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Introduced in House	2,553	n/a	n/a
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Engrossed in House	2,404	21	15%
Referred in Senate	2,400	5 Show Changes Hide Changes	1%

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HR 756 EHRFSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 756CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To amend the Public Health Service Act with respect to pain care.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘National Pain Care Policy Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Institute of Medicine Conference on Pain.CommentsClose CommentsPermalink





Sec. 3. Pain research at National Institutes of Health.CommentsClose CommentsPermalink





Sec. 4. Pain care education and training.CommentsClose CommentsPermalink





Sec. 5. Public awareness campaign on pain management.CommentsClose CommentsPermalink

SEC. 2. INSTITUTE OF MEDICINE CONFERENCE ON PAIN.

(a) Convening- Not later than June 30, 2010, the Secretary of Health and Human Services shall seek to enter into an agreement with the Institute of Medicine of the National Academies to convene a Conference on Pain (in this section referred to as ‘the Conference’).CommentsClose CommentsPermalink





(b) Purposes- The purposes of the Conference shall be to--CommentsClose CommentsPermalink





(1) increase the recognition of pain as a significant public health problem in the United States;CommentsClose CommentsPermalink





(2) evaluate the adequacy of assessment, diagnosis, treatment, and management of acute and chronic pain in the general population, and in identified racial, ethnic, gender, age, and other demographic groups that may be disproportionately affected by inadequacies in the assessment, diagnosis, treatment, and management of pain;CommentsClose CommentsPermalink





(3) identify barriers to appropriate pain care, including--CommentsClose CommentsPermalink





(A) lack of understanding and education among employers, patients, health care providers, regulators, and third-party payors;CommentsClose CommentsPermalink





(B) barriers to access to care at the primary, specialty, and tertiary care levels, including barriers--CommentsClose CommentsPermalink





(i) specific to those populations that are disproportionately undertreated for pain;CommentsClose CommentsPermalink





(ii) related to physician concerns over regulatory and law enforcement policies applicable to some pain therapies; andCommentsClose CommentsPermalink





(iii) attributable to benefit, coverage, and payment policies in both the public and private sectors; andCommentsClose CommentsPermalink





(C) gaps in basic and clinical research on the symptoms and causes of pain, and potential assessment methods and new treatments to improve pain care; andCommentsClose CommentsPermalink





(4) establish an agenda for action in both the public and private sectors that will reduce such barriers and significantly improve the state of pain care research, education, and clinical care in the United States.CommentsClose CommentsPermalink





(c) Other Appropriate Entity- If the Institute of Medicine declines to enter into an agreement under subsection (a), the Secretary of Health and Human Services may enter into such agreement with another appropriate entity.CommentsClose CommentsPermalink





(d) Report- A report summarizing the Conference’s findings and recommendations shall be submitted to the Congress not later than June 30, 2011.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- For the purpose of carrying out this section, there is authorized to be appropriated $500,000 for each of fiscal years 2010 and 2011.CommentsClose CommentsPermalink

SEC. 3. PAIN RESEARCH AT NATIONAL INSTITUTES OF HEALTH.

Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 409J. PAIN RESEARCH.

‘(a) Research Initiatives-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Director of NIH is encouraged to continue and expand, through the Pain Consortium, an aggressive program of basic and clinical research on the causes of and potential treatments for pain.CommentsClose CommentsPermalink





‘(2) ANNUAL RECOMMENDATIONS- Not less than annually, the Pain Consortium, in consultation with the Division of Program Coordination, Planning, and Strategic Initiatives, shall develop and submit to the Director of NIH recommendations on appropriate pain research initiatives that could be undertaken with funds reserved under section 402A(c)(1) for the Common Fund or otherwise available for such initiatives.CommentsClose CommentsPermalink





‘(3) DEFINITION- In this subsection, the term ‘Pain Consortium’ means the Pain Consortium of the National Institutes of Health or a similar trans-National Institutes of Health coordinating entity designated by the Secretary for purposes of this subsection.CommentsClose CommentsPermalink





‘(b) Interagency Pain Research Coordinating Committee-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- The Secretary shall establish not later than 1 year after the date of the enactment of this section and as necessary maintain a committee, to be known as the Interagency Pain Research Coordinating Committee (in this section referred to as the ‘Committee’), to coordinate all efforts within the Department of Health and Human Services and other Federal agencies that relate to pain research.CommentsClose CommentsPermalink





‘(2) MEMBERSHIP-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Committee shall be composed of the following voting members:CommentsClose CommentsPermalink





‘(i) Not more than 7 voting Federal representatives as follows:CommentsClose CommentsPermalink





‘(I) The Director of the Centers for Disease Control and Prevention.CommentsClose CommentsPermalink





