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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-548

======================================================================



 
MEDICARE MODERNIZATION AND PRESCRIPTION DRUG ACT OF 2002 (SECTION 942: 
      HEALTH PROFESSIONS PROGRAMS REGARDING PRACTICE OF PHARMACY)

                                _______
                                

 June 26, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Tauzin, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4992]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 4992) to amend the Public Health Service Act to 
establish health professions programs regarding practice of 
pharmacy, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
Statement of General Performance Goals and Objectives............     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     3
Advisory Committee Statement.....................................     3
Constitutional Authority Statement...............................     3
Applicability to Legislative Branch..............................     3
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     4

                          Purpose and Summary

    H.R. 4992, to amend the Public Health Service Act to 
establish health professions programs regarding practice of 
pharmacy, grants the Secretary of the Department of Health and 
Human Services (HHS) additional authority to respond to the 
pending pharmacist shortage. H.R. 4992 includes three 
provisions to generate interest in the pharmacy profession and 
improve pharmacy education. Public service announcements are 
designed to inform the public about the essential role 
pharmacist play in the delivery of health care services and 
encourage individuals to join the pharmacist profession. A 
demonstration project is included to expand the participation 
level of pharmacists in the National Health Service Corps loan 
repayment program. Finally, new information technology grants 
are permitted for schools of pharmacy to enhance computer-based 
systems for pharmaceutical education and encourage the 
development of distance education programs for schools of 
pharmacy.

                  Background and Need for Legislation

    In December 2000, the HHS issued a report titled, The 
Pharmacist Workforce: A Study of the Supply and Demand for 
Pharmacists. The report concluded that a rapid increase in the 
demand for pharmacists coupled with a constrained ability to 
increase the supply of pharmacists will lead to a shortage of 
pharmacists.
    Pharmacists provide services that are critical to high 
quality health care and medication use. Pharmacists can help to 
significantly reduce the number of medication errors by 
educating patients about how to properly take drugs. Over-the-
counter drugs and prescription drugs alike can cause allergic 
reactions that are potentially fatal. Pharmacists play an 
integral role in helping patients prevent these adverse 
reactions.
    As the utilization of drugs continues to increase, the 
supply of well-educated pharmacists is essential to advancing 
high-quality health care. H.R. 4992 seeks to encourage 
individuals to pursue the pharmacy profession.

                                Hearings

    The Committee on Energy and Commerce has not held hearings 
on this legislation.

                        Committee Consideration

    On Thursday, June 20, 2002, the Full Committee met in open 
markup session and favorably ordered reported a Committee Print 
on Certain Health Professions Programs Regarding Practice of 
Pharmacy by voice vote, amended, a quorum being present. 
Chairman Tauzin then introduced H.R. 4992 to reflect the 
Committee's action.

                            Committee Votes

    There were no record votes taken in connection with 
ordering H.R. 4992 reported. A motion by Chairman Tauzin to 
order H.R. 4992 reported to the House, amended, was agreed to 
by a voice vote.

                      Committee Oversight Findings

    The Committee has not held oversight or legislative 
hearings on this legislation.

         Statement of General Performance Goals and Objectives

    H.R. 4992 will complement the existing efforts of the 
Health Resources and Services Administration to increase the 
number of individuals interested in pursuing the pharmacy 
profession.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4992, to amend the Public Health Service Act to establish 
health professions programs regarding practice of pharmacy, 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974, which is 
included in the report to accompany H.R. 4984.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 is included in the report to 
accompany H.R. 4984.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. The estimate is included in the report to accompany H.R. 
4984.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 771. Public Service Announcements

    Section 771 grants the Secretary the authority to develop 
and issue public service announcements to advertise and promote 
the pharmacist profession. The Secretary may also award grants 
to State and local governments to conduct public service 
announcements to encourage individuals from disadvantaged 
backgrounds to enter the pharmacist profession.

Section 772. Demonstration Project

    Section 772 establishes a demonstration project to expand 
the number of pharmacists who are currently eligible to 
participate in the National Health Service Corps Loan Repayment 
Program. It allows pharmacists participating in the program to 
provide medication therapy management services to assure that 
medications are used appropriately by patients.

Section 773. Information Technology

    Section 773 grants the Secretary the authority to make 
grants or contracts available to qualifying schools of pharmacy 
for the purpose of assisting these schools in acquiring and 
installing computer-based systems to provide pharmaceutical 
education.

Section 774. Authorization of Appropriations

    Section 774 authorizes such sums as necessary for fiscal 
years 2003 through 2006 for the programs outlined.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                       PUBLIC HEALTH SERVICE ACT

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               TITLE VII--HEALTH PROFESSIONS EDUCATION

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        PART E--HEALTH PROFESSIONS AND PUBLIC HEALTH WORKFORCE

           *       *       *       *       *       *       *


                Subpart 3--Pharmacist Workforce Programs

SEC. 771. PUBLIC SERVICE ANNOUNCEMENTS.

