[Congressional Record Volume 145, Number 164 (Thursday, November 18, 1999)]
[Senate]
[Pages S14806-S14809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself, Mr. Harkin, Mr. Inouye, Mr. Reid, 
        and Mr. Johnson):
  S. 1955. A bill to allow patients access to drugs and medical devices 
recommended and provided by health care practitioners that are not 
approved by the Food and Drug Administration, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.


                    Access to Medical Treatment Act

  Mr. DASCHLE. Mr. President, today I am introducing the Access to 
Medical Treatment Act. I am pleased to be joined by Senators Harkin, 
Reid, Inouye and Johnson in this effort to increase individuals' 
freedom of choice in health care.
  At the outset, I want to extend my thanks to my friend Berkley 
Bedell, who formerly represented the 6th District of Iowa, for first 
bringing this issue to my attention and for his assistance in 
developing this bill. Berkley Bedell has experienced first-hand the 
life-saving potential of alternative treatments. His story underscores 
the need for the legislation I am introducing today and the importance 
of a national debate on ways to promote consumer choice and expand 
access to promising new medical treatments.
  American consumers have already voted for expanded access to 
alternative treatments with their feet and their pocket-books. The 
Journal of the American Medical Association recently published a study 
by David Eisenberg and others that found that Americans spent nearly 
$27 billion on alternative therapies in 1997. Americans made more 
visits to alternative practitioners--a total of 629 million--than to 
primary care doctors. Expenditures for alternative medicine 
professional services increased 45.2 percent between 1990 and 1997 to 
$21.2 billion. Some type of alternative therapy is used by 46.3 percent 
of the American population.
  Alternative therapies are also being incorporated into mainstream 
medical programs and practice. The curriculum of at least 22 of the 
nation's 125 medical schools include courses on alternative medicine. 
The National Institutes of Health now has a Center for Complementary 
and Alternative Medicine where work is underway to expand our knowledge 
of alternative therapies and their safe and effective use.
  Despite the growing reliance on many types of alternative medicine, 
other alternative therapies remain unavailable because they do not fit 
the categories already carved out by Congress for exemption from the 
requirement to gain FDA approval. My bill would increase access to 
treatments that would normally be regulated by the FDA, but have not 
yet undergone the expensive and lengthy process currently required to 
gain FDA approval.
  Given the popularity of alternative medicine among the American 
public and its growing acceptance among traditional medical 
practitioners, it would seem logical to remove some of the access 
barriers that consumers face when seeking certain alternative 
therapies. The time and expense currently required to gain FDA approval 
both discourages the exploration of innovative, life-saving treatments 
by individual practitioners, scientists and smaller companies and 
limits patient access to low-cost treatments.
  Mr. President, the Access to Medical Treatment Act proposes one way 
to expand freedom of choice for medical consumers under carefully 
controlled situations. It asserts that individuals--especially those 
who face life-threatening afflictions for which conventional treatments 
have proven ineffective--should have the option of trying an 
alternative treatment, so long as they have been fully informed of the 
nature of the treatment, potential side effects, and given any other 
information necessary to meet carefully-crafted informed consent 
requirements. This is a choice that is rightly made by the consumer, 
and not dictated by the

[[Page S14807]]

