42 U.S.C. § 294i — Program for education and training in

Page 1041 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294i of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. TERMINATION OF ADVISORY COMMITTEES Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. § 294g. Repealed. Pub. L. 111–148, title V, § 5306(a)(1), Mar. 23, 2010, 124 Stat. 626 Section, act July 1, 1944, ch. 373, title VII, § 757, as added Pub. L. 105–392, title I, § 103, Nov. 13, 1998, 112 Stat. 3551, authorized appropriations to carry out this part. Editorial Notes CODIFICATION Pub. L. 111–148, title V, § 5306(a)(1), Mar. 23, 2010, 124 Stat. 626, which directed the amendment of part D of title VII by striking section 757, without specifying the act to be amended, was executed by repealing this sec- tion, which was section 757 of act July 1, 1944, to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 294g, act July 1, 1944, ch. 373, title VII, § 734, as added Oct. 12, 1976, Pub. L. 94–484, title IV, § 401(b)(3), 90 Stat. 2263; amended Oct. 22, 1985, Pub. L. 99–129, title II, § 208(f), 99 Stat. 531, related to establish- ment of a student loan insurance fund, prior to the gen- eral amendment of this subchapter by Pub. L. 102–408. See section 292i of this title. Another prior section 294g, act July 1, 1944, ch. 373, title VII, § 747, as added Nov. 18, 1971, Pub. L. 92–157, title I, § 105(f)(4), 85 Stat. 451; amended Oct. 12, 1976, Pub. L. 94–484, title I, § 101(f), 90 Stat. 2244, provided for student loans to citizens of United States who were full-time students in schools of medicine located out- side United States, prior to repeal by Pub. L. 94–484, title IV, § 401(a), Oct. 12, 1976, 90 Stat. 2257, effective Oct. 1, 1976. § 294h. Repealed. Pub. L. 113–4, title V, § 501(b)(2), Mar. 7, 2013, 127 Stat. 101 Section, act July 1, 1944, ch. 373, title VII, § 758, as added Pub. L. 109–162, title V, § 503, Jan. 5, 2006, 119 Stat. 3024; amended Pub. L. 109–271, § 4(c), Aug. 12, 2006, 120 Stat. 758, provided for grants for interdisciplinary training and education on domestic violence and other types of violence and abuse. A prior section 294h, act July 1, 1944, ch. 373, title VII, § 735, as added Oct. 12, 1976, Pub. L. 94–484, title IV, § 401(b)(3), 90 Stat. 2263; amended Aug. 1, 1977, Pub. L. 95–83, title III, § 307(c)(5), 91 Stat. 390; Aug. 13, 1981, Pub. L. 97–35, title XXVII, § 2709(e)(4)(B), 95 Stat. 911; Nov. 16, 1990, Pub. L. 101–597, title IV, § 401(b)[(a)], 104 Stat. 3035, related to functions, powers, and duties of the Sec- retary under the Federal student loan insurance pro- gram, prior to the general amendment of this sub- chapter by Pub. L. 102–408. See section 292j of this title. § 294i. Program for education and training in pain care (a) In general The Secretary may make awards of grants, co- operative agreements, and contracts to health professions schools, hospices, tribal health pro- grams (as defined in section 1603 of title 25), and other public and nonprofit private entities for the development and implementation of pro- grams to provide education and training to health care professionals in pain care. (b) Certain topics An entity receiving an award under this sec- tion shall develop a comprehensive education and training plan that includes information and education on— (1) recognized means for assessing, diag- nosing, preventing, treating, and managing pain and related signs and symptoms, includ- ing non-addictive medical products and non- pharmacologic treatments and the medically appropriate use of controlled substances; (2) applicable Federal, State, and local laws, regulations, rules, and policies on controlled substances, including opioids; (3) interdisciplinary approaches to the deliv- ery of pain care, including delivery through specialized centers providing comprehensive pain care treatment expertise, integrated, evi- dence-based pain management, and, as appro- priate, non-pharmacotherapy; (4) cultural, linguistic, literacy, geographic, and other barriers to care in underserved pop- ulations; (5) recent findings, developments, and ad- vancements in pain care research and the pro- vision of pain care, which may include non-ad- dictive medical products and non-pharmaco- logic treatments intended to treat pain; and (6) the dangers of opioid abuse and misuse, detection of early warning signs of opioid use disorders (which may include best practices related to screening for opioid use disorders, training on screening, brief intervention, and referral to treatment), and safe disposal op- tions for prescription medications (including such options provided by law enforcement or other innovative deactivation mechanisms). (c) Evaluation of programs The Secretary shall (directly or through grants or contracts) provide for the evaluation of programs implemented under subsection (a) in order to determine the effect of such pro- grams on knowledge and practice of pain care. (d) Pain care defined For purposes of this section the term ‘‘pain care’’ means the assessment, diagnosis, preven- tion, treatment, or management of acute or chronic pain regardless of causation or body lo- cation. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section, such sums as may be nec- essary for each of the fiscal years 2019 through 2023. Amounts appropriated under this sub- section shall remain available until expended. (July 1, 1944, ch. 373, title VII, § 759, as added Pub. L. 111–148, title IV, § 4305(c), Mar. 23, 2010, 124 Stat. 586; amended Pub. L. 115–271, title VII, § 7073(a), Oct. 24, 2018, 132 Stat. 4031.) Editorial Notes PRIOR PROVISIONS A prior section 294i, act July 1, 1944, ch. 373, title VII, § 771, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, Page 1042 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 294i–1 1 So in original. Probably should be ‘‘a program’’. 