I 

116TH CONGRESS 

1ST SESSION H. R. 1182 

To amend title 38, United States Code, to ensure access to acupuncturist 

services through the Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2019 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Acupuncture for Our 

5 Heroes Act’’. 

6 SEC. 2. INCLUSION OF ACUPUNCTURIST SERVICES AT VET7 ERANS HEALTH FACILITIES. 

8 (a) ACUPUNCTURIST SERVICES.— 


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1 (1) IN GENERAL.—Subchapter II of chapter 17 

2 of title 38, United States Code, is amended by add3 ing at the end the following new section: 

4 ‘‘§ 1720J. Provision of acupuncturist services 

5 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

6 program to provide acupuncturist services to veterans en7 rolled in the health care system established under section 

8 1705(a) of this title (without the requirement of a refer9 ral). 

10 ‘‘(b) LOCATIONS.—The program under subsection (a) 

11 shall be carried out at in at least one facility of the De12 partment in each Veterans Integrated Service Network. In 

13 selecting such facilities, the Secretary shall ensure that the 

14 program is carried out in both urban and rural areas. 

15 ‘‘(c) SERVICES AVAILABLE.—The Secretary shall en16 sure that the acupuncturist services available under the 

17 program are able to address, at a minimum, the following: 

18 ‘‘(1) Chronic and acute pain. 

19 ‘‘(2) Cancer pain. 

20 ‘‘(3) Postoperative nausea and vomiting. 

21 ‘‘(4) Postsurgical gastroparesis syndrome. 

22 ‘‘(5) Opioid-induced constipation. 

23 ‘‘(6) Opioid-induced pruritus. 

24 ‘‘(7) Chemotherapy-induced neuropathy. 

25 ‘‘(8) Aromatase inhibitor-associated joint pain. 


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1 ‘‘(9) Neck dissection-related pain and dysfunc2 tion. 

3 ‘‘(10) Stress management. 

4 ‘‘(11) Mental health conditions. 

5 ‘‘(12) Substance abuse. 

6 ‘‘(13) Symptoms relating to traumatic brain in7 jury and post-traumatic stress. 

8 ‘‘(d) ADMINISTRATION.—(1) The Secretary shall 

9 carry out the program through— 

10 ‘‘(A) qualified acupuncturists appointed as em11 ployees of the Department located at medical centers 

12 and clinics of the Department; and 

13 ‘‘(B) through contract qualified acupuncturists 

14 if— 

15 ‘‘(i) the Secretary is unable to make ap16 pointments described in subparagraph (A); 

17 ‘‘(ii) a patient requires specialty care that 

18 an employee under such subparagraph is not 

19 able to provide to the patient; or 

20 ‘‘(iii) there is an emergency that requires 

21 the use of such a contract acupuncturist. 

22 ‘‘(2) The Secretary shall provide training and mate23 rials to health care providers of the Department who pro24 vide primary care to veterans to explain the benefits of 

25 acupuncturist services. 


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1 ‘‘(3) In this section, the term ‘qualified acupunctur2 ist’ means, with respect to the furnishing of services in 

3 a State, an individual who licensed or certified in the State 

4 in which the services are furnished, or, in the case of serv5 ices furnished in a State that does not provide for such 

6 licensure or certification, meets such criteria (such as ac7 creditation through an appropriate nationally recognized 

8 certification authority for acupuncturists) as the Secretary 

9 may specify. In specifying such requirements, the Sec10 retary may use the same requirements as those established 

11 by such a certification authority. 

12 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

13 regulations to carry out this section.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended 

16 by inserting after the item relating to section 1720I 

17 the following new section: 

‘‘1720J. Provision of acupuncturist services.’’. 

18 (3) CONFORMING AMENDMENT.—Section 

19 1701(6) of such title is amended by adding at the 

20 end the following new subparagraph: 

21 ‘‘(H) Acupuncturist services in accordance 

22 with section 1720J of this title.’’. 

23 (b) ADVISORY COMMITTEE.— 


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1 (1) IN GENERAL.—Subchapter III of chapter 5 

2 of such title is amended by adding at the end the 

3 following new section: 

4 ‘‘§ 547. Advisory committee on acupuncturist services 

5 ‘‘(a) ACUPUNCTURE ADVISORY COMMITTEE.—(1) 

6 The Secretary shall establish an advisory committee to be 

7 known as the ‘Advisory Committee on Acupuncturist Serv8 ices’ (in this section referred to as the ‘Committee’) to 

9 provide the Secretary with assistance and advice in the 

10 development and implementation of the program estab11 lished by section 1720J of this title. 

