Acupuncture for Our Heroes Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2914 To amend title 38, United States Code, to ensure access to acupuncturist services through the Department of Veterans Affairs, and for other purposes. IN THE SENATE OF THE UNITED STATES NOVEMBER 20, 2019 Mrs. SHAHEEN introduced the following bill; which was read twice and 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, and for other purposes. 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 of 2019’’. 5 SEC. 2. INCLUSION OF ACUPUNCTURIST SERVICES AT VET- 6 ERANS HEALTH FACILITIES. 7 (a) ACUPUNCTURIST SERVICES.— 8 VerDate Sep 11 2014 03:19 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2914.IS S2914 kjohnson on DSK79L0C42 with BILLS 2 •S 2914 IS (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 patient enrollment system of the Department 7 under section 1705(a) of this title (without the require- 8 ment of a referral). 9 ‘‘(b) LOCATIONS.—(1) The program under subsection 10 (a) shall be carried out in at least one facility of the De- 11 partment in each Veterans Integrated Service Network. 12 ‘‘(2) In selecting facilities under paragraph (1), the 13 Secretary shall ensure that the program is carried out in 14 both urban and rural areas. 15 ‘‘(3) If a Veterans Integrated Service Network in- 16 cludes a State without a full-service medical center, the 17 Secretary shall carry out the program at a facility within 18 that State. 19 ‘‘(c) SERVICES AVAILABLE.—The Secretary shall en- 20 sure that the acupuncturist services available under the 21 program under subsection (a) are able to address, at a 22 minimum, the following: 23 ‘‘(1) Chronic and acute pain. 24 ‘‘(2) Cancer pain. 25 VerDate Sep 11 2014 03:19 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2914.IS S2914 kjohnson on DSK79L0C42 with BILLS 3 •S 2914 IS ‘‘(3) Postoperative nausea and vomiting. 1 ‘‘(4) Postsurgical gastroparesis syndrome. 2 ‘‘(5) Opioid-induced constipation. 3 ‘‘(6) Opioid-induced pruritus. 4 ‘‘(7) Chemotherapy-induced neuropathy. 5 ‘‘(8) Aromatase inhibitor-associated joint pain. 6 ‘‘(9) Neck dissection-related pain and dysfunc- 7 tion. 8 ‘‘(10) Stress management. 9 ‘‘(11) Mental health conditions. 10 ‘‘(12) Substance abuse. 11 ‘‘(13) Symptoms relating to traumatic brain in- 12 jury and post-traumatic stress. 13 ‘‘(d) ADMINISTRATION.—(1) The Secretary shall 14 carry out the program under subsection (a) through— 15 ‘‘(A) qualified acupuncturists appointed as em- 16 ployees of the Department located at medical centers 17 and clinics of the Department; and 18 ‘‘(B) qualified acupuncturists under contracts 19 if— 20 ‘‘(i) the Secretary is unable to make ap- 21 pointments described in subparagraph (A); 22 ‘‘(ii) a patient requires specialty care that 23 an employee under such subparagraph is not 24 able to provide to the patient; or 25 VerDate Sep 11 2014 03:19 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2914.IS S2914 kjohnson on DSK79L0C42 with BILLS 4 •S 2914 IS ‘‘(iii) there is an emergency that requires 1 the use of such a contract acupuncturist. 2 ‘‘(2) The Secretary shall provide training and mate- 3 rials to health care providers of the Department who pro- 4 vide primary care to veterans to explain the benefits of 5 acupuncturist services. 6 ‘‘(3) In this subsection, the term ‘qualified 7 acupuncturist’ means, with respect to the furnishing of 8 services in a State, an individual who is licensed or cer- 9 tified in the State in which the services are furnished, or, 10 in the case of services furnished in a State that does not 11 provide for such licensure or certification, meets such cri- 12 teria (such as accreditation through an appropriate na- 13 tionally recognized certification authority for 14 acupuncturists) as the Secretary may specify. In speci- 15 fying such requirements, the Secretary may use the same 16 requirements as those established by such a certification 17 authority. 18 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 19 regulations to carry out this section.’’. 20 (2) CLERICAL AMENDMENT.—The table of sec- 21 tions at the beginning of such subchapter is amend- 22 ed by inserting after the item relating to section 23 1720I the following new item: 24 ‘‘1720J. Provision of acupuncturist services.’’. VerDate Sep 11 2014 03:19 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S2914.IS S2914 kjohnson on DSK79L0C42 with BILLS 5 •S 2914 IS (3) CONFORMING AMENDMENT.—Section 1 1701(6) of such title is amended by adding at the 2 end the following new subparagraph: 3 ‘‘(I) Acupuncturist services in accordance 4 with section 1720J of this title.’’. 5 (b) ADVISORY COMMITTEE.— 6 (1) IN GENERAL.—Subchapter III of chapter 5 7 of such title is amended by adding at the end the 8 following new section: 9 ‘‘§ 547. Advisory Committee on Acupuncturist Serv- 10 ices 11 ‘‘(a) ACUPUNCTURE ADVISORY COMMITTEE.