Federal government. All treatments sanctioned by this Act must be 
prescribed by an authorized health care practitioner who has personally 
examined the patient. The practitioner must fully disclose all 
available information about the safety and effectiveness of any medical 
treatment, including questions that remain unanswered because the 
necessary research has not been conducted. Patients must be informed of 
any possible side effects or interactions with other drugs.
  The bill carefully restricts the ability of practitioners to 
advertise or market unapproved drugs or devices or to profit 
financially from prescribing alternative medicine. This provision was 
included to ensure that practitioners keep the best interests of 
patients in mind and to retain incentives for seeking FDA approval. If 
an individual or a company wants to earn a profit from a product, they 
would be wise to go through the standard FDA approval process.
  The bill protects patients by requiring practitioners to report any 
adverse reaction that could potentially have been caused by an 
unapproved drug or medical device. If an adverse reaction is reported, 
manufacture and distribution of the drug must cease pending a thorough 
investigation. If it is determined that the adverse reaction was caused 
by the drug or medical device, as a part of a total recall, the 
Secretary of the Department of Health and Human Services, along with 
the manufacturer, has the duty to inform all health care practitioners 
to whom the drug or device has been provided.
  This legislation will help build a knowledge base regarding 
alternative treatments by requiring practitioners to report on 
effectiveness. This is critical because current information available 
about the effectiveness of many promising treatments is inadequate. The 
information generated through this Act will begin to reverse this 
reality, particularly because information will be collected and 
analyzed by the Center for Alternative Medicine at the National 
Institutes of Health.
  In essence, this legislation addresses the fundamental balance 
between two seemingly irreconcilable interests: the protection of 
patients from dangerous and ineffective treatments and the preservation 
of the consumers' freedom to choose alternative therapies. The 
complexity of this policy challenge should not discourage us from 
seeking to solve it. I am convinced that the public good will be served 
by a serious attempt to reconcile these contradictory interests, and I 
am hopeful the discussion generated by introduction of this legislation 
will help point the way to its resolution.
  Mr. President, this legislation represents an honest attempt to focus 
serious attention on the value of alternative treatments and overcome 
current obstacles to their safe development and utilization.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
       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 ``Access to Medical Treatment 
     Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Adulterated.--The term ``adulterated'' means any 
     unapproved drug or medical device that in whole or part 
     consists of any filthy, putrid, or decomposed substance that 
     has been prepared, packed, or held under unsanitary 
     conditions where such drug or device may have been 
     contaminated with such filthy, putrid, or decomposed 
     substance and be injurious to health.
       (2) Advertising claim.--The term ``advertising claim'' 
     means any representation made or suggested by statement, 
     word, device, sound, or any combination thereof with respect 
     to medical treatment.
       (3) Costs.--The term ``costs'' means a charge to patients 
     equal to the amount necessary to recover expenses for making 
     or obtaining the unapproved drug or medical device and 
     providing for its transport to the health care practitioner.
       (4) Danger.--The term ``danger'' means an adverse reaction, 
     to an unapproved drug or medical device, that used as 
     directed--
       (A) causes serious harm to the patient in a case in which 
     such harm would not have otherwise occurred; or
       (B) causes harm that is more serious than side effects for 
     drugs or medical devices approved by the Federal Food and 
     Drug Administration for the same disease or condition.
       (5) Drug.--The term ``drug'' has the same meaning given 
     that term in section 201(g)(1) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321(g)(1)).
       (6) Health care practitioner.--The term ``health care 
     practitioner'' means a physician or other individual who is a 
     provider of health care, who is authorized under the law of a 
     State to prescribe drugs or devices.
       (7) Interstate commerce.--The term ``interstate commerce'' 
     means commerce between any State or Territory and any place 
     outside thereof, and commerce within the District of Columbia 
     or within any other Territory not organized with a 
     legislative body.
       (8) Legal representative.--The term ``legal 
     representative'' means a parent or other person who qualifies 
     as a legal guardian under State law.
       (9) Medical device.--The term ``medical device'' has the 
     same meaning given the term ``device'' in section 201(h) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
       (10) Patient.--The term ``patient'' means any person who 
     seeks medical treatment from a health care practitioner for a 
     disease or health condition.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Health and Human Services.
       (12) Unapproved drug or medical device.--The term 
     ``unapproved'', with respect to a drug or medical device, 
     means a drug or medical device that is not approved or 
     authorized for manufacture, sale, and distribution in 
     interstate commerce under section 505, 513, or 515 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360c, 
     and 360e) or under section 351 of the Public Health Service 
     Act (42 U.S.C. 201).

     SEC. 3. ACCESS TO MEDICAL TREATMENT.

