers, and for preventing and providing treatment recommendations for poisonings.
(b) Other improvements
The Secretary shall also use amounts received under this section to—
(1) develop standardized poison prevention and poison control promotion programs;
(2) develop standard patient management guidelines for commonly encountered toxic exposures;
(3) improve and expand the poison control data collection systems, including, at the Secretary's discretion, by assisting the poison control centers to improve data collection activities;
(4) improve national toxic exposure surveillance by enhancing activities at the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry;
(5) expand the toxicologic expertise within poison control centers; and
(6) improve the capacity of poison control centers to answer high volumes of calls during times of national crisis.
(c) Certification
Except as provided in subsection (d) of this section, the Secretary may make a grant to a center under subsection (a) of this section only if—
(1) the center has been certified by a professional organization in the field of poison control, and the Secretary has approved the organization as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning; or
(2) the center has been certified by a State government, and the Secretary has approved the State government as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning.
(d) Waiver of certification requirements
(1) In general
The Secretary may grant a waiver of the certification requirement of subsection (c) of this section with respect to a noncertified poison control center or a newly established center that applies for a grant under this section if such center can reasonably demonstrate that the center will obtain such a certification within a reasonable period of time as determined appropriate by the Secretary.
(2) Renewal
The Secretary may renew a waiver under paragraph (1).
(3) Limitation
In no instance may the sum of the number of years for a waiver under paragraph (1) and a renewal under paragraph (2) exceed 5 years. The preceding sentence shall take effect as if enacted on February 25, 2000.
(e) Supplement not supplant
Amounts made available to a poison control center under this section shall be used to supplement and not supplant other Federal, State, or local funds provided for such center.
(f) Maintenance of effort
A poison control center, in utilizing the proceeds of a grant under this section, shall maintain the expenditures of the center for activities of the center at a level that is not less than the level of such expenditures maintained by the center for the fiscal year preceding the fiscal year for which the grant is received.
(g) Matching requirement
The Secretary may impose a matching requirement with respect to amounts provided under a grant under this section if the Secretary determines appropriate.
(h) Authorization of appropriations
There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2000 through 2004 and $27,500,000 for each of fiscal years 2005 through 2009.
(July 1, 1944, ch. 373, title XII, §1273, as added
§300d–74. Rule of construction
Nothing in this part may be construed to ease any restriction in Federal law applicable to the amount or percentage of funds appropriated to carry out this part that may be used to prepare or submit a report.
(July 1, 1944, ch. 373, title XII, §1274, as added