Page:United States Statutes at Large Volume 90 Part 2.djvu/783

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 94-4«4~0CT. 12, 1976

90 STAT. 2251

practice in such State and of health institutions licensed by such State, which registration shall include such information as the Secretary shall determine to be appropriate; "(B) such State or entity shall collect such information and report it to the Secretary in such form and manner as the Secretary shall prescribe; and "(C) such State or entity shall comply with the requirements of subsection (e). "(c) For purposes of providing the Secretary with information Report to under this section, each school which receives financial support under Secretary of section 770 shall annually report to the Secretary information, deter- HEW. mined to be appropriate by the Secretary, respecting the students 42 USC 295f. who attend such scnool. The Secretary may collect such additional data respecting students of the health professions as he determines to be appropriate. "(d) The Secretary shall assemble and submit to the President Report to and Congress not later than September 1 of each year a report on President and the status of health professions personnel in the United States, which Congress. report shall include a description and analysis of the data collected pursuant to this section. Such report may be included as part of the report made under section 308(a)(2)(C). "(e)(1) The Secretary and each program entity shall in securing and maintaining any record of individually identifiable personal data (hereinafter in this subsection referred to as 'personal data') for purposes of this section— "(A) inform any individual who is asked to supply personal data whether he is legally required, or may refuse, to sujjply such data and inform him of any specific consequences, known to the Secretary or program entity, as the case may be, of providing or not providing such data; " (B) upon request, inform any individual if he is the subject of personal data secured or maintained by the Secretary or program entity, as the case may be, and make the data available to him in a form comprehensible to him; "(C) assure that no use is made of personal data which is not within the purposes of this section unless an informed consent has been obtained from the individual who is the subject of such data; and "(D) upon request, inform any individual of the use being made of personal data respecting such individual and of the identity of the individuals and entities which will use the data and their relationship to the programs under this section. "(2) Any entity which maintains a record of personal data and which receives a request from the Secretary or a program entity for such data for purposes of this section shall not transfer any such data to the Secretary or to a program entity unless the individual whose personal data is to be so transferred gives an informed consent for such transfer. "(3)(A) Notwithstanding any other provision of law, personal data collected by the Secretary or any program entity under this section may not be made available or disclosed by the Secretary or any program entity to any person other than the individual who is the subject of such data unless (i) such person requires such data for purposes of this section, or (ii) in response to a demand for such data made by means of compulsory legal process. Any individual who is the subject of personal data made available or disclosed under clause (ii) shall be notified of the demand for such data.