PUBLIC LAW 110–377—OCT. 8, 2008 122 STAT. 4063 

Public Law 110–377 

110th Congress 

An Act 

To amend the Public Health Service Act to reauthorize the poison center national 

toll-free number, national media campaign, and grant program to provide assistance for poison prevention, sustain the funding of poison centers, and enhance 

the public health of people of the United States. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Poison Center Support, Enhancement, and Awareness Act of 2008’’. 

SEC. 2. FINDINGS. 

Congress makes the following findings: 

(1) Poison control centers are the primary defense of the 

United States against injury and deaths from poisoning. 

Twenty-four hours a day, the general public as well as health 

care practitioners contact their local poison control centers for 

help in diagnosing and treating victims of poisoning. In 2007, 

more than 4,000,000 calls were managed by poison control 

centers providing ready and direct access for all people of 

the United States, including many underserved populations 

in the United States, with vital emergency public health 

information and response. 

(2) Poisoning is the second most common form of unintentional death in the United States. In any given year, there 

will be between 3,000,000 and 5,000,000 poison exposures. Sixty 

percent of these exposures will involve children under the age 

of 6 who are exposed to toxins in their home. Poisoning accounts 

for 285,000 hospitalizations, 1,200,000 days of acute hospital 

care, and more than 26,000 fatalities in 2005. 

(3) In 2008, the Harvard Injury Control Research Center 

reported that poisonings from accidents and unknown circumstances more than tripled in rate since 1990. In 2005, 

the last year for which data are available, 26,858 people died 

from accidental or unknown poisonings. This represents an 

increase of 20,000 since 1990 and an increase of 2,400 between 

2004 and 2005. Fatalities from poisoning are increasing in 

the United States in near epidemic proportions. The funding 

of programs to reverse this trend is needed now more than 

ever. 

(4) In 2004, The Institute of Medicine of the National 

Academy of Sciences recommended that ‘‘Congress should 

amend the current Poison Control Center Enhancement and 

Awareness Act Amendments of 2003 to provide sufficient 

42 USC 300d–71 

note. 

42 USC 201 note. 

Poison Center 

Support, 

Enhancement, 

and Awareness 

Act of 2008. 

Oct. 8, 2008 

[S. 2932] 


bjneal on POFP91QD1 with PUBLAWS
122 STAT. 4064 PUBLIC LAW 110–377—OCT. 8, 2008 

funding to support the proposed Poison Prevention and Control 

System with its national network of poison centers. Support 

for the core activities at the current level of service is estimated 

to require more than $100 million annually.’’. 

(5) Sustaining the funding structure and increasing accessibility to poison control centers will promote the utilization 

of poison control centers and reduce the inappropriate use 

of emergency medical services and other more costly health 

care services. The 2004 Institute of Medicine Report to Congress 

determined that for every $1 invested in the Nation’s poison 

control centers $7 of health care costs are saved. In 2005, 

direct Federal health care program savings totaled in excess 

of $525,000,000 as the result of poison control center public 

health services. 

(6) More than 30 percent of the cost savings and financial 

benefits of the Nation’s network of poison control centers are 

realized annually by Federal health care programs (estimated 

to be more than $1,000,000,000), yet Federal funding support 

(as demonstrated by the annual authorization of $30,100,000 

in Public Law 108–194) comprises less than 11 percent of 

the annual network expenditures of poison centers. 

(7) Real-time data collected from the Nation’s certified poison control centers can be an important source of information 

for the detection, monitoring, and response for contamination 

of the air, water, pharmaceutical, or food supply. 

(8) In the event of a terrorist event, poison control centers 

will be relied upon as a critical source for accurate medical 

information and public health emergency response concerning 

the treatment of patients who have had an exposure to a 

chemical, radiological, or biological agent. 

SEC. 3. REAUTHORIZATION OF POISON CONTROL CENTERS NATIONAL 

TOLL-FREE NUMBER. 

Section 1271 of the Public Health Service Act (42 U.S.C. 300d– 

71) is amended to read as follows: 

‘‘SEC. 1271. MAINTENANCE OF THE NATIONAL TOLL-FREE NUMBER. 

‘‘(a) IN GENERAL.—The Secretary shall provide coordination 

and assistance to poison control centers for the establishment of 

a nationwide toll-free phone number, and the maintenance of such 

number, to be used to access such centers. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated $2,000,000 for fiscal year 2009 to carry out 

this section, and $700,000 for each of fiscal years 2010 through 

2014 for the maintenance of the nationwide toll free phone number 

under subsection (a).’’. 

SEC. 4. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO 

PROMOTE POISON CONTROL CENTER UTILIZATION. 

(a) IN GENERAL.—Section 1272 of the Public Health Service 

Act (42 U.S.C. 300d–72) is amended to read as follows: 

‘‘SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CONTROL CENTER UTILIZATION. 

‘‘(a) IN GENERAL.—The Secretary shall carry out, and expand 

upon, a national media campaign to educate the public and health 

care providers about poison prevention and the availability of poison 


bjneal on POFP91QD1 with PUBLAWS
PUBLIC LAW 110–377—OCT. 8, 2008 122 STAT. 4065 

control center resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number established under section 1271(a). 

‘‘(b) CONTRACT WITH ENTITY.—The Secretary may carry out 

subsection (a) by entering into contracts with one or more public 

or private entities, including nationally recognized organizations 

in the field of poison control and national media firms, for the 

development and implementation of a nationwide poison prevention 

and poison control center awareness campaign, which may include— 

‘‘(1) the development and distribution of poison prevention 

and poison control center awareness materials; 

‘‘(2) television, radio, Internet, and newspaper public 

service announcements; and 

‘‘(3) other activities to provide for public and professional 

awareness and education. 