       (a) In General.--Notwithstanding sections 501(a)(2)(B), 
     501(e) through 501(h), 502(f)(1), 505, 513, and 515 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351(a)(2)(B), 
     351(e) through 351(h), 352(f)(1), 355, 360c, and 360e) and 
     section 351 of the Public Health Service Act (42 U.S.C. 201) 
     or any other provision of Federal law, a patient may receive, 
     and a health care practitioner may provide or administer, any 
     unapproved drug or medical device that the patient desires or 
     the legal representative of the patient authorizes if--
       (1) the unapproved drug or medical device is recommended by 
     a health care practitioner within that practitioner's scope 
     of practice under State law;
       (2) the provision or administration of the unapproved drug 
     or medical device is not a violation of the laws of the State 
     or States in which the activity is carried out; and
       (3) the health care practitioner abides by all of the 
     requirements in subsection (b).
       (b) Requirements.--A health care practitioner may 
     recommend, provide or administer any unapproved drug or 
     medical device for a patient, pursuant to subsection (a), if 
     that practitioner--
       (1) does not violate State law by providing or 
     administering the unapproved drug or medical device;
       (2) does not violate the Controlled Substances Act (21 
     U.S.C. 801 et seq.) by providing or administering the 
     unapproved drugs;
       (3) has concluded based on generally accepted principles 
     and current information that the unapproved drug or medical 
     device, when used as directed, will not cause a danger to the 
     patient;
       (4) provides the recommendation under circumstances that 
     give the patient sufficient opportunity to consider whether 
     or not to use such a drug or medical device and that minimize 
     the possibility of coercion or undue influence by the health 
     care practitioner;
       (5) discloses to the patient any financial interest that 
     such a practitioner may have in the drug or medical device;
       (6) has informed the patient in writing, prior to 
     recommending, providing, or administering the unapproved drug 
     or medical device--
       (A) that the unapproved drug or medical device is not 
     approved by the Secretary as safe and effective for the 
     condition of the patient and is considered experimental;
       (B) of the foreseeable risks and benefits of the unapproved 
     drug or medical device, including any risk to an embryo or 
     fetus, and expected possible side effects or discomforts that 
     the patient may experience and any medical treatment 
     available if side affects occur;
       (C) of any appropriate alternative procedures or courses of 
     treatment (including procedures or courses of treatment that 
     may involve the use of a drug or medical device that has been 
     approved by the Food and Drug Administration), if any, that 
     may be advantageous for the patient's condition;
       (D) of any interactions the unapproved drug or medical 
     device may have with other drugs, if any;
       (E) of the active and inactive ingredients of the 
     unapproved drug and the mechanism of action of the medical 
     device, if known;
       (F) of the health condition for which the unapproved drug 
     or medical device is provided, the method of administration 
     that will be used, and the unit dose;
       (G) of the procedures that will be employed by the health 
     care practitioner in using such a drug or medical device;

[[Page S14808]]

       (H) of the extent, if any, to which confidentiality of 
     records identifying the patient will be maintained;
       (I) for use of such a drug or medical device involving more 
     than minimal risk, of the treatments available if injury 
     occurs, what such treatments involve, and where additional 
     information regarding such treatments may be obtained;
       (J) of any anticipated circumstances under which the 
     patient's use of such a drug or medical device may be 
     terminated by the health care practitioner without regard to 
     the patient's consent;
       (K) that the use of an such a drug or medical device is 
     voluntary and that the patient may suspend or terminate 
     treatment at any time;
       (L) of the consequences of a patient's decision to withdraw 
     from the use of such a drug or medical device;
       (M) if any information described in subparagraphs (A) 
     through (L) cannot be provided by the health care 
     practitioner because such information is not known at the 
     time the practitioner provides or administers such drug or 
     medical device, that such information cannot be provided by 
     the practitioner; and
       (N) of any other information or disclosures required by 
     applicable State law for the administration of experimental 
     drugs or medical devices to human subjects;
       (7) has not made, except as provided in subsection (d), any 
     advertising claims for the unapproved drug or medical device;
       (8) does not impose a charge for the unapproved drug or 
     medical device in excess of costs;
       (9) complies with requirements for reporting a danger in 
     section 4; and
       (10) has received a signed affidavit from the patient or 
     the patient's legal representative confirming that the 
     patient or the legal representative--
       (A) has received the written information required by this 
     subsection and understands it; and
       (B) desires treatment with the unapproved drug or medical 
     device as recommended by the health care practitioner.
       (c) Mandatory Disclosure.--Any manufacturer of an 
     unapproved drug or medical device shall disclose, to any 
     health care practitioner that has received such drug or 
     medical device from such manufacturer, all information 
     available to such manufacturer regarding such drug or medical 
     device to enable such practitioner to comply with the 
     requirements of subsection (b)(3) and make a determination 
     regarding the danger posed by such drug or medical device. 
     Compliance with this subsection shall not constitute a 
     violation of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 301 et seq.).
       (d) Advertising Claims Exception.--Subsection (b)(7) shall 
     not apply to a health care practitioner's dissemination of 
     information on the results of the practitioner's 
     administration of the unapproved drug or medical device in a 
     peer-reviewed journal, through academic or professional 
     forums, or through statements by a practitioner to a patient. 
     Subsection (b)(7) shall not apply to any accurate and 
     truthful statement made in person by a health care 
     practitioner to an individual or a prospective patient.

