IB 

Union Calendar No. 639 

114TH CONGRESS 

2D SESSION H. R. 5399 

[Report No. 114–815] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2016 

Mr. ROE of Tennessee introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

NOVEMBER 14, 2016 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 5399 RH

A BILL 

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. 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 5399 RH

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 ‘‘Ethical Patient Care 

5 for Veterans Act of 2016’’. 

6 SEC. 2. DUTY TO REPORT IMPAIRED, INCOMPETENT, AND 

7 UNETHICAL HEALTH CARE ACTIVITIES. 

8 (a) IN GENERAL.—Subchapter II of chapter 74 of 

9 title 38, United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 7330B. Duty to report impaired, incompetent, and 

12 unethical health care activities 

13 ‘‘(a) REPORTING TO STATE LICENSING AUTHOR14 ITY.—In addition to confidential reporting under the qual15 ity-assurance program pursuant to section 7311(b)(4) of 

16 this title and any other reporting authorized or required 

17 by the Secretary, the Secretary shall ensure that each phy18 sician of the Department is informed of the duty of the 

19 physician to report directly any covered activity committed 

20 by another physician that the physician witnesses or other21 wise directly discovers to the applicable licensing authority 

22 of each State in which the physician who is the subject 

23 of the report is licensed to practice medicine. 

24 ‘‘(b) TIMING OF REPORTING.—Each physician of the 

25 Department shall make a direct report to the State licensVerDate Sep 11 2014 00:10 Nov 15, 2016 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5399.RH H5399

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1 ing authority of a covered activity under subsection (a) 

2 not later than five days after the date on which the physi3 cian witnesses or otherwise directly discovers the covered 

4 activity. 

5 ‘‘(c) DEFINITIONS.—In this section: 

6 ‘‘(1) The term ‘covered activity’ means any ac7 tivity occurring in a medical facility of the Depart8 ment that consists of or causes the provision of im9 paired, incompetent, or unethical health care that re10 quires direct reporting under opinion number 9.031 

11 of the Code of Medical Ethics of the American Med12 ical Association. 

13 ‘‘(2) The term ‘physician of the Department’ 

14 includes any contractor who is a physician at a med15 ical facility of the Department.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of such chapter is amended by inserting 

18 after the item relating to section 7330A the following new 

19 item: 

‘‘7330B. Duty to report impaired, incompetent, and unethical health care activities.’’. 

20 (c) CONFORMING AMENDMENT.—Section 

21 7462(a)(1)(A) of such title is amended by inserting before 

22 the semicolon the following: ‘‘, including pursuant to sec23 tion 7330B(c) of this title’’. 


SSpencer on DSK4SPTVN1PROD with BILLS

SSpencer on DSK4SPTVN1PROD with BILLS
Union Calendar No. 639 

114TH CONGRESS 

2D SESSION H. R. 5399 

[Report No. 114–815] 

A BILL 

To amend title 38, United States Code, to ensure 

unethical health care activities. licensing authorities impaired, incompetent, and Affairs fulfill the ethical duty to report to State that physicians of the Department of Veterans 

NOVEMBER 14, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


SSpencer on DSK4SPTVN1PROD with BILLS