Acupuncture for Our Heroes Act

I 116TH CONGRESS 1ST SESSION H. R. 1182 To amend title 38, United States Code, to ensure access to acupuncturist services through the Department of Veterans Affairs. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2019 Ms. JUDY CHU of California introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to ensure access to acupuncturist services through the Department of Vet- erans Affairs. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Acupuncture for Our 4 Heroes Act’’. 5 SEC. 2. INCLUSION OF ACUPUNCTURIST SERVICES AT VET- 6 ERANS HEALTH FACILITIES. 7 (a) ACUPUNCTURIST SERVICES.— 8 VerDate Sep 11 2014 21:53 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1182.IH H1182 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1182 IH (1) IN GENERAL.—Subchapter II of chapter 17 1 of title 38, United States Code, is amended by add- 2 ing at the end the following new section: 3 ‘‘§ 1720J. Provision of acupuncturist services 4 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 5 program to provide acupuncturist services to veterans en- 6 rolled in the health care system established under section 7 1705(a) of this title (without the requirement of a refer- 8 ral). 9 ‘‘(b) LOCATIONS.—The program under subsection (a) 10 shall be carried out at in at least one facility of the De- 11 partment in each Veterans Integrated Service Network. In 12 selecting such facilities, the Secretary shall ensure that the 13 program is carried out in both urban and rural areas. 14 ‘‘(c) SERVICES AVAILABLE.—The Secretary shall en- 15 sure that the acupuncturist services available under the 16 program are able to address, at a minimum, the following: 17 ‘‘(1) Chronic and acute pain. 18 ‘‘(2) Cancer pain. 19 ‘‘(3) Postoperative nausea and vomiting. 20 ‘‘(4) Postsurgical gastroparesis syndrome. 21 ‘‘(5) Opioid-induced constipation. 22 ‘‘(6) Opioid-induced pruritus. 23 ‘‘(7) Chemotherapy-induced neuropathy. 24 ‘‘(8) Aromatase inhibitor-associated joint pain. 25 VerDate Sep 11 2014 21:53 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1182.IH H1182 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1182 IH ‘‘(9) Neck dissection-related pain and dysfunc- 1 tion. 2 ‘‘(10) Stress management. 3 ‘‘(11) Mental health conditions. 4 ‘‘(12) Substance abuse. 5 ‘‘(13) Symptoms relating to traumatic brain in- 6 jury and post-traumatic stress. 7 ‘‘(d) ADMINISTRATION.—(1) The Secretary shall 8 carry out the program through— 9 ‘‘(A) qualified acupuncturists appointed as em- 10 ployees of the Department located at medical centers 11 and clinics of the Department; and 12 ‘‘(B) through contract qualified acupuncturists 13 if— 14 ‘‘(i) the Secretary is unable to make ap- 15 pointments described in subparagraph (A); 16 ‘‘(ii) a patient requires specialty care that 17 an employee under such subparagraph is not 18 able to provide to the patient; or 19 ‘‘(iii) there is an emergency that requires 20 the use of such a contract acupuncturist. 21 ‘‘(2) The Secretary shall provide training and mate- 22 rials to health care providers of the Department who pro- 23 vide primary care to veterans to explain the benefits of 24 acupuncturist services. 25 VerDate Sep 11 2014 21:53 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1182.IH H1182 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1182 IH ‘‘(3) In this section, the term ‘qualified acupunctur- 1 ist’ means, with respect to the furnishing of services in 2 a State, an individual who licensed or certified in the State 3 in which the services are furnished, or, in the case of serv- 4 ices furnished in a State that does not provide for such 5 licensure or certification, meets such criteria (such as ac- 6 creditation through an appropriate nationally recognized 7 certification authority for acupuncturists) as the Secretary 8 may specify. In specifying such requirements, the Sec- 9 retary may use the same requirements as those established 10 by such a certification authority. 11 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 12 regulations to carry out this section.’’. 13 (2) CLERICAL AMENDMENT.—The table of sec- 14 tions at the beginning of such chapter is amended 15 by inserting after the item relating to section 1720I 16 the following new section: 17 ‘‘1720J. Provision of acupuncturist services.’’. (3) CONFORMING AMENDMENT.—Section 18 1701(6) of such title is amended by adding at the 19 end the following new subparagraph: 20 ‘‘(H) Acupuncturist services in accordance 21 with section 1720J of this title.’’. 22 (b) ADVISORY COMMITTEE.— 23 VerDate Sep 11 2014 21:53 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1182.IH H1182 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1182 IH (1) IN GENERAL.