     SEC. 4. CESSATION OF USE, AND REPORTING OF, DANGEROUS DRUGS 
                   AND MEDICAL DEVICES.

       (a) Duty To Protect Patient.--If a health care practitioner 
     discovers that an unapproved drug or medical device causes a 
     danger to a patient, the practitioner shall immediately cease 
     use and recommendation of the unapproved drug or medical 
     device and provide to the manufacturer of the unapproved drug 
     or medical device and the Director of the Centers for Disease 
     Control and Prevention--
       (1) a written evaluation of the patient's medical condition 
     before and after administration of the unapproved drug or 
     medical device;
       (2) a written evaluation of the adverse reaction, including 
     its physiological manifestations, duration, and the effect of 
     cessation of treatment upon the patient's condition;
       (3) any other information the health care practitioner 
     deems pertinent to an evaluation of the adverse reaction;
       (4) the name, occupation, business address, and business 
     telephone number of the physician;
       (5) the name of the unapproved drug or medical device and a 
     description of the method of administration and operation, 
     dosage, and duration of treatment;
       (6) the lot number, if any, of the unapproved drug or 
     medical device; and
       (7) an affidavit pursuant to section 1746 of title 28, 
     United States Code, confirming that all statements made to 
     the manufacturer are accurate.
       (b) Manufacturer's Duty To Report.--Any manufacturer of an 
     unapproved drug or medical device that receives information 
     provided under subsection (a) shall immediately--
       (1) cease sale and distribution of the unapproved drug or 
     medical device pending completion of an investigation to 
     determine the actual cause of the danger;
       (2) notify all health care practitioners to whom the 
     manufacturer has provided the unapproved drug or medical 
     device of the information provided to the manufacturer under 
     subsection (a); and
       (3) report to the Secretary in writing that an unapproved 
     drug or medical device (identified by name, known method of 
     operation, unit dose, and intended use) that the manufacturer 
     provided to a health care practitioner for administration 
     under this Act has been reported to be a danger to a patient 
     and confirming that the manufacturer--
       (A) has ceased sale and distribution of the unapproved drug 
     or medical device pending completion of an investigation to 
     determine the actual cause of the danger; and
       (B) has notified health care practitioners to which the 
     unapproved drug or medical device has been sent of the 
     information it has received.
       (c) Investigation.--
       (1) In general.--The Director of the Centers for Disease 
     Control and Prevention, upon receipt of the information 
     described in subsection (a), shall conduct an investigation 
     of the unapproved drug or medical device that a health care 
     practitioner has determined to cause a danger to a patient in 
     order to make a determination of the actual cause of such 
     danger.
       (2) Report to Secretary.--The Director of the Centers for 
     Disease Control and Prevention shall prepare and submit a 
     report to the Secretary regarding the determination made 
     under paragraph (1), including a determination concerning 
     whether the unapproved drug or medical device is or is not 
     the actual cause of danger or whether the actual cause of 
     danger cannot be determined.
       (3) Duty of Secretary.--Upon receipt of the report 
     described in paragraph (2), the Secretary shall--
       (A) if the Director of the Centers for Disease Control and 
     Prevention determines that the cause of such danger is the 
     unapproved drug or medical device, direct the manufacturer of 
     such drug or medical device to--
       (i) cease manufacture, sale, and distribution of such drug 
     or medical device; and
       (ii) notify all health care practitioners to whom the 
     manufacturer has provided such drug or medical device to 
     cease using or recommending such drug or medical device, and 
     to return such drug or medical device to the manufacturer as 
     part of a complete recall;
       (B) if the Director of the Centers for Disease Control and 
     Prevention determines that the cause of such danger is not 
     such drug or medical device, direct the manufacturer of such 
     drug or medical device to inform all health care 
     practitioners to whom the manufacturer has provided such drug 
     or medical device of such a determination; and
       (C) if the Director of the Centers of Disease Control and 
     Prevention cannot determine the cause of the danger, direct 
     the manufacturer of the drug or medical device to inform all 
     health care practitioners to whom the manufacturer has 
     provided such drug or medical device of such a determination.
       (d) Secretary's Duty To Inform.--Upon receipt of the report 
     described in subsection (b)(3), the Secretary shall promptly 
     disseminate information concerning the danger to all health 
     care practitioners in the United States, to the Director of 
     the National Center for Complementary and Alternative 
     Medicine, and to agencies of the States that have 
     responsibility for regulating unsafe or adulterated drugs and 
     medical devices.