  (a) Public Service Announcements.--
          (1) In general.--The Secretary shall develop and 
        issue public service announcements that advertise and 
        promote the pharmacist profession, highlight the 
        advantages and rewards of being a pharmacist, and 
        encourage individuals to enter the pharmacist 
        profession.
          (2) Method.--The public service announcements 
        described in subsection (a) shall be broadcast through 
        appropriate media outlets, including television or 
        radio, in a manner intended to reach as wide and 
        diverse an audience as possible.
  (b) State and Local Public Service Announcements.--
          (1) In general.--The Secretary shall award grants to 
        entities to support State and local advertising 
        campaigns through appropriate media outlets to promote 
        the pharmacist profession, highlight the advantages and 
        rewards of being a pharmacist, and encourage 
        individuals from disadvantaged backgrounds to enter the 
        pharmacist profession.
          (2) Use of funds.--An entity that receives a grant 
        under subsection (a) shall use funds received through 
        such grant to acquire local television and radio time, 
        place advertisements in local newspapers, and post 
        information on billboards or on the Internet, in order 
        to--
                  (A) advertise and promote the pharmacist 
                profession;
                  (B) promote pharmacist education programs;
                  (C) inform the public of public assistance 
                regarding such education programs;
                  (D) highlight individuals in the community 
                that are presently practicing as pharmacists to 
                recruit new pharmacists; and
                  (E) provide any other information to recruit 
                individuals for the pharmacist profession.
          (3) Method.--The campaigns described in subsection 
        (a) shall be broadcast on television or radio, placed 
        in newspapers as advertisements, or posted on 
        billboards or the Internet, in a manner intended to 
        reach as wide and diverse an audience as possible.

SEC. 772. DEMONSTRATION PROJECT.

  (a) In General.--The Secretary shall establish a 
demonstration project to enhance the participation of 
individuals who are pharmacists in the National Health Service 
Corps Loan Repayment Program described in section 338B.
  (b) Services.--Services that may be provided by pharmacists 
pursuant to the demonstration project established under this 
section include medication therapy management services to 
assure that medications are used appropriately by patients, to 
enhance patients' understanding of the appropriate use of 
medications, to increase patients' adherence to prescription 
medication regimens, to reduce the risk of adverse events 
associated with medications, and to reduce the need for other 
costly medical services through better management of medication 
therapy. Such services may include case management, disease 
management, drug therapy management, patient training and 
education, counseling, drug therapy problem resolution, 
medication administration, the provision of special packaging, 
or other services that enhance the use of prescription 
medications.
  (c) Procedure.--The Secretary may not provide assistance to 
an individual under this section unless the individual agrees 
to comply with all requirements described in sections 338B and 
338D.
  (d) Limitations.--The demonstration project described in this 
section shall provide for the participation of--
          (1) individuals to provide services in rural and 
        urban areas; and
          (2) enough individuals to allow the Secretary to 
        properly analyze the effectiveness of such project.
  (e) Designations.--The demonstration project described in 
this section, and any pharmacists who are selected to 
participate in such project, shall not be considered by the 
Secretary in the designation of a health professional shortage 
area under section 332 during fiscal years 2003 through 2005.
  (f) Rule of Construction.--This section shall not be 
construed to require any State to participate in the project 
described in this section.
  (g) Report.--The Secretary shall prepare and submit a report 
on the project to--
          (1) the Committee on Health, Education, Labor, and 
        Pensions of the Senate;
          (2) the Subcommittee on Labor, Health and Human 
        Services, and Education of the Committee on 
        Appropriations of the Senate;
          (3) the Committee on Energy and Commerce of the House 
        of Representatives; and
          (4) the Subcommittee on Labor, Health and Human 
        Services, and Education of the Committee on 
        Appropriations of the House of Representatives.

SEC. 773. INFORMATION TECHNOLOGY.

  (a) Grants and Contracts.--The Secretary may make awards of 
grants or contracts to qualifying schools of pharmacy for the 
purpose of assisting such schools in acquiring and installing 
computer-based systems to provide pharmaceutical education. 
Education provided through such systems may be graduate 
education, professional education, or continuing education. The 
computer-based systems may be designed to provide on-site 
education, or education at remote sites (commonly referred to 
as distance learning), or both.
  (b) Qualifying School of Pharmacy.--For purposes of this 
section, the term ``qualifying school of pharmacy'' means a 
school of pharmacy (as defined in section 799B) that requires 
students to serve in a clinical rotation in which pharmacist 
services are part of the curriculum.

SEC. 774. AUTHORIZATION OF APPROPRIATIONS.

  For the purpose of carrying out this subpart, there are 
authorized to be appropriated such sums as may be necessary for 
each of the fiscal years 2003 through 2006.

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