Imágenes de páginas
PDF
EPUB

DEPOSITED BY THE UNITED STATES OF AMERICA

FOREWORD The principal enabling statutes, as amended, and the regulations of the Public Health Service have been brought together in five divisible parts consisting of the Public Health Service Act, Title VIII of Public Law 410 (78th Congress), the Federal Water Pollution Control Act, such related miscellaneous provisions of other statutes as are not part of these, and the Public Health Service Regula tions.

RA

il .A3 1957

The Public Health Service Act was enacted as a part (Titles I to V inclusive) of the Act of July 1, 1944, entitled "An Act to consolidate and revise the laws relating to the Public Health Service, and for other purposes" (Public Law 410, 78th Congress; 58 Stat. 682). The present Title VI was added in 1946 by the Hospital Survey and Construction Act which also redesignated the former Title VI of the Act of July 1, 1944 as Title VII. Title VII was redesignated Title VIII by PL 835, 84th Congress and a new Title VII has been added to be known as the “Health Research Facilities Act of 1956."

The Water Pollution Control Act of 1948 (PL 845, 80th Congress 62 Stat. 1155) was replaced by the Federal Water Pollution Control Act of 1956 (PL 660, 84th Congress 70 Stat. 498) which provides for an increased research program, a more effective enforcement program, and provides for Federal grants for research, administration of state programs and construction of public works.

Reorganization Plan No. 1, 1953 (67 Stat. 631), transferred the Public Health Service to the Department of Health, Education, and Welfare, abolished the Federal Security Agency and the Office of Federal Security Administrator, and transferred all functions of the Administrator to the Secretary of the Department. The Plan was made effective April 11, 1953, by the Act of April 1, 1953 (Public Law 13, 83d Congress, 67 Stat. 18).

The major amendments to the PHS Act have been made by:
(1) the National Mental Health Act, approved July 3, 1946, (Public Law
487, 79th Congress; 60 Stat. 421), "to amend the Public Health Service Act
to provide for research relating to psychiatric disorders and to aid in the
development of more effective methods of prevention, diagnosis, and treat-
ment of such disorders, and for other purposes;"
(2) the Hospital Survey and Construction Act, approved August 13, 1946,
(Public Law 725, 79th Congress; 60 Stat. 1040). "to amend the Public
Health Service Act to authorize grants to the States for surveying their
hospitals and public health centers and for planning construction of addi-
tional facilities, and to authorize grants to assist in such construction;"
(3) the National Heart Act, approved June 16, 1948 (Public Law 655, 80th
Congress; 62 Stat. 464), "to amend the Public Health Service Act to sup-
port research and training in diseases of the heart and circulation, and to
aid the States in the development of community programs for the control of
these diseases, and for other purposes;"
(4) the National Dental Research Act, approved June 24, 1948 (Public Law
755, 80th Congress; 62 Stat. 598) "to amend the Public Health Service Act
to provide for, foster and aid in coordinating research relating to dental
diseases and conditions, and for other purposes;"

(5) the Hospital Survey and Construction Amendments of 1949, approved
October 25, 1949, (Public Law 380, 81st Congress; 63 Stat. 898) "to amend
the Hospital Survey and Construction Act (title VI of the Public Health
Service Act), to extend its duration and provide greater financial assist-
ance in the construction of hospitals, and for other purposes;"

(6) the Act approved August 15, 1950 (Public Law 692, 81st Congress; 64 Stat. 443) “to amend the Public Health Service Act to support research and training in matters relating to arthritis and rheumatism, multiple sclerosis, cerebral palsy, epilepsy, poliomyelitis, blindness, leprosy, and other diseases;"

(7) the Medical Facilities Survey and Construction Act of 1954, approved July 12, 1954 (Public Law 482, 83d Congress; 68 Stat. 461) “to amend the hospital survey and construction provisions of the Public Health Service Act to provide assistance to the States for surveying the need for diagnos tic or treatment centers, for hospitals for the chronically ill and impaired, for rehabilitation facilities, and for nursing homes, and to provide assistance in the construction of such facilities through grants to public and nonprofit agencies, and for other purposes;”

