[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2173 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2173
To amend the Public Health Service Act with respect to health
professions programs regarding the practice of pharmacy.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2001
Mr. McGovern (for himself, Mr. Simpson, Mr. Rush, Mr. Shimkus, Mr.
Ross, Mr. Whitfield, Mr. Pickering, Mr. Shows, Ms. McKinney, and Mr.
Langevin) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act with respect to health
professions programs regarding the practice of pharmacy.
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 ``Pharmacy Education Aid Act of
2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Pharmacists are an important link in our Nation's
health care system. A critical shortage of pharmacists is
threatening the ability of community pharmacies to continue to
provide important prescription related services.
(2) The Institute of Medicine (``IOM'') prepared a landmark
report on medical errors, including medication errors. In the
report, entitled ``To Err is Human: Building a Safer Health
System'', IOM indicated that medication errors can be partially
attributed to factors such as staff shortages; having too many
customers places great pressure on available staff, leading to
a lack of concentration.
(3) In section 5 of Public Law 106-129, the Congress
acknowledged a growing demand for pharmacists by requiring the
Secretary of Health and Human Services to conduct a study to
determine whether there is a shortage of pharmacists in the
United States and, if so, to what extent.
(4) The study required by Public Law 106-129 was conducted
by the Health Resources and Services Administration (``HRSA'').
The report from the study was submitted to the Congress in
December 2000, and is entitled ``The Pharmacist Workforce: A
Study in Supply and Demand for Pharmacists''.
(5) The findings described in the HRSA report include the
following:
(A) ``While the overall supply of pharmacists has
increased in the past decade, there has been an
unprecedented demand for pharmacists and for
pharmaceutical care services, which has not been met by
the currently available supply.''
(B) The ``evidence clearly indicates the emergence
of a shortage of pharmacists over the past two years.''
(C) ``The factors causing the current shortage are
of a nature not likely to abate in the near future
without fundamental changes in pharmacy practice and
education.''
(6) In the report, HRSA projects that the number of
prescriptions filled by community pharmacists will increase 20
percent by 2004. In contrast, the number of community
pharmacists is expected to increase only 6 percent by 2005.
(7) The demand for pharmacists will increase as
prescription drug use continues to grow.
(8) The Federal Government has a role and the
responsibility, through programs such as the National Health
Service Corps and programs under title VII of the Public Health
Service Act, to ensure access to pharmacists services. Although
the statutory provisions for the program for the National
Health Service Corps expressly reference physicians, dentists,
certified nurse midwives, certified nurse practitioners, and
physician assistants, there is no statutory reference to
pharmacists. The National Health Service Corps statute should
provide for the significant participation of pharmacists.
SEC. 3. INCLUSION OF PRACTICE OF PHARMACY IN PROGRAM FOR NATIONAL
HEALTH SERVICE CORPS.
(a) Inclusion in Corps Mission.--Section 331(a)(3) of the Public
Health Service Act (42 U.S.C. 254d(a)(3)) is amended--
(1) in subparagraph (D), by adding at the end the
following: ``Such term includes pharmacist services.''; and
(2) by adding at the end the following:
``(E)(i) The term `pharmacist services' includes
medication therapy management services.
``(ii) The term `medication therapy management
services', with respect to pharmacist services,
includes services to assure that medications are used
appropriately by patients; to enhance patients'
understanding of the appropriate use of medications; to
increase patients' adherence to prescription medication
regimens; to reduce the risk of adverse events
associated with medications; and to reduce the need for
other costly medical services through better management
of medication therapy. Such services may include case
management, disease management, drug therapy
management, patient training and education, counseling,
drug therapy problem resolution, medication
administration, the provision of special packaging, or
other services that enhance the use of prescription
medications.''.
(b) Scholarship Program.--Section 338A(a)(1) of the Public Health
Service Act (42 U.S.C. 254l(a)(1)) is amended by inserting
``pharmacists,'' after ``physicians,''.
(c) Loan Repayment Program.--Section 338B(a)(1) of the Public
Health Service Act (42 U.S.C. 254l-1(a)(1)) is amended by inserting
``pharmacists,'' after ``physicians,''.
(d) Funding.--Section 338H(b)(2) of the Public Health Service Act
(42 U.S.C. 254q(b)(2)) is amended--
(1) in subparagraph (A), by inserting before the period the
following: ``, which may include such contracts for individuals
who are in a course of study or program leading to a pharmacy
degree''; and
(2) by adding at the end the following subparagraph:
``(C) Scholarships for first-year study in
pharmacy.--Of the amounts appropriated under paragraph
(1) for a fiscal year, the Secretary shall obligate not
less than 10 percent for the purpose of providing
contracts for scholarships under this subpart to
individuals who are entering the first year of study in
a course of study or program leading to a pharmacy
degree. Amounts obligated under this subparagraph shall
be in addition to amounts obligated under subparagraph
(A).''.
SEC. 4. CERTAIN HEALTH PROFESSIONS PROGRAMS REGARDING PRACTICE OF
PHARMACY.
Part E of title VII of the Public Health Service Act (42 U.S.C.
294n et seq.) is amended by adding at the end the following subpart:
``Subpart 3--Certain Workforce Programs
``SEC. 771. PRACTICING-PHARMACIST WORKFORCE.
``(a) Recruiting and Retaining Students and Faculty.--
``(1) In general.--The Secretary may make awards of grants
or contracts to qualifying schools of pharmacy (as defined in
subsection (f)) for the purpose of carrying out programs for
recruiting and retaining students and teaching faculty for such
schools, including programs to provide scholarships for
attendance at such schools to full-time students who have
financial need for the scholarships and who demonstrate a
commitment to becoming practicing pharmacists or faculty
regarding the practice of pharmacy.