‘‘(c) EVALUATION.—The Secretary shall— 

‘‘(1) establish baseline measures and benchmarks to quantitatively evaluate the impact of the nationwide media campaign carried out under this section; and 

‘‘(2) on an annual basis, prepare and submit to the appropriate committees of Congress, an evaluation of the nationwide 

media campaign. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section, such sums as may 

be necessary for fiscal year 2009, and $800,000 for each of fiscal 

years 2010 through 2014.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall be effective on the date of the enactment of this Act and 

shall apply to contracts entered into on or after January 1, 2009. 

SEC. 5. REAUTHORIZATION OF THE POISON CONTROL CENTER GRANT 

PROGRAM. 

(a) IN GENERAL.—Section 1273 of the Public Health Service 

Act (42 U.S.C. 300d–73) is amended to read as follows: 

‘‘SEC. 1273. MAINTENANCE OF THE POISON CONTROL CENTER GRANT 

PROGRAM. 

‘‘(a) AUTHORIZATION OF PROGRAM.—The Secretary shall award 

grants to poison control centers certified under subsection (c) (or 

granted a waiver under subsection (d)) and professional organizations in the field of poison control for the purposes of preventing, 

and providing treatment recommendations for, poisonings and complying with the operational requirements needed to sustain the 

certification of the center under subsection (c). 

‘‘(b) ADDITIONAL USES OF FUNDS.—In addition to the purposes 

described in subsection (a), a poison center or professional organization awarded a grant, contract, or cooperative agreement under 

such subsection may also use amounts received under such grant, 

contract, or cooperative agreement— 

‘‘(1) to establish and evaluate best practices in the United 

States for poison prevention, poison control center outreach, 

and emergency and preparedness programs; 

‘‘(2) to research, develop, implement, revise, and communicate standard patient management guidelines for commonly 

encountered toxic exposures; 

‘‘(3) to improve national toxic exposure surveillance by 

enhancing cooperative activities between poison control centers 

42 USC 300d–72 

note. 


bjneal on POFP91QD1 with PUBLAWS
122 STAT. 4066 PUBLIC LAW 110–377—OCT. 8, 2008 

in the United States and the Centers for Disease Control and 

Prevention; 

‘‘(4) to develop, support, and enhance technology and 

capabilities of professional organizations in the field of poison 

control to collect national poisoning, toxic occurrence, and 

related public health data; 

‘‘(5) to develop initiatives to foster the enhanced public 

health utilization of national poison data collected by organizations described in paragraph (4); 

‘‘(6) to support and expand the toxicologic expertise within 

poison control centers; and 

‘‘(7) to improve the capacity of poison control centers to 

answer high volumes of calls and respond during times of 

national crisis or other public health emergencies. 

‘‘(c) CERTIFICATION.—Except as provided in subsection (d), the 

Secretary may award a grant to a poison control center under 

subsection (a) only if— 

‘‘(1) the center has been certified by a professional organization in the field of poison control, and the Secretary has 

approved the organization as having in effect standards for 

certification that reasonably provide for the protection of the 

public health with respect to poisoning; or 

‘‘(2) the center has been certified by a State government, 

and the Secretary has approved the State government as having 

in effect standards for certification that reasonably provide 

for the protection of the public health with respect to poisoning. 

‘‘(d) WAIVER OF CERTIFICATION REQUIREMENTS.— 

‘‘(1) IN GENERAL.—The Secretary may grant a waiver of 

the certification requirements of subsection (c) with respect 

to a noncertified poison control center that applies for a grant 

under this section if such center can reasonably demonstrate 

that the center will obtain such a certification within a reasonable period of time as determined appropriate by the Secretary. 

‘‘(2) RENEWAL.—The Secretary may renew a waiver under 

paragraph (1). 

‘‘(3) LIMITATION.—In no case may the sum of the number 

of years for a waiver under paragraph (1) and a renewal under 

paragraph (2) exceed 5 years. The preceding sentence shall 

take effect as of the date of the enactment of the Poison Center 

Support, Enhancement, and Awareness Act of 2008. 

‘‘(e) SUPPLEMENT NOT SUPPLANT.—Amounts made available to 

a poison control center under this section shall be used to supplement and not supplant other Federal, State or local funds provided 

for such center. 

‘‘(f) MAINTENANCE OF EFFORT.—A poison control center, in utilizing the proceeds of a grant under this section, shall maintain 

the expenditures of the center for activities of the center at a 

level that is not less than the level of expenditures maintained 

by the center for the fiscal year preceding the fiscal year for which 

the grant is received. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section, $27,500,000 for fiscal 

year 2009, and $28,600,000 for each of fiscal years 2010 through 

2014. The Secretary may utilize not to exceed 8 percent of the 

amount appropriated under this preceding sentence in each fiscal 

year for coordination, dissemination, technical assistance, program 

Effective date. 


bjneal on POFP91QD1 with PUBLAWS
PUBLIC LAW 110–377—OCT. 8, 2008 122 STAT. 4067 

LEGISLATIVE HISTORY—S. 2932 (H.R. 5669): 

HOUSE REPORTS: No. 110–681 accompanying H.R. 5669 (Comm. on Energy and 

Commerce). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 23, considered and passed Senate. 

Sept. 25, 26, considered and passed House. 

Æ 

evaluation, data activities, and other program administration functions that do not include grants, contracts, or cooperative agreements under subsections (a) and (b), which are determined by 

the Secretary to be appropriate for carrying out the program under 

this section.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall be effective as of the date of the enactment of this Act 

and shall apply to grants made on or after January 1, 2009. 

Approved October 8, 2008. 

42 USC 300d–73 

note. 


bjneal on POFP91QD1 with PUBLAWS