Page:United States Statutes at Large Volume 88 Part 1.djvu/176

 132

Penalty.

Regulations.

38 USC 101 et seq.

PUBLIC LAW 93-282-MAY 14, 1974

[88 STAT.

his written consent, the content of such record may be disclosed as follows: " (A) To medical personnel to the extent necessary to meet a bona fide medical emergency. " (B) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits,, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner. " (C) If authorized by an appropriate order of a court of competent jurisdiction granf^ed after application showing good cause therefor. Iniassessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure. "(c) Except as authorized by a court order granted under subsection (b)(2)(C) of this section, no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient. " (d) The prohibitions of this section continue to apply to records concerning any individual who has been a patient, irrespective of whether or when he ceases to be a patient. "(e) The prohibitions of this section do not apply to any interchange of records— "(1) within the Armed Forces or within those components of the Veterans' Administration furnishing health care to veterans, or " (2) between such components and the Armed Forces. "^f^ Any pcTSon who violatcs any provision of this section or any regulation issued pursuant to this section shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense. " (g) Except as provided in subsection (h) of this section, the Secretary shall prescribe regulations to carry out the purposes of this section. These regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of orders under subsection (b)(2) (C), as in the judgment of the Secretary are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. "(h) The Administrator of Veterans' Affairs, through the Chief Medical Director, shall, to the maximum feasible extent consistent with their responsibilities under title 38, United States Code, prescribe regulations making applicable the regulations prescribed by the Secretary under subsection (g) of this section to records maintained in connection with the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from alcohol abuse or alcoholism. In prescribing and implementing regulations pursuant to this subsection, the Administrator shall, from time to time, consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe.". (b) Section 303(a) of the Public Health Service Act (42 U.S.C. 242a (a)) is amended by striking out "the use and effect of drugs" and

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