Text: H.R.4868 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4868 IH
101st CONGRESS
2d Session
 H. R. 4868
To amend the Public Health Service Act to establish a Substance Abuse
Treatment Corps.
IN THE HOUSE OF REPRESENTATIVES
May 17, 1990
Mr. STARK (for himself, Mr. GREEN, Mr. GLICKMAN, and Mr. GRANT) introduced
the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Public Health Service Act to establish a Substance Abuse
Treatment Corps.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Substance Abuse Treatment Corps Act'.
SEC. 2. ESTABLISHMENT OF SUBSTANCE ABUSE TREATMENT CORPS.
  Part D of title III of the Public Health Service Act (42 U.S.C. 254b et
  seq.) is amended by adding at the end the following new subpart:
`Subpart VI--Substance Abuse Treatment Corps
`SEC. 340A. ESTABLISHMENT OF TREATMENT CORPS.
  `(a) ESTABLISHMENT- There is established within the Service a unit to be
  known as the Substance Abuse Treatment Corps. The purpose of the Treatment
  Corps is to increase the availability of treatment for alcohol and drug
  abuse in geographic areas in which there is a significant incidence of
  such abuse and an inadequate availability of such services. The Secretary
  may carry out such purpose only through assigning, in accordance with this
  section, Treatment Corps members to provide such services for such areas.
  `(b) COMPOSITION-
  `(1) IN GENERAL- The Treatment Corps shall, subject to paragraph (2),
  consist of such officers of the Regular and Reserve Corps of the Service
  as the Secretary may designate, such civilian employees of the United
  States as the Secretary may appoint, and such other individuals who are
  not employees of the United States.
  `(2) REQUIREMENT OF LICENSE OR CERTIFICATION FOR PROVISION OF TREATMENT-
  The Treatment Corps shall consist only of individuals who have been licensed
  or certified by a State to provide treatment for the abuse of alcohol or
  drugs or who have been certified by the Secretary as being qualified to
  provide such treatment services.
  `(3) CRITERIA REGARDING OTHER LICENSES OR CERTIFICATIONS-
  `(A) If an individual has been licensed or certified for purposes of
  paragraph (1), the individual may, subject to subparagraph (B), serve in
  the Treatment Corps without regard to whether the individual has received
  education regarding the provision of health services other than treatment
  for the abuse of alcohol or drugs.
  `(B) Of individuals who have been licensed or certified for purposes of
  paragraph (2) and who hold additional licenses or certifications in the
  health professions, mental health professions, or professions regarding
  social services, such an individual may serve in the Treatment Corps only
  if the individual is a physician, psychiatrist, clinical psychologist,
  physicians assistant, nurse, nurse practitioner, psychiatric nurse,
  marriage therapist, family therapist, social worker, or a graduate of a
  school of public health.
  `(c) DETERMINATION OF ELIGIBLE GEOGRAPHIC AREAS-
  `(1) CONSIDERATION OF CERTAIN FACTORS- Not later than 6 months after
  the date of the enactment of the Substance Abuse Treatment Corps Act,
  the Secretary shall by regulation establish criteria for determining
  the geographic areas that are geographic areas described in subsection
  (a). In establishing such criteria, the Secretary--
  `(A) shall first consider the ratio of available providers of treatment
  for alcohol and drug abuse to the number of individuals in the geographic
  area involved; and
  `(B) shall in addition consider indicators of need, notwithstanding the
  supply of such providers, for treatment for alcohol and drug abuse in the
  geographic area, with special consideration to indicators of--
  `(i) incidence of alcoholism and alcohol abuse;
  `(ii) incidence among pregnant women of addiction to drugs;
  `(iii) incidence among adolescents of the use of alcohol and drugs;
  `(iv) access to treatment for alcohol and drug abuse; and
  `(v) ability to pay for such treatment.
  `(2) ADDITIONAL MINIMUM REQUIREMENTS- The Secretary may not assign a
  Treatment Corps member to a geographic area described in subsection (a)
  unless the Secretary has conducted an evaluation regarding the area and
  has determined that--
  `(A) there is a need and demand in the area for treatment for alcohol or
  drug abuse;
  `(B) public and private entities in the area have made unsuccessful efforts
  to secure such treatment for the area; and
  `(C) there is community support for an assignment of a Treatment Corps
  member for the area.
  `(d) ASSIGNMENT OF MEMBERS OF TREATMENT CORPS-
  `(1) IN GENERAL- The Secretary may assign a Treatment Corps member only
  to a public or nonprofit private entity that--
  `(A) provides health services or treatment for substance abuse to a
  geographic area described in subsection (a); and
  `(B) enters into an agreement with the Secretary regarding--
  `(i) the duration of the assignment to the entity of the Treatment Corps
  member; and
  `(ii) the allocation between the Secretary and the entity of costs relating
  to the assignment.