—(1)(A) 12 The Secretary shall establish an advisory committee to 13 provide the Secretary with assistance and advice in the 14 development and implementation of the program under 15 section 1720J of this title. 16 ‘‘(B) The advisory committee established under sub- 17 paragraph (A) shall be known as the ‘Advisory Committee 18 on Acupuncturist Services’ (in this section referred to as 19 the ‘Committee’). 20 ‘‘(2) The Committee shall consist of members ap- 21 pointed by the Secretary from the general public, includ- 22 ing— 23 VerDate Sep 11 2014 03:19 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2914.IS S2914 kjohnson on DSK79L0C42 with BILLS 6 •S 2914 IS ‘‘(A) not fewer than five practicing 1 acupuncturists, of which not fewer than four shall be 2 State licensed acupuncturists; 3 ‘‘(B) one veteran from each of the Armed 4 Forces; and 5 ‘‘(C) not fewer than two representatives from 6 veterans service organizations. 7 ‘‘(b) DUTIES.—The Committee shall— 8 ‘‘(1) review and evaluate the ability of a veteran 9 to access an acupuncturist at facilities of the De- 10 partment; 11 ‘‘(2) advise the Secretary with respect to— 12 ‘‘(A) protocols governing direct access to 13 acupuncture care; 14 ‘‘(B) protocols governing the scope of prac- 15 tice of acupuncture practitioners; 16 ‘‘(C) the definitions of services to be pro- 17 vided by acupuncturists; and 18 ‘‘(D) such other matters as the Secretary 19 determines appropriate; and 20 ‘‘(3) upon the determination of the Secretary 21 that the program of acupuncturist services under 22 section 1720J of this title has been fully imple- 23 mented, submit to the Secretary a report containing 24 VerDate Sep 11 2014 03:19 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2914.IS S2914 kjohnson on DSK79L0C42 with BILLS 7 •S 2914 IS the evaluation of the Committee on the implementa- 1 tion of such program. 2 ‘‘(c) CHAIRMAN.—The Secretary shall designate one 3 member of the Committee to serve as the Chairman of 4 the Committee. 5 ‘‘(d) MEETINGS.—The Committee shall meet at the 6 call of the Chairman, but not fewer than three times dur- 7 ing each fiscal year, beginning in the fiscal year following 8 the fiscal year in which this section is enacted. 9 ‘‘(e) REPORT.—After the Committee submits to the 10 Secretary the report under subsection (b)(3), the Sec- 11 retary shall submit to the Committee on Veterans’ Affairs 12 of the Senate and the Committee on Veterans’ Affairs of 13 the House of Representatives a report containing the fol- 14 lowing: 15 ‘‘(1) A copy of the Committee report, together 16 with the comments of the Secretary on the report. 17 ‘‘(2) An explanation of the criteria and ration- 18 ale that the Secretary used to determine that the 19 program of acupuncturist services under section 20 1720J of this title was fully implemented, as de- 21 scribed in subsection (b)(3). 22 ‘‘(3) The views of the Secretary regarding the 23 future implementation of such program.’’. 24 VerDate Sep 11 2014 03:19 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2914.IS S2914 kjohnson on DSK79L0C42 with BILLS 8 •S 2914 IS (2) CLERICAL AMENDMENT.—The table of sec- 1 tions at the beginning of such subchapter is amend- 2 ed by inserting after the item relating to section 546 3 the following new item: 4 ‘‘547. Advisory Committee on Acupuncturist Services.’’. (c) CONFORMING AMENDMENTS.— 5 (1) AUTHORITY FOR APPOINTMENTS.—Section 6 7401(1) of title 38, United States Code, is amended 7 by inserting ‘‘acupuncturists,’’ after ‘‘chiroprac- 8 tors,’’. 9 (2) PERIOD OF APPOINTMENTS.—Section 10 7403(a)(2) of such title is amended by adding at the 11 end the following new subparagraph: 12 ‘‘(I) Acupuncturists.’’. 13 (3) PAY.—Section 7404 of such title is amend- 14 ed by adding at the end the following new sub- 15 section: 16 ‘‘(f) The position of acupuncturist specified in section 17 7401(1) of this title shall be at the grade of GS–12 or 18 higher under the General Schedule under section 5332 of 19 title 5.’’. 20 (4) MALPRACTICE AND NEGLIGENCE SUITS.— 21 (A) IN GENERAL.—Section 7316(a)(2) of 22 such title is amended by inserting 23 ‘‘acupuncturist,’’ after ‘‘chiropractor,’’. 24 VerDate Sep 11 2014 03:19 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2914.IS S2914 kjohnson on DSK79L0C42 with BILLS 9 •S 2914 IS (B) EFFECTIVE DATE.—The amendment 1 made by subparagraph (A) shall apply with re- 2 spect to services provided on or after the date 3 that is 270 days after the date of the enact- 4 ment of this Act. 5 (5) HOURS AND CONDITIONS.—Section 7421(b) 6 of such title is amended by adding at the end the 7 following new paragraph: 8 ‘‘(9) Acupuncturists.’’. 9 Æ VerDate Sep 11 2014 03:19 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S2914.IS S2914 kjohnson on DSK79L0C42 with BILLS