§286 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates the National Library of Medicine to help medical science and public health. The Secretary of Health and Human Services, through the Library, must collect and keep books and other medical materials, organize them with catalogs and indexes, publish those catalogs, lend or copy materials, give reference and research help, tell people about the Library’s services, encourage use of computers and telecommunications so health workers (including those in rural areas) can get biomedical information, and do other related work the Library can afford. The Secretary may throw away or trade items the Library does not need. After getting advice from the Board of Regents, the Secretary can set rules about giving out publications, using Library facilities, and offering services free, on loan or fee, or by contract with public or nonprofit groups. The Secretary and Board can also decide if a region lacks an adequate regional medical library and needs one. Rules for accepting gifts follow section 238, and the Board will advise on memorials for donors. The words “medicine” and “medical” here include preventive and therapeutic medicine, dentistry, pharmacy, hospitalization, nursing, public health, the basic sciences related to them, and other related fields.

Title 42, §286

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In order to assist the advancement of medical and related sciences and to aid the dissemination and exchange of scientific and other information important to the progress of medicine and to the public health, there is established the National Library of Medicine (hereafter in this part referred to as the “Library”).

(b)The Secretary, through the Library and subject to subsection (d), shall—

(1)acquire and preserve books, periodicals, prints, films, recordings, and other library materials pertinent to medicine;

(2)organize the materials specified in paragraph (1) by appropriate cataloging, indexing, and bibliographical listings;

(3)publish and disseminate the catalogs, indexes, and bibliographies referred to in paragraph (2);

(4)make available, through loans, photographic or other copying procedures, or otherwise, such materials in the Library as the Secretary determines appropriate;

(5)provide reference and research assistance;

(6)publicize the availability from the Library of the products and services described in any of paragraphs (1) through (5);

(7)promote the use of computers and telecommunications by health professionals (including health professionals in rural areas) for the purpose of improving access to biomedical information for health care delivery and medical research; and

(8)engage in such other activities as the Secretary determines appropriate and as the Library’s resources permit.

(c)The Secretary may exchange, destroy, or otherwise dispose of any books, periodicals, films, and other library materials not needed for the permanent use of the Library.

(d)(1)The Secretary may, after obtaining the advice and recommendations of the Board of Regents, prescribe rules under which the Library will—

(A)provide copies of its publications or materials,

(B)will make available its facilities for research, or

(C)will make available its bibliographic, reference, or other services,

(2)Rules prescribed under paragraph (1) may provide for making available such publications, materials, facilities, or services—

(A)without charge as a public service,

(B)upon a loan, exchange, or charge basis, or

(C)in appropriate circumstances, under contract arrangements made with a public or other nonprofit entity.

(e)Whenever the Secretary, with the advice of the Board of Regents, determines that—

(1)in any geographic area of the United States there is no regional medical library adequate to serve such area;

(2)under criteria prescribed for the administration of section 286b–6 of this title, there is a need for a regional medical library to serve such area; and

(3)because there is no medical library located in such area which, with financial assistance under section 286b–6 of this title, can feasibly be developed into a regional medical library adequate to serve such area,

(f)section 238 of this title shall be applicable to the acceptance and administration of gifts made for the benefit of the Library or for carrying out any of its functions, and the Board of Regents shall make recommendations to the Secretary relating to establishment within the Library of suitable memorials to the donors.

(g)For purposes of this part, the terms “medicine” and “medical”, except when used in section 286a of this title, include preventive and therapeutic medicine, dentistry, pharmacy, hospitalization, nursing, public health, and the fundamental sciences related thereto, and other related fields of study, research, or activity.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Pub. L. 103–43, § 1401(c)(1), repealed amendment by Pub. L. 100–202. See 1987 Amendment note below. Subsec. (b)(6) to (8). Pub. L. 103–43, § 1401(a), added pars. (6) and (7) and redesignated former par. (6) as (8). Subsec. (f). Pub. L. 103–43, § 2010(b)(3), substituted “section 238” for “section 300aaa”. 1990—Subsec. (f). Pub. L. 101–381 made technical amendment to reference to section 300aaa of this title to reflect renumbering of corresponding section of original act. 1988—Subsec. (f). Pub. L. 100–690 made technical amendment to reference to section 300aaa of this title to reflect renumbering of corresponding section of original act. Pub. L. 100–607 substituted “300aaa” for “300cc”. 1987—Pub. L. 100–202, which directed the amendment of “section 465(B) of 42 U.S.C. 286” by inserting “between (5) and (6) an additional charge to the Secretary to ‘publicize the availability of the above products and services of the National Library of Medicine’ ”, was repealed by Pub. L. 103–43, § 1401(c)(1). 1986—Subsec. (f). Pub. L. 99–660 substituted “section 300cc of this title” for “section 300aa of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–690 effective immediately after enactment of Pub. L. 100–607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100–690, set out as a note under section 242m of this title.

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–660 effective Dec. 22, 1987, see section 323 of Pub. L. 99–660, as amended, set out as an

Effective Date

note under section 300aa–1 of this title. Applicability of Certain New Authority Pub. L. 103–43, title XIV, § 1401(c)(2),

June 10, 1993, 107 Stat. 170, provided that: “With respect to the authority established for the National Library of Medicine in section 465(b)(6) of the Public Health Service Act, as added by subsection (a) of this section [42 U.S.C. 286(b)(6)], such authority shall be effective as if the authority had been established on

December 22, 1987.”

§286 National Library of Medicine

Summary

Title 42, §286

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

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