II

106TH CONGRESS

1ST SESSION S. 198

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 19, 1999

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

to the Committee on Health, Education, Labor, and Pensions

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 1999’’.
2

•S 198 IS

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.
3

•S 198 IS

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 1999,

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
4

•S 198 IS

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 806 of the Public Health

14 Service Act is amended by adding at the end the following:

15 ‘‘(i) PREFERENCES REGARDING TRAINING IN IDEN16 TIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC

17 VIOLENCE.—

18 ‘‘(1) IN GENERAL.—In the case of a health pro19 fessions entity specified in paragraph (2), the Sec20 retary shall, in making awards of grants or contracts

21 under this title, give preference to any such entity

22 (if otherwise a qualified applicant for the award in23 volved) that has in effect the requirement that, as a

24 condition of receiving a degree or certificate (as ap25 plicable) from the entity, each student have had sig-
5

•S 198 IS

1 nificant training in carrying out the following func2 tions as a provider of health care:

3 ‘‘(A) Identifying victims of domestic vio4 lence, and maintaining complete medical

5 records that include documentation of the ex6 amination, treatment given, and referrals made,

7 and recording the location and nature of the

8 victim’s injuries.

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

10 within the scope of the health professional’s dis11 cipline, training, and practice, including, at a

12 minimum, providing medical advice regarding

13 the dynamics and nature of domestic violence.

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

15 nonprofit private entities that provide services

16 for such victims.

17 ‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI18 TIES.—For purposes of paragraph (1), a health pro19 fessions entity specified in this paragraph is any en20 tity that is a school of nursing or other public or

21 nonprofit private entity that is eligible to receive an

22 award described in such paragraph.

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

24 years after the date of the enactment of the Domes25 tic Violence Identification and Referral Act of 1999,
6

•S 198 IS

1 the Secretary shall submit to the Committee on

2 Commerce of the House of Representatives, and the

3 Committee on Labor and Human Resources of the

4 Senate, a report specifying the health professions en5 tities that are receiving preference under paragraph

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

7 entities for purposes of such paragraph; the extent

8 of clinical experience so required; and the types of

9 courses through which the training is being pro10 vided.

11 ‘‘(4) DEFINITIONS.—For purposes of this sub12 section, the term ‘domestic violence’ includes behav13 ior commonly referred to as domestic violence, sexual

14 assault, spousal abuse, woman battering, partner

15 abuse, child abuse, elder abuse, and acquaintance

16 rape.’’.

Æ