``(2) Preference in providing scholarships.--An award may
not be made under paragraph (1) unless the qualifying school of
pharmacy involved agrees that, in providing scholarships
pursuant to the award, the school will give preference to
students for whom the costs of attending the school would
constitute a severe financial hardship.
``(b) Loan Repayment Program Regarding Faculty Positions.--
``(1) In general.--The Secretary may establish a program of
entering into contracts with individuals described in paragraph
(2) under which the individuals agree to serve as members of
the faculties of qualifying schools of pharmacy in
consideration of the Federal Government agreeing to pay, for
each year of such service, not more than $20,000 of the
principal and interest of the educational loans of such
individuals.
``(2) Eligible individuals.--The individuals referred to in
paragraph (1) are individuals who--
``(A) have a doctoral degree in pharmacy or the
pharmaceutical sciences; or
``(B) are enrolled in a school of pharmacy and are
in the final academic year of such school in a program
leading to such a doctoral degree.
``(3) Requirements regarding faculty positions.--The
Secretary may not enter into a contract under paragraph (1)
unless--
``(A) the individual involved has entered into a
contract with a qualifying school of pharmacy to serve
as a member of the faculty of the school for not less
than 2 years;
``(B) the contract referred to in subparagraph (A)
provides that, in serving as a member of the faculty
pursuant to such subparagraph, the individual will--
``(i) serve full time; or
``(ii) serve as a member of the adjunct
clinical faculty and in so serving will
actively supervise pharmacy students for 25
academic weeks per year (or such greater number
of academic weeks as may be specified in the
contract); and
``(C) such contract provides that--
``(i) the school will, for each year for
which the individual will serve as a member of
the faculty under the contract with the school,
make payments of the principal and interest due
on the educational loans of the individual for
such year in an amount equal to the amount of
such payments made by the Secretary for the
year;
``(ii) the payments made by the school
pursuant to clause (i) on behalf of the
individual will be in addition to the pay that
the individual would otherwise receive for
serving as a member of such faculty; and
``(iii) the school, in making a
determination of the amount of compensation to
be provided by the school to the individual for
serving as a member of the faculty, will make
the determination without regard to the amount
of payments made (or to be made) to the
individual by the Federal Government under
paragraph (1).
``(4) Applicability of certain provisions.--The provisions
of sections 338C, 338G, and 338I shall apply to the program
established in paragraph (1) to the same extent and in the same
manner as such provisions apply to the National Health Service
Corps Loan Repayment Program established in subpart III of part
D of title III, including the applicability of provisions
regarding reimbursements for increased tax liability and
provisions regarding bankruptcy.
``(5) Waiver regarding school contributions.--The Secretary
may waive the requirement established in paragraph (3)(C) if
the Secretary determines that the requirement will impose an
undue financial hardship on the school involved.
``(c) Information Technology.--The Secretary may make awards of
grants or contracts to qualifying schools of pharmacy for the purpose
of assisting such schools in acquiring and installing computer-based
systems to provide pharmaceutical education. Education provided through
such systems may be graduate education, professional education, or
continuing education. The computer-based systems may be designed to
provide on-site education, or education at remote sites (commonly
referred to as distance learning), or both.
``(d) Facilities.--
``(1) In general.--The Secretary may make awards of grants
or contracts to qualifying schools of pharmacy for construction
projects to expand, remodel, renovate, or alter existing
facilities for such schools or to provide new facilities for
the schools.
``(2) Certain restrictions.--An award under paragraph (1)
may not be expended for the costs of acquiring land or for off-
site improvements.
``(3) Recapture of payments.--If, during the 20-year period
beginning on the date of the completion of construction
pursuant to paragraph (1)--
``(A) the school of pharmacy involved, or other
owner of the facility, ceases to be a public or
nonprofit private entity; or
``(B) the facility involved ceases to be used for
the purposes for which it was constructed (unless the
Secretary determines, in accordance with regulations,
that there is good cause for releasing the school or
other owner from such obligation);
the United States is entitled to recover from the school or
other owner of the facility the amount bearing the same ratio
to the current value (as determined by an agreement between the
parties or by action brought in the United States District
Court for the district in which such facility is situated) of
the facility as the amount of the Federal participation bore to
the cost of the construction of such facility.
``(e) Requirement Regarding Education in Practice of Pharmacy.--
With respect to the qualifying school of pharmacy involved, the
Secretary shall ensure that programs and activities carried out with
Federal funds provided under this section have the goal of educating
students to become licensed pharmacists, or the goal of providing for
faculty to educate students to become licensed pharmacists.
``(f) Qualifying School of Pharmacy.--For purposes of this section,
the term `qualifying school of pharmacy' means a school of pharmacy (as
defined in section 799B) that, in providing clinical experience for
students, requires that the students serve in a clinical rotation in
which pharmacist services (as defined in section 331(a)(3)(E)) are
provided at or for--
``(1) a medical facility that serves a substantial number
of individuals who reside in or are members of a medically
underserved community (as so defined);
``(2) an entity described in any of subparagraphs (A)
through (L) of section 340B(a)(4) (relating to the definition
of covered entity);
``(3) a health care facility of the Department of Veterans
Affairs or of any of the Armed Forces of the United States;
``(4) a health care facility of the Bureau of Prisons;
``(5) a health care facility operated by, or with funds
received from, the Indian Health Service; or
``(6) a disproportionate share hospital under section 1923
of the Social Security Act.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2002 through 2006.''.
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