25 U.S.C. § 1680u
Although the Secretary may promote traditional health care practices, consistent with the Service standards for the provision of health care, health promotion, and disease prevention under this chapter, the United States is not liable for any provision of traditional health care practices pursuant to this chapter that results in damage, injury, or death to a patient. Nothing in this subsection shall be construed to alter any liability or other obligation that the United States may otherwise have under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 or this chapter.
1 See References in Text note below.
25 U.S.C. § 1680u
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in text, was in the original "this Act", meaning Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in text, is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
CODIFICATION Section 831 of Pub. L. 94-437 is based on section 199A of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111-148.
- Service
- The term "Service" means the Indian Health Service.
- health promotion
- The term "health promotion" means any activity for-(A) fostering social, economic, environmental, and personal factors conducive to health, including raising public awareness regarding health matters and enabling individuals to cope with health problems by increasing knowledge and providing valid information;(B) encouraging adequate and appropriate diet, exercise, and sleep;(C) promoting education and work in accordance with physical and mental capacity;(D) making available safe water and sanitary facilities;(E) improving the physical, economic, cultural, psychological, and social environment;(F) promoting culturally competent care; and(G) providing adequate and appropriate programs, including programs for-(i) abuse prevention (mental and physical);(ii) community health;(iii) community safety;(iv) consumer health education;(v) diet and nutrition;(vi) immunization and other methods of prevention of communicable diseases, including HIV/AIDS;(vii) environmental health;(viii) exercise and physical fitness;(ix) avoidance of fetal alcohol spectrum disorders;(x) first aid and CPR education;(xi) human growth and development;(xii) injury prevention and personal safety;(xiii) behavioral health;(xiv) monitoring of disease indicators between health care provider visits through appropriate means, including Internet-based health care management systems;(xv) personal health and wellness practices;(xvi) personal capacity building;(xvii) prenatal, pregnancy, and infant care;(xviii) psychological well-being;(xix) reproductive health and family planning;(xx) safe and adequate water;(xxi) healthy work environments;(xxii) elimination, reduction, and prevention of contaminants that create unhealthy household conditions (including mold and other allergens);(xxiii) stress control;(xxiv) substance abuse;(xxv) sanitary facilities;(xxvi) sudden infant death syndrome prevention;(xxvii) tobacco use cessation and reduction;(xxviii) violence prevention; and(xxix) such other activities identified by the Service, a tribal health program, or an urban Indian organization to promote achievement of any of the objectives referred to in section 1602(2) of this title.