(8) the Health Amendments Act of 1956, approved August 2, 1956 (Public Law 911, 84th Congress, 70 Stat. 930) "to improve the health of the people by assisting in increasing the number of adequately trained professional and practical nurses and professional public health personnel, assisting in the development of improved methods of care and treatment in the field of mental health, and for other purposes;”

(9) the Health Research Facilities Act of 1956, approved July 30, 1956
(Public Law 835, 84th Congress, 70 Stat. 717) “to amend the Public Health
Service Act to provide for grants-in-aid to non-Federal and nonprofit in-
stitutions for the constructing and equipping of facilities for research in
the sciences related to health;”

(10), the Alaska Mental Health Enabling Act approved July 28, 1956 (Public Law 830, 84th Congress, 70 Stat. 709) "to confer upon Alaska autonomy in the field of mental health, transfer from the Federal Government to the Territory the fiscal and functional responsibilities for the hospitalization of committed mental patients, and for other purposes;”

(11) the National Library of Medicine Act approved August 3, 1956 (Public Law 941, 84th Congress, 70 Stat. 960) "to amend Title III of the Public Health Service Act, and for other purposes;” and

(12) the National Health Survey Act approved July 3, 1956 (Public Law 652, 84th Congress, 70 Stat. 489) "to provide for a continuing survey and special studies of sickness and disability in the United States, and for periodic reports of the results thereof, and for other purposes."

For convenience in using this manual, marginal references to the United States Code are included where they are available at the time the particular manual page is issued or reissued. Unless otherwise indicated, these references are to the 1952 edition of the Code through Supplement III, and therefore relate to the statutes in force on January 2, 1956. The footnotes on pages issued after such date will generally report only amendments enacted thereafter.

[blocks in formation]

The 84th Congress amended the PHS Act by adding two parts H; since the intent was to make both amendments
effective despite the error in part numberings it is suggested that any reference to these parts should
be followed by the title of the respective part.

PUBLIC HEALTH SERVICE ACT, As Amended

Title 1--Short Title and Definitions

Short Title

42 USC, NOTE

Sec. 1. Titles I to VII inclusive, of this Act may be cited as the "Public Health Service Act". 11

[blocks in formation]

Sec. 2. When used in this Act--
(a) The term “Service" means the Public Health Service;

(b) The term "Surgeon General" means the Surgeon General of the Public Health Service;

(c) The term “Administrator" means the Federal Security Administrator;

Reorganization Plan No. 1 of 1953, 67 Stat. 631, abolished the
Office of Federal Security Administrator, and, effective April 11,
1953, all functions of that Office were transferred to the Secretary,
Department of Health, Education, and Welfare. Accordingly, for
all actions subsequent to April 10, 1953, the term "Administrator"
as here used should be read as meaning the Secretary of the Depart-

ment of Health, Education, and Welfare.
(d) The term "regulations", except when otherwise specified, means

ins rulės and regulations made by the Surgeon General with the approval of the Administrator;

(e) The term "executive department" means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;

The term “State" means a State or the District of Columbia, Hawaii, Alaska, Puerto Rico, or the Virgin Islands, except that as used in section 361 (d) such term means a State, the District of Columbia, or Alaska;

(g) The term “possession" includes, among other possessions, Puerto Rico and the Virgin Islands;

(h) The term "seamen" includes any person employed on board in the care, preservation, or navigation of any vessel, or in the service, on board, of those engaged in such care, preservation, or navigation;

(i) The term "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances;

(j) The term "habit-forming narcotic drug” or “narcotic" means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived irom the coca plant; all compounds, salts, preparations, or other derivatives obtained either from the raw material or from the various alkaloids; Indian hemp and its various derivatives, compounds, and preparations, and peyote in its various forms; isonipecaine and its derivatives, compounds, salts and preparations; opiates

; 2 (k) The term "addict" means any person who habitually uses any habitforming narcotic drugs so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such habit-forming narcotic drugs as to have lost the power of self-control with reference to his addiction; 3/

1 Section 1 was amended by section 3 of PL 835, 84th Congress, to add Title VII to the six titles of the

PHS Act. 2/ Subsection (i) was amended by section 3 of the National Mental Health Act and was further amended by PL 25.

80th Congress, 62 Stat 38. 3/ Subsection (k) was amended by section 3 of the National Mental Health Act.

« AnteriorContinuar »