     SEC. 5. REPORTING OF RESULTS OF UNAPPROVED DRUGS AND MEDICAL 
                   DEVICES.

       (a) Reporting of Results.--If a health care practitioner 
     provides or administers an unapproved drug or medical device, 
     that in the opinion of the health care practitioner, produces 
     results that are more beneficial than results produced from 
     any drug or medical device approved by the Food and Drug 
     Administration, or produces other results regarding the 
     effectiveness of the treatment relative to treatments 
     approved by the Food and Drug Administration for the same 
     condition, the practitioner shall provide to the 
     manufacturer--
       (1) the results of the administration of the drug or 
     device;
       (2) a written evaluation of the patient's medical condition 
     before and after administration of the unapproved drug or 
     medical device;
       (3) the name, occupation, business address, and business 
     telephone number of the physician;
       (4) the name of the unapproved drug or medical device and a 
     description of the method of operation and administration, 
     dosing, and duration of treatment; and
       (5) an affidavit pursuant to section 1746 of title 28, 
     United States Code, confirming that all statements made to 
     the manufacturer are accurate.
       (b) Manufacturer's Duty To Report.--Any manufacturer of an 
     unapproved drug or medical device that receives information 
     under subsection (a) shall provide to the Director of the 
     National Center for Complementary and Alternative Medicine--
       (1) a complete copy of the information;
       (2) the name, business address, and business telephone 
     number of the manufacturer;
       (3) the name, business address, and business telephone 
     number of the health care practitioner who supplied 
     information to the manufacturer;
       (4) the name of the unapproved drug or medical device;
       (5) the known method of operation and administration of the 
     unapproved drug or medical device;
       (6) the per unit dose; and
       (7) the intended use of the unapproved drug or medical 
     device.
       (c) Director's Duty To Make Public.--The Director of the 
     National Center for Complementary and Alternative Medicine 
     shall review and analyze information received pursuant to 
     subsection (b) about an unapproved

[[Page S14809]]

     drug or medical device and make available, on an Internet 
     website and in writing upon request by any individual, an 
     annual review and analysis of such information, and include a 
     statement that such drug or medical device is not approved by 
     the Food and Drug Administration.

     SEC. 6. OTHER LAWS NOT AFFECTED BY THIS ACT.

       This Act shall not be construed to have any effect on 
     section 503A of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 353a) nor does this Act supersede any law of a State 
     or political subdivision of a State, including laws governing 
     rights and duties among health care practitioners and 
     patients. This Act shall also not apply to statements or 
     claims permitted or authorized under sections 403 and 403B of 
     such Act (21 U.S.C. 343, 343-2). This Act shall not in any 
     way adversely affect the distribution and marketing of 
     vitamins and supplements.

     SEC. 7. AUTHORIZED ACTIVITIES OF HEALTH CARE PRACTITIONERS.

       (a) Introduction in Interstate Commerce.--To the extent 
     necessary to comply with this Act, a health care practitioner 
     may--
       (1) introduce an unapproved drug or medical device into 
     interstate commerce;
       (2) deliver an unapproved drug or medical device for 
     introduction into such commerce;
       (3) transport an unapproved drug or medical device in such 
     commerce;
       (4) receive an unapproved drug or medical device in such 
     commerce and deliver the unapproved drug or medical device; 
     and
       (5) hold an unapproved drug or medical device for sale 
     after shipment of the unapproved drug or medical device in 
     such commerce.
       (b) Rule of Construction.--This Act shall not be construed 
     to limit or interfere with the authority of a health care 
     practitioner to prescribe, recommend, provide or administer 
     to a patient for any condition or disease any unapproved drug 
     or medical device lawful under the law of the State or States 
     in which the health care practitioner practices.