106 Stat. 2049, authorized grants to educational entities offering programs in health administration, hospital administration, or health policy analysis and planning, prior to the general amendment of this part by Pub. L. 105–392. Another prior section 294i, act July 1, 1944, ch. 373, title VII, § 736, as added Oct. 12, 1976, Pub. L. 94–484, title IV, § 401(b)(3), 90 Stat. 2265; amended Aug. 1, 1977, Pub. L. 95–83, title III, § 307(d), 91 Stat. 390, related to participation by Federal credit unions in Federal, State, and private student loan insurance programs, prior to the general amendment of this subchapter by Pub. L. 102–408. See section 292k of this title. A prior section 759 of act July 1, 1944, was classified to section 294aa of this title prior to the general amendment of this subchapter by Pub. L. 102–408. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–271, § 7073(a)(1), sub- stituted ‘‘hospices, tribal health programs (as defined in section 1603 of title 25), and other public and non- profit private entities’’ for ‘‘hospices, and other public and private entities’’. Subsec. (b). Pub. L. 115–271, § 7073(a)(2)(A), substituted ‘‘entity receiving an award under this section shall de- velop a comprehensive education and training plan that includes’’ for ‘‘award may be made under subsection (a) only if the applicant for the award agrees that the pro- gram carried out with the award will include’’ in intro- ductory provisions. Subsec. (b)(1). Pub. L. 115–271, § 7073(a)(2)(B), inserted ‘‘preventing,’’ after ‘‘diagnosing,’’ and ‘‘non-addictive medical products and non-pharmacologic treatments and’’ after ‘‘including’’. Subsec. (b)(2). Pub. L. 115–271, § 7073(a)(2)(C), inserted ‘‘Federal, State, and local’’ after ‘‘applicable’’ and sub- stituted ‘‘opioids’’ for ‘‘the degree to which misconcep- tions and concerns regarding such laws, regulations, rules, and policies, or the enforcement thereof, may create barriers to patient access to appropriate and ef- fective pain care’’. Subsec. (b)(3). Pub. L. 115–271, § 7073(a)(2)(D), inserted ‘‘, integrated, evidence-based pain management, and, as appropriate, non-pharmacotherapy’’ before semi- colon. Subsec. (b)(5), (6). Pub. L. 115–271, § 7073(a)(2)(E), (F), added pars. (5) and (6) and struck out former par. (5) which read as follows: ‘‘recent findings, developments, and improvements in the provision of pain care.’’ Subsec. (d). Pub. L. 115–271, § 7073(a)(3), inserted ‘‘pre- vention,’’ after ‘‘diagnosis,’’. Subsec. (e). Pub. L. 115–271, § 7073(a)(4), substituted ‘‘2019 through 2023’’ for ‘‘2010 through 2012’’. Statutory Notes and Related Subsidiaries EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS DEMONSTRATION PROGRAM Pub. L. 115–271, title VII, § 7091, Oct. 24, 2018, 132 Stat. 4035, which related to emergency department alter- natives to opioids demonstration program, was edi- torially reclassified as section 294i–1 of this title. § 294i–1. Emergency department alternatives to opioids program (a) Grant program (1) In general The Secretary of Health and Human Serv- ices (in this section referred to as the ‘‘Sec- retary’’) shall carry out a program for pur- poses of awarding grants to hospitals and emergency departments, including free- standing emergency departments, to develop, implement, enhance, or study alternatives to opioids for pain management in such settings. (2) Eligibility To be eligible to receive a grant under para- graph (1), a hospital or emergency department shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may re- quire. (3) Geographic distribution In awarding grants under this section, the Secretary shall seek to ensure geographical distribution among grant recipients. (4) Use of funds Grants under paragraph (1) shall be used to— (A) target treatment approaches for pain- ful conditions frequently treated in such set- tings; (B) train providers and other hospital per- sonnel on protocols or best practices related to the use and prescription of opioids and al- ternatives to opioids for pain management in the emergency department; and (C) develop or continue strategies to pro- vide alternatives to opioids, as appropriate. (b) Additional program The Secretary may carry out a demonstration program 1 similar to the program under sub- section (a) for other acute care settings. (c) Consultation The Secretary shall implement a process for recipients of grants under subsection (a) or (b) to share evidence-based and best practices and promote consultation with persons having ro- bust knowledge, including emergency depart- ments and physicians that have successfully im- plemented programs that use alternatives to opioids for pain management, as appropriate, such as approaches studied through the National Center for Complimentary and Integrative Health or other institutes and centers at the Na- tional Institutes of Health, as appropriate. The Secretary shall offer to each recipient of a grant under subsection (a) or (b) technical assistance as necessary. (d) Technical assistance The Secretary shall identify or facilitate the development of best practices on alternatives to opioids for pain management and provide tech- nical assistance to hospitals and other acute care settings on alternatives to opioids for pain management. The technical assistance provided shall be for the purpose of— (1) utilizing information from recipients of a grant under subsection (a) or (b) that have successfully implemented alternatives to opioids programs; (2) identifying or facilitating the develop- ment of best practices on the use of alter- natives to opioids, which may include pain- management strategies that involve non-ad- dictive medical products, non-pharmacologic treatments, and technologies or techniques to identify patients at risk for opioid use dis- order; (3) identifying or facilitating the develop- ment of best practices on the use of alter- natives to opioids that target common painful conditions and include certain patient popu- lations, such as geriatric patients, pregnant women, and children; and