[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2914 Introduced in Senate (IS)]

<DOC>






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 Veterans Affairs, and 
                          for other purposes.

    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 of 
2019''.

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. 1720J. Provision of acupuncturist services
    ``(a) In General.--The Secretary shall carry out a program to 
provide acupuncturist services to veterans enrolled in the patient 
enrollment system of the Department under section 1705(a) of this title 
(without the requirement of a referral).
    ``(b) Locations.--(1) The program under subsection (a) shall be 
carried out in at least one facility of the Department in each Veterans 
Integrated Service Network.
    ``(2) In selecting facilities under paragraph (1), the Secretary 
shall ensure that the program is carried out in both urban and rural 
areas.
    ``(3) If a Veterans Integrated Service Network includes a State 
without a full-service medical center, the Secretary shall carry out 
the program at a facility within that State.
    ``(c) Services Available.--The Secretary shall ensure that the 
acupuncturist services available under the program under subsection (a) 
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 under subsection (a) through--
            ``(A) qualified acupuncturists appointed as employees of 
        the Department located at medical centers and clinics of the 
        Department; and
            ``(B) qualified acupuncturists under contracts 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 subsection, the term `qualified acupuncturist' means, 
with respect to the furnishing of services in a State, an individual 
who is 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 subchapter is amended by inserting after the 
        item relating to section 1720I the following new item:

``1720J. Provision of acupuncturist services.''.
            (3) Conforming amendment.--Section 1701(6) of such title is 
        amended by adding at the end the following new subparagraph:
                    ``(I) Acupuncturist services in accordance with 
                section 1720J 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)(A) The Secretary shall 
establish an advisory committee to provide the Secretary with 
assistance and advice in the development and implementation of the 
program under section 1720J of this title.
    ``(B) The advisory committee established under subparagraph (A) 
shall be known as the `Advisory Committee on Acupuncturist Services' 
(in this section referred to as the `Committee').
    ``(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 not fewer than 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 as the Secretary 
                determines appropriate; and
            ``(3) upon the determination of the Secretary that the 
        program of acupuncturist services under section 1720J of this 
        title has been fully implemented, submit to the Secretary a 
        report containing the evaluation of the Committee on 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.--After the Committee submits to the Secretary the 
report under subsection (b)(3), the Secretary shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of 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 1720J of this title was fully 
        implemented, as described in subsection (b)(3).
            ``(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 subchapter 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(a)(2) 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 at the grade of GS-12 or higher under the General 
Schedule under section 5332 of title 5.''.
            (4) Malpractice and negligence suits.--
                    (A) In general.--Section 7316(a)(2) of such title 
                is amended by inserting ``acupuncturist,'' after 
                ``chiropractor,''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall apply with respect to services 
                provided on or after the date that is 270 days after 
                the date of the enactment of this Act.
            (5) Hours and conditions.--Section 7421(b) of such title is 
        amended by adding at the end the following new paragraph:
            ``(9) Acupuncturists.''.
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