—Subchapter III of chapter 5 1 of such title is amended by adding at the end the 2 following new section: 3 ‘‘§ 547. Advisory committee on acupuncturist services 4 ‘‘(a) ACUPUNCTURE ADVISORY COMMITTEE.—(1) 5 The Secretary shall establish an advisory committee to be 6 known as the ‘Advisory Committee on Acupuncturist Serv- 7 ices’ (in this section referred to as the ‘Committee’) to 8 provide the Secretary with assistance and advice in the 9 development and implementation of the program estab- 10 lished by section 1720J of this title. 11 ‘‘(2) The Committee shall consist of members ap- 12 pointed by the Secretary from the general public, includ- 13 ing— 14 ‘‘(A) not fewer than five practicing acupunctur- 15 ists, of which at least four shall be State licensed 16 acupuncturists; 17 ‘‘(B) one veteran from each of the Armed 18 Forces; and 19 ‘‘(C) not fewer than two representatives from 20 veterans service organizations. 21 ‘‘(b) DUTIES.—The Committee shall— 22 ‘‘(1) review and evaluate the ability of a veteran 23 to access an acupuncturist at facilities of the De- 24 partment; 25 VerDate Sep 11 2014 21:53 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1182.IH H1182 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1182 IH ‘‘(2) advise the Secretary with respect to— 1 ‘‘(A) protocols governing direct access to 2 acupuncture care; 3 ‘‘(B) protocols governing the scope of prac- 4 tice of acupuncture practitioners; 5 ‘‘(C) the definitions of services to be pro- 6 vided by acupuncturists; and 7 ‘‘(D) such other matters the Secretary de- 8 termines appropriate; and 9 ‘‘(3) upon the determination of the Secretary 10 that the program of acupuncturist services under 11 section 1720J of this title has been fully imple- 12 mented, submit to the Secretary a report containing 13 the evaluation of the Committee of the implementa- 14 tion of such program. 15 ‘‘(c) CHAIRMAN.—The Secretary shall designate one 16 member of the Committee to serve as the chairman of the 17 Committee. 18 ‘‘(d) MEETINGS.—The Committee shall meet at the 19 call of the Chairman, but not fewer than three times dur- 20 ing each fiscal year, beginning in the fiscal year following 21 the fiscal year in which this section is enacted. 22 ‘‘(e) REPORT.—Following the date on which the 23 Committee submits to the Secretary the report under sub- 24 section (b)(4), the Secretary shall submit to the Commit- 25 VerDate Sep 11 2014 21:53 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1182.IH H1182 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1182 IH tees on Veterans’ Affairs of the Senate and the House of 1 Representatives a report containing the following: 2 ‘‘(1) A copy of the Committee report, together 3 with the comments of the Secretary on the report. 4 ‘‘(2) An explanation of the criteria and ration- 5 ale that the Secretary used to determine that the 6 program of acupuncturist services under section 7 1720J of this title was fully implemented, as de- 8 scribed in such subsection (b)(4). 9 ‘‘(3) The views of the Secretary regarding the 10 future implementation of such program.’’. 11 (2) CLERICAL AMENDMENT.—The table of sec- 12 tions at the beginning of such chapter is amended 13 by inserting after the item relating to section 546 14 the following new item: 15 ‘‘547. Advisory committee on acupuncturist services.’’. (c) CONFORMING AMENDMENTS.— 16 (1) AUTHORITY FOR APPOINTMENTS.—Section 17 7401(1) of title 38, United States Code, is amended 18 by inserting ‘‘acupuncturists,’’ after ‘‘chiroprac- 19 tors,’’. 20 (2) PERIOD OF APPOINTMENTS.—Section 7403 21 of such title is amended by adding at the end the 22 following new subparagraph: 23 ‘‘(I) Acupuncturists.’’. 24 VerDate Sep 11 2014 21:53 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1182.IH H1182 pbinns on DSK79D2C42PROD with BILLS 8 •HR 1182 IH (3) PAY.—Section 7404 of such title is amend- 1 ed by adding at the end the following new sub- 2 section: 3 ‘‘(f) The position of acupuncturist specified in section 4 7401(1) of this title shall be the grade of GS–12 or higher 5 under the General Schedule under section 5332 of title 6 5.’’. 7 (4) MALPRACTICE AND NEGLIGENCE SUITS.— 8 Section 7316(a)(2) of such title is amended by in- 9 serting ‘‘acupuncturist,’’ after ‘‘chiropractor,’’. 10 (5) HOURS AND CONDITIONS.—Section 7421(b) 11 of such title is amended by adding at the end the 12 following new paragraph: 13 ‘‘(9) Acupuncturists.’’. 14 (6) EFFECTIVE DATE.—The amendment made 15 by paragraph (4) apply with respect to services pro- 16 vided on or after the date that is 270 days after the 17 date of enactment of this Act. 18 Æ VerDate Sep 11 2014 21:53 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H1182.IH H1182 pbinns on DSK79D2C42PROD with BILLS