Sec. 104. Establishment of pain management boards of Department of Veterans Affairs
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Subchapter I of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: The Secretary shall establish in each Veterans Integrated Service Network a Pain Management Board (in this section referred to as a Board ). Each Board shall— consult with health care professionals and other employees of the Department located in the Veterans Integrated Service Network covered by the Board, patients who are being treated at medical facilities of the Department located in such Veterans Integrated Service Network, and family members of such patients with respect to the pain management resources and best practices of the Department; oversee compliance by the health care professionals and other employees of the Department with the best practices of the Department, including by issuing such recommendations to improve compliance with such best practices as the Board considers appropriate; provide oversight of the pain management practices of the pain management committees of each medical facility of the Department and the health care professionals and other employees of the Department that are located in the Veterans Integrated Service Network covered by the Board; carry out educational forums, as the Board considers appropriate, for individuals specified in subparagraph
(A)on pain management and treatment that may include the sharing of updated research and best practices from medical experts, other health care systems, and such other Federal agencies as the Board considers necessary to carry out this subparagraph; and carry out public hearings, symposiums, or other events, as the Board considers appropriate, during which health care professionals discuss and share best practices on pain management and complementary and integrative health. Each Board may provide treatment recommendations for patients with complex clinical pain who are being treated at a medical facility of the Department located in the Veterans Integrated Service Network covered by the Board, and assist in facilitating communication between such patients and their health care providers, regardless of whether such treatment is on an in-patient or out-patient basis, and for whom a request for such recommendations, subject to subparagraph (C), has been made by an individual described in subparagraph (B). An individual described in this subparagraph is one of the following individuals: The patient. The spouse of the patient. A family member of the patient or another individual if such family member or individual has been designated by the patient to make health care decisions for the patient or to receive health care information with respect to the patient. A physician of the patient. An employee of the medical facility of the Department described in subparagraph (A). An individual described in subparagraph
(B)may not request treatment recommendations under subparagraph
(A)unless the individual— has requested treatment recommendations from the pain management committee of the medical facility of the Department at which the patient is receiving treatment; and has received treatment recommendations from such committee and is not satisfied with those treatment recommendations. Based on treatment recommendations developed under paragraph (2)(A), consultations conducted under paragraph (1)(A), and educational forums and public events carried out under subparagraphs
(C)and
(D)of paragraph (1), each Board shall provide to health care professionals of the Department located in the Veterans Integrated Service Network covered by the Board recommendations on the best practices regarding pain management in cases of complex clinical pain. Each Board shall annually submit to the Secretary and the Under Secretary for Health a report (with all personally identifiable information of patients redacted) on pain management practices carried out in the Veterans Integrated Service Network covered by the Board. Each such report shall include, for the year covered by the report, the following: The treatment recommendations provided under paragraph (2)(A), including— a summary of such recommendations; and an explanation of the merits of each such recommendation. The recommendations for best practices provided under paragraph (3), including— a summary of such recommendations; and an explanation of the merits of each such recommendation. Such other information as the Board considers appropriate. Not later than January 31 of each year, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that contains comprehensive information from each report submitted to the Secretary under subparagraph
(A)during the year preceding the submittal of the report by the Secretary, disaggregated by Board. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any Board. Each Board shall include the following individuals appointed by the Secretary: A board certified pain medicine specialist. A trained and qualified member of the primary care team of a medical facility of the Department with experience in pain care, such as a nurse practitioner. A pain psychologist. A pain social worker. A clinical pharmacist. A pain point of contact for a Veterans Integrated Service Network. A physician with addiction and psychopharmacology expertise and experience. An allied health care professional. A clinician with expertise in complementary and integrative health. A clinical behavioral therapist. A patient advocate. A representative of the labor interests of employees of the Department who are responsible for prescribing drugs. A current or former clinical patient. A family member of a current or former clinical patient. Of the members appointed under paragraph (1), not less than three shall be representative of the demographic of patients served by the Veterans Integrated Service Network covered by the Board, including— not less than two current or former patients treated at a medical facility of the Department for complex clinical pain; and not less than one family member of such a current or former patient. The Secretary shall determine the terms of service of the members of each Board. Members of each Board shall serve without pay and, except as provided in subparagraph (B), members who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Board. Members may receive travel expenses, including per diem in lieu of subsistence, for travel in connection with their duties as members of the Board. Any member who has clinical duties as an officer or employee of the United States shall be relieved of such duties during periods in which such relief is necessary for the member to carry out the duties of the Board. In carrying out the duties of a Board under subsection (b), specific information identifying a patient and other confidential information relating to a patient may not be made available to any member appointed under subsection (c)(1) solely based on qualifications under subparagraph
(M)or
(N)of such subsection. No adverse personnel action may be made against an employee of the Department in connection with a communication by the employee with a member of a Board relating to the duties of the Board under subsection
(b)and any such communication shall be covered by the employment and whistleblower protections otherwise applicable to communications by employees of the Department. The Secretary shall make available to each Board the resources and personnel of the Department necessary for the Board to carry out the duties of the Board under subsection (b), including resources and personnel of the General Counsel of the Department. Each Board may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board determines appropriate. Each Board may conduct site visits of medical facilities of the Department to collect information that the Board considers necessary to carry out this section. The Secretary shall provide to each Board such administrative support services as the Secretary considers necessary for the Board to carry out this section. . The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7309 the following new item: 7309A. Pain management boards. .