[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4159 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4159

     To amend title 38, United States Code, to establish licensure 
 requirements for employees and contractor personnel of the Department 
of Veterans Affairs performing orthotics services, pedorthics services, 
    or prosthetics services in any State in which there is a State 
licensure requirement for persons performing those services in private 
                               practice.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 2005

      Ms. Ginny Brown-Waite of Florida (for herself, Mr. Neal of 
 Massachusetts, and Ms. Jackson-Lee of Texas) introduced the following 
     bill; which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
     To amend title 38, United States Code, to establish licensure 
 requirements for employees and contractor personnel of the Department 
of Veterans Affairs performing orthotics services, pedorthics services, 
    or prosthetics services in any State in which there is a State 
licensure requirement for persons performing those services in private 
                               practice.

    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 ``Department of Veterans Affairs 
Prosthetics Employees Standards Act of 2005''.

SEC. 2. EMPLOYMENT STANDARDS FOR PROSTHETICS EMPLOYEES AND CONTRACTOR 
              PERSONNEL OF DEPARTMENT OF VETERANS AFFAIRS.

    (a) Professional Standards.--(1) Chapter 74 of title 38, United 
States Code, is amended by inserting after section 7411 the following 
new section:
``Sec. 7412. Orthotics, pedorthics, and prosthetics employees and 
              contractor personnel
    ``(a) Requirement for Observance of State Licensure Requirements.--
The Secretary shall require that an individual may perform orthotics 
services, pedorthics services, or prosthetics services for patients of 
the Department as an employee of the Department, or as an employee of a 
contractor of the Department, at a work site in a State in which there 
is a State licensure requirement applicable to the performance of those 
services in private practice only if the individual is licensed to 
perform those services in accordance with the licensure requirements of 
that State. The purpose of the requirement in the preceding sentence is 
to ensure that veterans receive the same quality of service and 
treatment in orthotics and prosthetics services as the public consumer 
of those services is assured by the State licensure process.
    ``(b) Practitioners Providing Services in More Than One State.--
This section does not require a practitioner who has a license from a 
State to obtain an additional State license when the practitioner is 
providing services covered by the license within a single benefits 
delivery region of the Department and the practitioner the State from 
which the practitioner holds a license has substantially similar 
licensure requirements as other States within that region.
    ``(c) Annual Report to Congress.--The Secretary shall submit to 
Congress an annual report regarding the implementation of this section.
    ``(d) Definitions.--For purposes of this section:
            ``(1) The term `orthotics' means the science that deals 
        with the use of specialized mechanical devices to support or 
        supplement weakened or abnormal joints or limbs.
            ``(2) The term `pedorthics' means the science concerned 
        with the design, manufacture, fit, and modification of foot 
        appliances as prescribed for relief of painful or disabling 
        conditions of the foot.
            ``(3) The term `prosthetics' means the branch of medicine 
        or surgery that deals with the production and application of 
        artificial body parts.
    ``(e) Transition.--During the one-year period beginning on the date 
of the enactment of this section, the Secretary may waive the 
provisions of subsection (a) for any individual who as of that date 
would otherwise be covered by that subsection.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 7411 the 
following new item:

``7412. Orthotics, pedorthics, and prosthetics employees and contractor 
                            personnel.''.
    (b) Effective Date.--The Secretary of Veterans Affairs shall 
prescribe regulations for the purposes of section 7412 of title 38, 
United States Code, as added by subsection (a), not later than 90 days 
after the date of the enactment of this Act.
    (c) Implementation.--The Secretary shall fully implement 
regulations referred to in subsection (b) not later than one year after 
the date of the enactment of this Act.
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