[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2838

      To amend title 38, United States Code, to ensure access to 
   acupuncturist services through the Department of Veterans Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2017

  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 Veterans Affairs.

    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 ``Acupuncture for Our Heroes Act''.

SEC. 2. INCLUSION OF ACUPUNCTURIST SERVICES AT VETERANS HEALTH 
              FACILITIES.

    (a) Acupuncturist Services.--
            (1) In general.--Subchapter II of chapter 17 of title 38, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1720I. Provision of acupuncturist services
    ``(a) In General.--The Secretary shall carry out a program to 
provide acupuncturist services to veterans enrolled in the health care 
system established under section 1705(a) of this title (without the 
requirement of a referral).
    ``(b) Locations.--The program under subsection (a) shall be carried 
out at in at least one facility of the Department in each Veterans 
Integrated Service Network. In selecting such facilities, the Secretary 
shall ensure that the program is carried out in both urban and rural 
areas.
    ``(c) Services Available.--The Secretary shall ensure that the 
acupuncturist services available under the program are able to address, 
at a minimum, the following:
            ``(1) Chronic and acute pain.
            ``(2) Cancer pain.
            ``(3) Postoperative nausea and vomiting.
            ``(4) Postsurgical gastroparesis syndrome.
            ``(5) Opioid-induced constipation.
            ``(6) Opioid-induced pruritus.
            ``(7) Chemotherapy-induced neuropathy.
            ``(8) Aromatase inhibitor-associated joint pain.
            ``(9) Neck dissection-related pain and dysfunction.
            ``(10) Stress management.
            ``(11) Mental health conditions.
            ``(12) Substance abuse.
            ``(13) Symptoms relating to traumatic brain injury and 
        post-traumatic stress.
    ``(d) Administration.--(1) The Secretary shall carry out the 
program through--
            ``(A) qualified acupuncturists appointed as employees of 
        the Department located at medical centers and clinics of the 
        Department; and
            ``(B) through contract qualified acupuncturists if--
                    ``(i) the Secretary is unable to make appointments 
                described in subparagraph (A);
                    ``(ii) a patient requires specialty care that an 
                employee under such subparagraph is not able to provide 
                to the patient; or
                    ``(iii) there is an emergency that requires the use 
                of such a contract acupuncturist.
    ``(2) The Secretary shall provide training and materials to health 
care providers of the Department who provide primary care to veterans 
to explain the benefits of acupuncturist services.
    ``(3) In this section, the term `qualified acupuncturist' means, 
with respect to the furnishing of services in a State, an individual 
who licensed or certified in the State in which the services are 
furnished, or, in the case of services furnished in a State that does 
not provide for such licensure or certification, meets such criteria 
(such as accreditation through an appropriate nationally recognized 
certification authority for acupuncturists) as the Secretary may 
specify. In specifying such requirements, the Secretary may use the 
same requirements as those established by such a certification 
authority.
    ``(e) Regulations.--The Secretary shall prescribe regulations to 
carry out this section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 1720H the following new section:

``1720I. Provision of acupuncturist services.''.
            (3) Conforming amendment.--Section 1701(6) of such title is 
        amended by adding at the end the following new subparagraph:
                    ``(H) Acupuncturist services in accordance with 
                section 1720I of this title.''.
    (b) Advisory Committee.--
            (1) In general.--Subchapter III of chapter 5 of such title 
        is amended by adding at the end the following new section:
``Sec. 547. Advisory committee on acupuncturist services
    ``(a) Acupuncture Advisory Committee.--(1) The Secretary shall 
establish an advisory committee to be known as the `Advisory Committee 
on Acupuncturist Services' (in this section referred to as the 
`Committee') to provide the Secretary with assistance and advice in the 
development and implementation of the program established by section 
1720I of this title.
    ``(2) The Committee shall consist of members appointed by the 
Secretary from the general public, including--
            ``(A) not fewer than five practicing acupuncturists, of 
        which at least four shall be State licensed acupuncturists;
            ``(B) one veteran from each of the Armed Forces; and
            ``(C) not fewer than two representatives from veterans 
        service organizations.
    ``(b) Duties.--The Committee shall--
            ``(1) review and evaluate the ability of a veteran to 
        access an acupuncturist at facilities of the Department;
            ``(2) advise the Secretary with respect to--
                    ``(A) protocols governing direct access to 
                acupuncture care;
                    ``(B) protocols governing the scope of practice of 
                acupuncture practitioners;
                    ``(C) the definitions of services to be provided by 
                acupuncturists; and
                    ``(D) such other matters the Secretary determines 
                appropriate; and
            ``(3) upon the determination of the Secretary that the 
        program of acupuncturist services under section 1720I of this 
        title has been fully implemented, submit to the Secretary a 
        report containing the evaluation of the Committee of the 
        implementation of such program.
    ``(c) Chairman.--The Secretary shall designate one member of the 
Committee to serve as the chairman of the Committee.
    ``(d) Meetings.--The Committee shall meet at the call of the 
Chairman, but not fewer than three times during each fiscal year, 
beginning in the fiscal year following the fiscal year in which this 
section is enacted.
    ``(e) Report.--Following the date on which the Committee submits to 
the Secretary the report under subsection (b)(4), the Secretary shall 
submit to the Committees on Veterans' Affairs of the Senate and the 
House of Representatives a report containing the following:
            ``(1) A copy of the Committee report, together with the 
        comments of the Secretary on the report.
            ``(2) An explanation of the criteria and rationale that the 
        Secretary used to determine that the program of acupuncturist 
        services under section 1720I of this title was fully 
        implemented, as described in such subsection (b)(4).
            ``(3) The views of the Secretary regarding the future 
        implementation of such program.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 546 the following new item:

``547. Advisory committee on acupuncturist services.''.
    (c) Conforming Amendments.--
            (1) Authority for appointments.--Section 7401(1) of title 
        38, United States Code, is amended by inserting 
        ``acupuncturists,'' after ``chiropractors,''.
            (2) Period of appointments.--Section 7403 of such title is 
        amended by adding at the end the following new subparagraph:
                    ``(I) Acupuncturists.''.
            (3) Pay.--Section 7404 of such title is amended by adding 
        at the end the following new subsection:
    ``(f) The position of acupuncturist specified in section 7401(1) of 
this title shall be the grade of GS-12 or higher under the General 
Schedule under section 5332 of title 5.''.
            (4) Malpractice and negligence suits.--Section 7316(a)(2) 
        of such title is amended by inserting ``acupuncturist,'' after 
        ``chiropractor,''.
            (5) Hours and conditions.--Section 7421(b) of such title is 
        amended by adding at the end the following new paragraph:
            ``(9) Acupuncturists.''.
            (6) Effective date.--The amendments made by paragraph (4) 
        apply with respect to services provided on or after the date 
        that is 270 days after the date of enactment of this Act.
                                 <all>