Page:United States Statutes at Large Volume 90 Part 2.djvu/1381

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 94-581—OCT. 21, 1976

90 STAT. 2849

(7) inserting "podiatrists, optometrists," after "dentists," and "podiatrist, optometrist," after "dentist," each place those words appear in the language preceding clause (1) and in subclause (B) of clause (6) of subsection (a) of section 4108; 38 USC 4108. (8) inserting "podiatric, optometric," after "dental," in subsection (a) of section 4112; (9) inserting "podiatrists, optometrists," after "dentists," in section 4113; (10) amending section 4114 by— (A) inserting "podiatrists, optometrists," after "dentists," each place such term appears in paragraphs (1)(A) and (B) and (3)(A) and (B) of subsection (a); and (B) striking out "or dentist" and inserting in lieu thereof a comma and "dentist, podiatrist, or optometrist" in the language preceding clause (1) of subsection (d) and in clause (1) of such subsection j (11) inserting "podiatrist, optometrist," after "dentist," each place such word appears in subsection (a) of section 4116; and (12) amending section 4117 by— (A) striking out "medical schools," and inserting in lieu thereof "schools and colleges of medicine, osteopathy, dentistry, podiatry, optometry, and nursing,"; and (B) inserting "podiatrists, optometrists," after "dentists,". SEC. 111. (a)(1) Chapter 73 of title 38, United States Code is amended by inserting at the end thereof the following new subchapter: "Subchapter III—Protection of Patient Rights "§ 4131. Informed consent 38 USC 4131. "The Administrator, upon the recommendation of the Chief Medi- Regulations. cal Director and pursuant to the provisions of section 4134 of this title, shall prescribe regulations establishing procedures to ensure that all medical and prosthetic research carried out and, to the maximum extent practicable, all patient care furnished under this title shall be carried out only with the full and informed consent of the patient or subject or, in appropriate cases, a representative thereof.

    • § 4132. Confidentiality of certain medical records

38 USC 4132. "(a) Records of the identity, diagnosis, prognosis, or treatment of any patient or subject which are maintained in connection with the performance of any program or activity (including education, training, treatment, rehabilitation, or research) relating to drug abuse, alcoholism or alcohol abuse, or sickle cell anemia which is carried out by or for the Veterans' Administration under this title shall, except as provided in subsection (e) of this section, be confidential, and (section 3301 of this title to the contrary notwithstanding) such records may be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b) of this section. "(b)(1) The content of any record referred to in subsection (a) of this section may be disclosed by the Administrator in accordance with the prior written consent of the patient or subject with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed by the Administrator pursuant to section 41.34 of this title. "(2) Whether or not any patient or subject, with respect to whom any given record referred to in subsection (a) of this section is main-