12 ‘‘(2) The Committee shall consist of members ap13 pointed by the Secretary from the general public, includ14 ing— 

15 ‘‘(A) not fewer than five practicing acupunctur16 ists, of which at least four shall be State licensed 

17 acupuncturists; 

18 ‘‘(B) one veteran from each of the Armed 

19 Forces; and 

20 ‘‘(C) not fewer than two representatives from 

21 veterans service organizations. 

22 ‘‘(b) DUTIES.—The Committee shall— 

23 ‘‘(1) review and evaluate the ability of a veteran 

24 to access an acupuncturist at facilities of the De25 partment; 


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1 ‘‘(2) advise the Secretary with respect to— 

2 ‘‘(A) protocols governing direct access to 

3 acupuncture care; 

4 ‘‘(B) protocols governing the scope of prac5 tice of acupuncture practitioners; 

6 ‘‘(C) the definitions of services to be pro7 vided by acupuncturists; and 

8 ‘‘(D) such other matters the Secretary de9 termines appropriate; and 

10 ‘‘(3) upon the determination of the Secretary 

11 that the program of acupuncturist services under 

12 section 1720J of this title has been fully imple13 mented, submit to the Secretary a report containing 

14 the evaluation of the Committee of the implementa15 tion of such program. 

16 ‘‘(c) CHAIRMAN.—The Secretary shall designate one 

17 member of the Committee to serve as the chairman of the 

18 Committee. 

19 ‘‘(d) MEETINGS.—The Committee shall meet at the 

20 call of the Chairman, but not fewer than three times dur21 ing each fiscal year, beginning in the fiscal year following 

22 the fiscal year in which this section is enacted. 

23 ‘‘(e) REPORT.—Following the date on which the 

24 Committee submits to the Secretary the report under sub25 section (b)(4), the Secretary shall submit to the CommitVerDate Sep 11 2014 21:53 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1182.IH H1182

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1 tees on Veterans’ Affairs of the Senate and the House of 

2 Representatives a report containing the following: 

3 ‘‘(1) A copy of the Committee report, together 

4 with the comments of the Secretary on the report. 

5 ‘‘(2) An explanation of the criteria and ration6 ale that the Secretary used to determine that the 

7 program of acupuncturist services under section 

8 1720J of this title was fully implemented, as de9 scribed in such subsection (b)(4). 

10 ‘‘(3) The views of the Secretary regarding the 

11 future implementation of such program.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 by inserting after the item relating to section 546 

15 the following new item: 

‘‘547. Advisory committee on acupuncturist services.’’. 

16 (c) CONFORMING AMENDMENTS.— 

17 (1) AUTHORITY FOR APPOINTMENTS.—Section 

18 7401(1) of title 38, United States Code, is amended 

19 by inserting ‘‘acupuncturists,’’ after ‘‘chiroprac20 tors,’’. 

21 (2) PERIOD OF APPOINTMENTS.—Section 7403 

22 of such title is amended by adding at the end the 

23 following new subparagraph: 

24 ‘‘(I) Acupuncturists.’’. 


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1 (3) PAY.—Section 7404 of such title is amend2 ed by adding at the end the following new sub3 section: 

4 ‘‘(f) The position of acupuncturist specified in section 

5 7401(1) of this title shall be the grade of GS–12 or higher 

6 under the General Schedule under section 5332 of title 

7 5.’’. 

8 (4) MALPRACTICE AND NEGLIGENCE SUITS.— 

9 Section 7316(a)(2) of such title is amended by in10 serting ‘‘acupuncturist,’’ after ‘‘chiropractor,’’. 

11 (5) HOURS AND CONDITIONS.—Section 7421(b) 

12 of such title is amended by adding at the end the 

13 following new paragraph: 

14 ‘‘(9) Acupuncturists.’’. 

15 (6) EFFECTIVE DATE.—The amendment made 

16 by paragraph (4) apply with respect to services pro17 vided on or after the date that is 270 days after the 

18 date of enactment of this Act. 

Æ 


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