‘(II) The Director of the National Institutes of Health and the directors of such national research institutes and national centers as the Secretary determines appropriate.CommentsClose CommentsPermalink





‘(III) The heads of such other agencies of the Department of Health and Human Services as the Secretary determines appropriate.CommentsClose CommentsPermalink





‘(IV) Representatives of other Federal agencies that conduct or support pain care research and treatment, including the Department of Defense and the Department of Veterans Affairs.CommentsClose CommentsPermalink





‘(ii) 12 additional voting members appointed under subparagraph (B).CommentsClose CommentsPermalink





‘(B) ADDITIONAL MEMBERS- The Committee shall include additional voting members appointed by the Secretary as follows:CommentsClose CommentsPermalink





‘(i) 6 members shall be appointed from among scientists, physicians, and other health professionals, who--CommentsClose CommentsPermalink





‘(I) are not officers or employees of the United States;CommentsClose CommentsPermalink





‘(II) represent multiple disciplines, including clinical, basic, and public health sciences;CommentsClose CommentsPermalink





‘(III) represent different geographical regions of the United States; andCommentsClose CommentsPermalink





‘(IV) are from practice settings, academia, manufacturers or other research settings; andCommentsClose CommentsPermalink





‘(ii) 6 members shall be appointed from members of the general public, who are representatives of leading research, advocacy, and service organizations for individuals with pain-related conditions.CommentsClose CommentsPermalink





‘(C) NONVOTING MEMBERS- The Committee shall include such nonvoting members as the Secretary determines to be appropriate.CommentsClose CommentsPermalink





‘(3) CHAIRPERSON- The voting members of the Committee shall select a chairperson from among such members. The selection of a chairperson shall be subject to the approval of the Director of NIH.CommentsClose CommentsPermalink





‘(4) MEETINGS- The Committee shall meet at the call of the chairperson of the Committee or upon the request of the Director of NIH, but in no case less often than once each year.CommentsClose CommentsPermalink





‘(5) DUTIES- The Committee shall--CommentsClose CommentsPermalink





‘(A) develop a summary of advances in pain care research supported or conducted by the Federal agencies relevant to the diagnosis, prevention, and treatment of pain and diseases and disorders associated with pain;CommentsClose CommentsPermalink





‘(B) identify critical gaps in basic and clinical research on the symptoms and causes of pain;CommentsClose CommentsPermalink





‘(C) make recommendations to ensure that the activities of the National Institutes of Health and other Federal agencies, including the Department of Defense and the Department of Veteran Affairs, are free of unnecessary duplication of effort;CommentsClose CommentsPermalink





‘(D) make recommendations on how best to disseminate information on pain care; andCommentsClose CommentsPermalink





‘(E) make recommendations on how to expand partnerships between public entities, including Federal agencies, and private entities to expand collaborative, cross-cutting research.CommentsClose CommentsPermalink





‘(6) REVIEW- The Secretary shall review the necessity of the Committee at least once every 2 years.’.CommentsClose CommentsPermalink

SEC. 4. PAIN CARE EDUCATION AND TRAINING.

Part D of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 759. PROGRAM FOR EDUCATION AND TRAINING IN PAIN CARE.

‘(a) In General- The Secretary may make awards of grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in pain care.CommentsClose CommentsPermalink





‘(b) Priorities- In making awards under subsection (a), the Secretary shall give priority to awards for the implementation of programs under such subsection.CommentsClose CommentsPermalink





‘(c) Certain Topics- An award may be made under subsection (a) only if the applicant for the award agrees that the program carried out with the award will include information and education on--CommentsClose CommentsPermalink





‘(1) recognized means for assessing, diagnosing, treating, and managing pain and related signs and symptoms, including the medically appropriate use of controlled substances;CommentsClose CommentsPermalink





‘(2) applicable laws, regulations, rules, and policies on controlled substances, including the degree to which misconceptions and concerns regarding such laws, regulations, rules, and policies, or the enforcement thereof, may create barriers to patient access to appropriate and effective pain care;CommentsClose CommentsPermalink





‘(3) interdisciplinary approaches to the delivery of pain care, including delivery through specialized centers providing comprehensive pain care treatment expertise;CommentsClose CommentsPermalink





‘(4) cultural, linguistic, literacy, geographic, and other barriers to care in underserved populations; andCommentsClose CommentsPermalink





‘(5) recent findings, developments, and improvements in the provision of pain care.CommentsClose CommentsPermalink





‘(d) Program Sites- Education and training under subsection (a) may be provided at or through health professions schools, residency training programs, and other graduate programs in the health professions; entities that provide continuing education in medicine, pain management, dentistry, psychology, social work, nursing, and pharmacy; hospices; and such other programs or sites as the Secretary determines to be appropriate.CommentsClose CommentsPermalink