     SEC. 8. PENALTY.

       A health care practitioner or manufacturer found to have 
     knowingly violated this Act shall be denied coverage under 
     this Act.

  Mr. HARKIN. Mr. President, I am pleased to join Senator Daschle today 
for the introduction of the Access to Medical Treatment Act. This bill 
will allow greater freedom of choice and increased access in the realm 
of medical treatments, while preventing abuses of unscrupulous 
entrepreneurs. The Access to Medical Treatment Act allows individual 
patients and their properly licensed health care provider to use 
certain alternative and complementary therapies not approved by the 
Food and Drug Administration (FDA).
  Mr. President, we have made several important changes to the 
legislation from last Congress.
  We have improved the informed consent protections for patients by 
modeling them after the NIH's human subject protection regulations. The 
patient must be fully informed, orally and in writing of: the nature, 
content and methods of the medical treatment; that the treatment is not 
approved by the FDA; the anticipated benefits AND risks of the 
treatment; any reasonably foreseeable side effects that may result; the 
results of past applications of the treatment by the health care 
provider and others; the comparable benefits and risks of any available 
FDA-approved treatment conventionally used for the patient's condition; 
and any financial interest the provider has in the product.
  Providers and manufacturers are required to report to the Centers for 
Disease Control and Prevention (CDC) any adverse effects, and must 
immediately cease use and manufacture of the product, pending a CDC 
investigation. The CDC is required to conduct an investigation of any 
adverse effects, and if the product is shown to cause any danger to 
patients, the physician and manufacturers are required to immediately 
inform all providers who have been using the product of the danger.
  Our legislation ensures the public's access to reliable information 
about complementary and alternative therapies by requiring providers 
and manufacturers to report the results of the use of their product to 
the National Center for Complementary and Alternative Medicine at NIH, 
which is then required to compile and analyze the information for an 
annual report.
  In addition, the provider and manufacturer may make no advertising 
claims regarding the safety and effectiveness of the treatment of 
therapy, and FDA has the authority to determine that the labeling of 
the treatment is not false or misleading.
  Mr. President, this legislation preserves the consumer's freedom to 
choose alternative therapies while addressing the fundamental concern 
of protecting patients from dangerous treatments and those who would 
advocate unsafe and ineffective therapies.
  It wasn't long ago that William Roentgen was afraid to publish his 
discovery of X-rays as a diagnostic tool. He knew they would be 
considered an ``alternative medical practice'' and widely rejected by 
the medical establishment. As everyone knows, X-rays are a common 
diagnostic tool today. Well into this century, many scientists resisted 
basic antiseptic techniques as quackery because they refused to accept 
the germ theory of disease. I think we can all be thankful the medical 
profession came around on that one.
  In addition, the Office of Technology Assessment reported in a 1978 
study that only about 25 percent of the practices of mainstream 
medicine were based on scientific evidence. And there is little 
evidence that has changed in the past two decades.
  Today's consumers want alternatives. They want less invasive, less 
expensive preventive options. Americans want to stay healthy. And they 
are speaking with their feet and their pocketbooks. Mr. President, 
Americans spend $30 billion annually on unconventional therapies. 
According to a recent survey published in the Journal of the American 
Medical Association (JAMA), nearly one-half of Americans use some kind 
of complementary and alternative medicine. These practices, which range 
from acupuncture, to chiropractic care, to naturopathic, herbal and 
homeopathic remedies, are not simply complementary and alternative, but 
integral to how millions of Americans manage their health and treat 
their illnesses.
  This legislation simply provides patients the freedom to use--with 
strong consumer protections--the complementary and alternative 
therapies and treatments that have the potential to relieve pain and 
cure disease. I thank Senator Daschle for his leadership on this issue, 
and urge my colleagues to cosponsor this bill.
                                 ______