[Congressional Record Volume 162, Number 175 (Tuesday, December 6, 2016)]
[House]
[Pages H7241-H7242]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             ETHICAL PATIENT CARE FOR VETERANS ACT OF 2016

  Mr. ROE of Tennessee. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5399) to amend title 38, United States Code, to 
ensure that physicians of the Department of Veterans Affairs fulfill 
the ethical duty to report to State licensing authorities impaired, 
incompetent, and unethical health care activities.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5399

       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 ``Ethical Patient Care for 
     Veterans Act of 2016''.

     SEC. 2. DUTY TO REPORT IMPAIRED, INCOMPETENT, AND UNETHICAL 
                   HEALTH CARE ACTIVITIES.

       (a) In General.--Subchapter II of chapter 74 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7330B. Duty to report impaired, incompetent, and 
       unethical health care activities

       ``(a) Reporting to State Licensing Authority.--In addition 
     to confidential reporting under the quality-assurance program 
     pursuant to section 7311(b)(4) of this title and any other 
     reporting authorized or required by the Secretary, the 
     Secretary shall ensure that each physician of the Department 
     is informed of the duty of the physician to report directly 
     any covered activity committed by another physician that the 
     physician witnesses or otherwise directly discovers to the 
     applicable licensing authority of each State in which the 
     physician who is the subject of the report is licensed to 
     practice medicine.
       ``(b) Timing of Reporting.--Each physician of the 
     Department shall make a direct report to the State licensing 
     authority of a covered activity under subsection (a) not 
     later than five days after the date on which the physician 
     witnesses or otherwise directly discovers the covered 
     activity.
       ``(c) Definitions.--In this section:
       ``(1) The term `covered activity' means any activity 
     occurring in a medical facility of the Department that 
     consists of or causes the provision of impaired, incompetent, 
     or unethical health care that requires direct reporting under 
     opinion number 9.031 of the Code of Medical Ethics of the 
     American Medical Association.
       ``(2) The term `physician of the Department' includes any 
     contractor who is a physician at a medical facility of the 
     Department.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 7330A the following new item:

``7330B. Duty to report impaired, incompetent, and unethical health 
              care activities.''.
       (c) Conforming Amendment.--Section 7462(a)(1)(A) of such 
     title is amended by inserting before the semicolon the 
     following: ``, including pursuant to section 7330B(c) of this 
     title''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Roe) and the gentleman from California (Mr. Takano) each 
will control 20 minutes.

[[Page H7242]]

  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. ROE of Tennessee. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 5399, the Ethical 
Patient Care for Veterans Act of 2016, which I am proud to sponsor. 
There is no higher priority than ensuring that our Nation's veterans 
receive safe, high-quality care from the Department of Veterans 
Affairs.
  The vast majority of VA employees are upstanding, well-qualified, and 
want nothing more than to do right by the veterans in their care. 
However, in the last several years, we have heard far too many 
instances where VA employees have failed to live up to the standards of 
care that our veterans deserve. In many of those cases, a culture of 
silence or fear of retaliation by supervisors has prevented other 
employees from reporting those transgressions in a timely manner.
  To protect our veterans from poor-performing VA medical 
professionals, H.R. 5399 would require VA to ensure that every VA 
physician is informed of his or her duty to report impaired, 
incompetent, or unethical behavior that the physician witnesses or 
otherwise discovers directly to the applicable State licensing 
authorities within 5 days.
  This is consistent with the longstanding practice of the American 
Medical Association and existing VA policy and would improve the 
quality of care VA provides by making sure that the poor performers, 
those who put the lives and well-being of veteran patients at risk, are 
reported to relevant authorities within a reasonable time frame so that 
the appropriate action can be taken to safeguard the patients in their 
care.
  Mr. Speaker, this is commonsense legislation. More importantly, it is 
the right thing to do for veterans. I urge all of my colleagues to join 
me in supporting this legislation.
  I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 5399, introduced by the gentleman 
from Tennessee, Dr. Roe. This bill would ensure that physicians of the 
Department of Veterans Affairs fulfill the ethical duty to report 
impaired, incompetent, and unethical healthcare activities of their 
colleagues.
  I appreciate the gentleman bringing this issue to our attention. It 
is another instance of the many ethical and legal imperatives that VA 
physicians are under while serving those who have dedicated themselves 
to protect our freedoms.
  All physicians have a duty to report impaired colleagues who continue 
to practice, despite reasonable offers of assistance. This obligation 
appears in professional guidelines and in laws and regulations 
governing the practice of medicine.
  All physicians are accredited by the American Medical Association, 
and their policy states, and I quote: ``Physicians have an ethical 
obligation to report impaired, incompetent, and unethical colleagues.''
  The Federation of State Medical Boards of the United States' policy 
on physician impairment states that physician health programs have ``a 
primary commitment to help state medical boards . . . protect the 
public . . . These programs should demonstrate an ongoing track record 
of ensuring safety to the public and reveal deficiencies if they 
occur.''
  The physicians who care for our veterans take their duties and oaths 
to help their patients very seriously, and I am glad for this 
opportunity to reiterate the topnotch quality care that the VA provides 
each and every day.
  I reserve the balance of my time.
  Mr. ROE of Tennessee. Mr. Speaker, I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield myself the balance of my time.
  In closing, this is one of the final opportunities that I will have 
to discuss veterans legislation on the floor with my colleague, 
Chairman Miller, who appears to have stepped off the floor at the 
moment. I want to offer my sincere gratitude for his leadership on the 
committee.
  I think it is fair to say that we have not always agreed on the best 
path forward, but I think this bill demonstrates our ability, the 
ability of this committee to put aside our differences and get things 
done for America's veterans. The Veterans' Committee has long been a 
model of bipartisanship at a time where cooperation can be hard to come 
by. I appreciate the chairman's commitment to continuing that 
tradition, and I wish him all the best in the next chapter of his 
career.
  I have no further speakers, and I do encourage my colleagues to 
support this legislation and join me in passing H.R. 5399.
  I yield back the balance of my time.
  Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may 
consume.
  I encourage all Members to support this legislation. I have practiced 
medicine for almost 40 years under these same requirements right here, 
and we should expect no less for the care of our veterans. I encourage 
support.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Roe) that the House suspend the rules and 
pass the bill, H.R. 5399.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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