‘(e) Evaluation of Programs- The Secretary shall (directly or through grants or contracts) provide for the evaluation of programs implemented under subsection (a) in order to determine the effect of such programs on knowledge and practice of pain care.CommentsClose CommentsPermalink





‘(f) Peer Review Groups- In carrying out section 799(f) with respect to this section, the Secretary shall ensure that the membership of each peer review group involved includes individuals with expertise and experience in pain care.CommentsClose CommentsPermalink





‘(g) Pain Care Defined- For purposes of this section the term ‘pain care’ means the assessment, diagnosis, treatment, or management of acute or chronic pain regardless of causation or body location.CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $5,000,000 for each of the fiscal years 2010 through 2012. Amounts appropriated under this subsection shall remain available until expended.’.CommentsClose CommentsPermalink

SEC. 5. PUBLIC AWARENESS CAMPAIGN ON PAIN MANAGEMENT.

Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 249. NATIONAL EDUCATION OUTREACH AND AWARENESS CAMPAIGN ON PAIN MANAGEMENT.

‘(a) Establishment- Not later than June 30, 2010, the Secretary shall establish and implement a national pain care education outreach and awareness campaign described in subsection (b).CommentsClose CommentsPermalink





‘(b) Requirements- The Secretary shall design the public awareness campaign under this section to educate consumers, patients, their families, and other caregivers with respect to--CommentsClose CommentsPermalink





‘(1) the incidence and importance of pain as a national public health problem;CommentsClose CommentsPermalink





‘(2) the adverse physical, psychological, emotional, societal, and financial consequences that can result if pain is not appropriately assessed, diagnosed, treated, or managed;CommentsClose CommentsPermalink





‘(3) the availability, benefits, and risks of all pain treatment and management options;CommentsClose CommentsPermalink





‘(4) having pain promptly assessed, appropriately diagnosed, treated, and managed, and regularly reassessed with treatment adjusted as needed;CommentsClose CommentsPermalink





‘(5) the role of credentialed pain management specialists and subspecialists, and of comprehensive interdisciplinary centers of treatment expertise;CommentsClose CommentsPermalink





‘(6) the availability in the public, nonprofit, and private sectors of pain management-related information, services, and resources for consumers, employers, third-party payors, patients, their families, and caregivers, including information on--CommentsClose CommentsPermalink





‘(A) appropriate assessment, diagnosis, treatment, and management options for all types of pain and pain-related symptoms; andCommentsClose CommentsPermalink





‘(B) conditions for which no treatment options are yet recognized; andCommentsClose CommentsPermalink





‘(7) other issues the Secretary deems appropriate.CommentsClose CommentsPermalink





‘(c) Consultation- In designing and implementing the public awareness campaign required by this section, the Secretary shall consult with organizations representing patients in pain and other consumers, employers, physicians including physicians specializing in pain care, other pain management professionals, medical device manufacturers, and pharmaceutical companies.CommentsClose CommentsPermalink





‘(d) Coordination-CommentsClose CommentsPermalink





‘(1) LEAD OFFICIAL- The Secretary shall designate one official in the Department of Health and Human Services to oversee the campaign established under this section.CommentsClose CommentsPermalink





‘(2) AGENCY COORDINATION- The Secretary shall ensure the involvement in the public awareness campaign under this section of the Surgeon General of the Public Health Service, the Director of the Centers for Disease Control and Prevention, and such other representatives of offices and agencies of the Department of Health and Human Services as the Secretary determines appropriate.CommentsClose CommentsPermalink





‘(e) Underserved Areas and Populations- In designing the public awareness campaign under this section, the Secretary shall--CommentsClose CommentsPermalink





‘(1) take into account the special needs of geographic areas and racial, ethnic, gender, age, and other demographic groups that are currently underserved; andCommentsClose CommentsPermalink





‘(2) provide resources that will reduce disparities in access to appropriate diagnosis, assessment, and treatment.CommentsClose CommentsPermalink





‘(f) Grants and Contracts- The Secretary may make awards of grants, cooperative agreements, and contracts to public agencies and private nonprofit organizations to assist with the development and implementation of the public awareness campaign under this section.CommentsClose CommentsPermalink





‘(g) Evaluation and Report- Not later than the end of fiscal year 2012, the Secretary shall prepare and submit to the Congress a report evaluating the effectiveness of the public awareness campaign under this section in educating the general public with respect to the matters described in subsection (b).CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations- For purposes of carrying out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2010 and $4,000,000 for each of fiscal years 2011 and 2012.’.CommentsClose CommentsPermalink

Passed the House of Representatives March 30, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

111th CONGRESS

1st Session

H. R. 756

AN ACT

To amend the Public Health Service Act with respect to pain care LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink