[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1806 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1806

     To amend the Public Health Service Act with respect to health 
        professions programs regarding the practice of pharmacy.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 11, 2001

 Mr. Reed (for himself, Mr. Enzi, Mr. Johnson, Mr. Chafee, Mr. Graham, 
Ms. Collins, Ms. Landrieu, Mr. Hutchinson, Mr. Inouye, Mr. Cochran, and 
Mr. Wellstone) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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.

    Congress makes the following findings:
            (1) Pharmacists are an important link in our Nation's 
        health care system. A critical shortage of pharmacists is 
        threatening the ability of pharmacies to continue to provide 
        important prescription related services.
            (2) In the landmark report entitled ``To Err is Human: 
        Building a Safer Health System'', the Institute of Medicine 
        reported that medication errors can be partially attributed to 
        factors that are indicative of a shortage of pharmacists (such 
        as too many customers, numerous distractions, and staff 
        shortages).
            (3) Congress acknowledged in the Healthcare Research and 
        Quality Act of 1999 (Public Law 106-129) 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) As a result of Congress' concern about how a shortage 
        of pharmacists would impact the public health, the Secretary of 
        Health and Human Services published a report entitled ``The 
        Pharmacist Workforce: A Study in Supply and Demand for 
        Pharmacists'' in December of 2000.
            (5) ``The Pharmacist Workforce: A Study in Supply and 
        Demand for Pharmacists'' found that ``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'' and that the ``evidence clearly indicates 
        the emergence of a shortage of pharmacists over the past two 
        years''.
            (6) The same study also found that ``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.'' The study projects that the number of 
        prescriptions filled by community pharmacists will increase by 
        20 percent by 2004. In contrast, the number of community 
        pharmacists is expected to increase by only 6 percent by 2005.
            (7) The demand for pharmacists will increase as 
        prescription drug use continues to grow.

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 
                drug therapy management services furnished by a 
                pharmacist, individually or on behalf of a pharmacy 
                provider, and such services and supplies furnished 
                incident to the pharmacist's drug therapy management 
                services, that the pharmacist is legally authorized to 
                perform (in the State in which the individual performs 
                such services) in accordance with State law (or the 
                State regulatory mechanism provided for by State 
                law).''.
    (b) Scholarship Program.--Section 338A of the Public Health Service 
Act (42 U.S.C. 254l) is amended--
            (1) in subsection (a)(1), by inserting ``pharmacists,'' 
        after ``physicians,''; and
            (2) in subsection (b)(1), by inserting ``pharmacy'' after 
        ``dentistry,''.
    (c) Loan Repayment Program.--Section 338B of the Public Health 
Service Act (42 U.S.C. 254l-1) is amended--
            (1) in subsection (a)(1), by inserting ``pharmacists,'' 
        after ``physicians,''; and
            (2) in subsection (b)(1), by inserting ``pharmacy,'' after 
        ``dentistry,''.
    (d) Funding.--Section 338H(b)(2) of the Public Health Service Act 
(42 U.S.C. 254q(b)(2)) is amended 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''.

SEC. 4. CERTAIN HEALTH PROFESSIONS PROGRAMS REGARDING PRACTICE OF 
              PHARMACY.

    (a) In General.--Part E of title VII of the Public Health Service 
Act (42 U.S.C. 294n et seq.) is amended--
            (1) by redesignating section 770 as section 771; and
            (2) 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 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.
            ``(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.--The Secretary may award grants under section 
1610 for construction projects to expand, remodel, renovate, or alter 
existing facilities for qualifying schools of pharmacy or to provide 
new facilities for the schools.
    ``(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 recruit, retain, and educate students to become licensed 
pharmacists.
    ``(f) Qualifying School of Pharmacy.--For purposes of this section, 
the term `qualifying school of pharmacy' means a college or 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.''.
    (b) Technical and Conform Amendments.--Section 1610(a) of the 
Public Health Service Act (42 U.S.C. 300r(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) in clause (i), by striking ``or'' at 
                        the end thereof;
                            (ii) in clause (ii), by striking the period 
                        and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(iii) expand, remodel, renovate, or alter existing 
        facilities for qualifying schools of pharmacy or to provide new 
        facilities for the schools in accordance with section 
        771(d).'';
                    (B) in subparagraph (B)--
                            (i) in clause (i), by striking ``and'' at 
                        the end thereof;
                            (ii) in clause (ii)(II), by striking the 
                        period and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(iii) a qualifying school of pharmacy (as defined in 
        section 771(f)).'';
            (2) by striking the first sentence of paragraph (3) and 
        inserting the following: ``There are authorized to be 
        appropriated for grants under paragraph (1)(A)(iii), such sums 
        as may be necessary.''; and
            (3) by adding at the end the following:
            ``(4) Recapture of payments.--If, during the 20-year period 
        beginning on the date of the completion of construction 
        pursuant to a grant under paragraph (1)(A)(iii)--
                    ``(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.''.
                                 <all>