II

105TH CONGRESS

1ST SESSION S. 101

To amend the Public Health Service Act to provide for the training of

health professions students with respect to the identification and referral

of victims of domestic violence.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mrs. BOXER introduced the following bill; which was read twice and referred

to the Committee on Labor and Human Resources

A BILL

To amend the Public Health Service Act to provide for

the training of health professions students with respect

to the identification and referral of victims of domestic

violence.

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 ‘‘Domestic Violence

5 Identification and Referral Act of 1997’’.
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1 SEC. 2. ESTABLISHMENT, FOR CERTAIN HEALTH PROFES2 SIONS PROGRAMS, OF PROVISIONS REGARD3 ING DOMESTIC VIOLENCE.

4 (a) TITLE VII PROGRAMS; PREFERENCES IN FINAN5 CIAL AWARDS.—Section 791 of the Public Health Service

6 Act (42 U.S.C. 295j) is amended by adding at the end

7 the following:

8 ‘‘(c) PREFERENCES REGARDING TRAINING IN IDEN9 TIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC

10 VIOLENCE.—

11 ‘‘(1) IN GENERAL.—In the case of a health pro12 fessions entity specified in paragraph (2), the Sec13 retary shall, in making awards of grants or contracts

14 under this title, give preference to any such entity

15 (if otherwise a qualified applicant for the award in16 volved) that has in effect the requirement that, as a

17 condition of receiving a degree or certificate (as ap18 plicable) from the entity, each student have had sig19 nificant training in carrying out the following func20 tions as a provider of health care:

21 ‘‘(A) Identifying victims of domestic vio22 lence, and maintaining complete medical

23 records that include documentation of the ex24 amination, treatment given, and referrals made,

25 and recording the location and nature of the

26 victim’s injuries.
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1 ‘‘(B) Examining and treating such victims,

2 within the scope of the health professional’s dis3 cipline, training, and practice, including, at a

4 minimum, providing medical advice regarding

5 the dynamics and nature of domestic violence.

6 ‘‘(C) Referring the victims to public and

7 nonprofit private entities that provide services

8 for such victims.

9 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI10 TIES.—For purposes of paragraph (1), a health pro11 fessions entity specified in this paragraph is any en12 tity that is a school of medicine, a school of osteo13 pathic medicine, a graduate program in mental

14 health practice, a school of nursing (as defined in

15 section 853), a program for the training of physician

16 assistants, or a program for the training of allied

17 health professionals.

18 ‘‘(3) REPORT TO CONGRESS.—Not later than 2

19 years after the date of the enactment of the Domes20 tic Violence Identification and Referral Act of 1997,

21 the Secretary shall submit to the Committee on

22 Commerce of the House of Representatives, and the

23 Committee on Labor and Human Resources of the

24 Senate, a report specifying the health professions en25 tities that are receiving preference under paragraph
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1 (1); the number of hours of training required by the

2 entities for purposes of such paragraph; the extent

3 of clinical experience so required; and the types of

4 courses through which the training is being pro5 vided.

6 ‘‘(4) DEFINITIONS.—For purposes of this sub7 section, the term ‘domestic violence’ includes behav8 ior commonly referred to as domestic violence, sexual

9 assault, spousal abuse, woman battering, partner

10 abuse, child abuse, elder abuse, and acquaintance

11 rape.’’.

12 (b) TITLE VIII PROGRAMS; PREFERENCES IN FI13 NANCIAL AWARDS.—Section 860 of the Public Health

14 Service Act (42 U.S.C. 298b–7) is amended by adding at

15 the end the following:

16 ‘‘(f) PREFERENCES REGARDING TRAINING IN IDEN17 TIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC

18 VIOLENCE.—

19 ‘‘(1) IN GENERAL.—In the case of a health pro20 fessions entity specified in paragraph (2), the Sec21 retary shall, in making awards of grants or contracts

22 under this title, give preference to any such entity

23 (if otherwise a qualified applicant for the award in24 volved) that has in effect the requirement that, as a
5

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1 condition of receiving a degree or certificate (as ap2 plicable) from the entity, each student have had sig3 nificant training in carrying out the following func4 tions as a provider of health care:

5 ‘‘(A) Identifying victims of domestic vio6 lence, and maintaining complete medical

7 records that include documentation of the ex8 amination, treatment given, and referrals made,

9 and recording the location and nature of the

10 victim’s injuries.

11 ‘‘(B) Examining and treating such victims,

12 within the scope of the health professional’s dis13 cipline, training, and practice, including, at a

14 minimum, providing medical advice regarding

15 the dynamics and nature of domestic violence.

16 ‘‘(C) Referring the victims to public and

17 nonprofit private entities that provide services

18 for such victims.

19 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI20 TIES.—For purposes of paragraph (1), a health pro21 fessions entity specified in this paragraph is any en22 tity that is a school of nursing or other public or

23 nonprofit private entity that is eligible to receive an

24 award described in such paragraph.
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1 ‘‘(3) REPORT TO CONGRESS.—Not later than 2

2 years after the date of the enactment of the Domes3 tic Violence Identification and Referral Act of 1997,

4 the Secretary shall submit to the Committee on

5 Commerce of the House of Representatives, and the

6 Committee on Labor and Human Resources of the

7 Senate, a report specifying the health professions en8 tities that are receiving preference under paragraph

9 (1); the number of hours of training required by the

10 entities for purposes of such paragraph; the extent

11 of clinical experience so required; and the types of

12 courses through which the training is being pro13 vided.

14 ‘‘(4) DEFINITIONS.—For purposes of this sub15 section, the term ‘domestic violence’ includes behav16 ior commonly referred to as domestic violence, sexual

17 assault, spousal abuse, woman battering, partner

18 abuse, child abuse, elder abuse, and acquaintance

19 rape.’’.

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