  `(2) LIMITATION REGARDING LICENSURE BY STATE INVOLVED-
  `(A) Except as provided in subparagraph (B), the Secretary may not assign
  a Treatment Corps member to an entity unless the State in which the entity
  is located has licensed or certified the member to provide treatment for
  alcohol or drug abuse.
  `(B) In the case of a State that does not require that an individual
  be licensed or certified as a precondition to providing treatment for
  alcohol and drug abuse, the Secretary may assign a Treatment Corps member
  to an entity in the State only if the Secretary has certified the member as
  being qualified to provide such services. In providing such certifications,
  the Secretary shall consider relevant standards developed by nationally
  recognized medical-specialty societies.
  `(3) EQUITABLE ALLOCATION- The Secretary shall ensure that the services of
  the Treatment Corps are equitably allocated among the principal geographic
  regions of the United States, and that not less than 50 percent of such
  services are equitably allocated among rural areas of the United States.
  `(4) REQUIREMENT OF APPLICATION- The Secretary may not make an assignment
  of a Treatment Corps member under paragraph (1) unless an application for
  the assignment is submitted to the Secretary and the application is in such
  form, is made in such manner, and contains such agreements, assurances,
  and information as the Secretary determines to be necessary to carry out
  this section.
  `(e) SCHOLARSHIP PROGRAM-
  `(1) IN GENERAL- With respect to any student described in paragraph (2),
  the Secretary shall establish a program of entering into contracts with
  such students under which the students agree to serve in the Treatment
  Corps upon obtaining the educational degree involved in consideration
  of the Federal Government agreeing, for each school year for which the
  scholarship is provided--
  `(A) to pay on behalf of the student for each such school year--
  `(i) tuition for the student; and
  `(ii) all other reasonable educational expenses, including fees, books,
  and laboratory expenses, incurred by the student for each such year; and
  `(B) to pay to the student a stipend not in excess of $400 per month for
  each of the 12 consecutive months beginning with the first month of each
  such school year.
  `(2) ELIGIBLE STUDENTS- The student referred to in paragraph (1) is any
  full-time student enrolled (or accepted for enrollment) in an accredited
  educational institution in a course, study, or program leading to a degree
  regarding service as a provider of treatment regarding alcohol and drug
  abuse, leading to a degree regarding service as a physician, psychiatrist,
  clinical psychologist, physicians assistant, nurse, nurse practitioner,
  psychiatric nurse, marriage therapist, family therapist, or social worker,
  or leading to a degree from a school of public health.
  `(3) APPLICABILITY OF CERTAIN PROVISIONS- Except to the extent inconsistent
  with paragraph (1), the provisions of subpart III shall apply to the
  program established in paragraph (1) to the same extent and in the same
  manner as such provisions apply to the loan repayment program established
  in section 338A.
  `(f) LOAN REPAYMENT PROGRAM-
  `(1) IN GENERAL- The Secretary shall establish a program of entering into
  contracts with individuals described in paragraph (2) under which the
  individuals agree to serve in such Corps in consideration of the Federal
  Government agreeing to repay, for each year of service in the Corps, not
  more than $20,000 of the principal and interest of the educational loans
  of the individuals.
  `(2) Eligible individuals- An individual referred to in paragraph (1)
  is any individual who has been licensed or certified for purposes of
  subsection (b)(2), any individual who is a physician, psychiatrist,
  clinical psychologist, physicians assistant, nurse, nurse practitioner,
  psychiatric nurse, marriage therapist, family therapist, social worker,
  or a graduate of a school of public health, and any individual who is a
  full-time student enrolled (or accepted for enrollment) in an accredited
  educational institution in a course, study, or program leading to a degree
  regarding any of such professions.
  `(3) APPLICABILITY OF CERTAIN PROVISIONS- Except to the extent inconsistent
  with paragraph (1), the provisions of subpart III shall apply to the
  program established in paragraph (1) to the same extent and in the same
  manner as such provisions apply to the loan repayment program established
  in section 338B.
  `(g) DEFINITIONS- For purposes of this section:
  `(1) The term `rural area' has the meaning given such term in section
  1886(d)(2)(D) of the Social Security Act.
  `(2) The term `Treatment Corps' means the National Substance Abuse
  Treatment Corps.
  `(3) The term `Treatment Corps member' means each of the individuals of
  which the Treatment Corps consist pursuant to subsection (b).
  `(h) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this
  section, there is authorized to be appropriated $26,000,000 for fiscal
  year 1991.'.
SEC. 3. EFFECTIVE DATE.
  The amendments made by this Act shall take effect October 1, 1991, or upon
  the date of the enactment of this Act, whichever occurs later.