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Statutory Text

SEC. 4305. ADVANCING RESEARCH AND TREATMENT FOR PAIN CARE MANAGEMENT. (a) INSTITUTE OF MEDICINE CONFERENCE ON PAIN.

— (1) CONVENING.—Not later than 1 year after funds are appropriated to carry out this subsection, the Secretary of Health and Human Services shall seek to enter into an agreement with the Institute of Medicine of the National Academies to convene a Conference on Pain (in this subsection referred to as ‘‘the Conference’’). (2) PURPOSES.—The purposes of the Conference shall be to— (A) increase the recognition of pain as a significant public health problem in the United States; (B) evaluate the adequacy of assessment, diagnosis, treatment, and management of acute and chronic pain in the general population, and in identified racial, ethnic, gender, age, and other demographic groups that may be disproportionately affected by inadequacies in the assessment, diagnosis, treatment, and management of pain; (C) identify barriers to appropriate pain care; (D) establish an agenda for action in both the public and private sectors that will reduce such barriers and significantly improve the state of pain care research, education, and clinical care in the United States. (3) OTHER APPROPRIATE ENTITY.—If the Institute of Medicine declines to enter into an agreement under paragraph (1), the Secretary of Health and Human Services may enter into such agreement with another appropriate entity. (4) REPORT.—A report summarizing the Conference’s findings and recommendations shall be submitted to the Congress not later than June 30, 2011. (5) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this subsection, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011. (b) PAIN RESEARCH AT NATIONAL INSTITUTES OF HEALTH.—Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ‘‘SEC. 409J ø42 U.S.C. 284q¿. PAIN RESEARCH. ‘‘(a) RESEARCH INITIATIVES.— ‘‘(1) IN GENERAL.—The Director of NIH is encouraged to continue and expand, through the Pain Consortium, an aggressive program of basic and clinical research on the causes of and potential treatments for pain. ‘‘(2) ANNUAL RECOMMENDATIONS.—Not less than annually, the Pain Consortium, in consultation with the Division of Program Coordination, Planning, and Strategic Initiatives, shall develop and submit to the Director of NIH recommendations on appropriate pain research initiatives that could be under taken with funds reserved under section 402A(c)(1) for the Common Fund or otherwise available for such initiatives. ‘‘(3) DEFINITION.—In this subsection, the term ‘Pain Consortium’ means the Pain Consortium of the National Institutes of Health or a similar trans-National Institutes of Health coordinating entity designated by the Secretary for purposes of this subsection. ‘‘(b) INTERAGENCY PAIN RESEARCH COORDINATING COM- MITTEE.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish not later than 1 year after the date of the enactment of this section and as necessary maintain a committee, to be known as the Interagency Pain Research Coordinating Committee (in this section referred to as the ‘Committee’), to coordinate all efforts within the Department of Health and Human Services and other Federal agencies that relate to pain research. ‘‘(2) MEMBERSHIP.— ‘‘(A) IN GENERAL.—The Committee shall be composed of the following voting members: ‘‘(i) Not more than 7 voting Federal representatives appoint by the Secretary from agencies that conduct pain care research and treatment. ‘‘(ii) 12 additional voting members appointed under subparagraph (B). ‘‘(B) ADDITIONAL MEMBERS.—The Committee shall include additional voting members appointed by the Secretary as follows: ‘‘(i) 6 non-Federal members shall be appointed from among scientists, physicians, and other health professionals. ‘‘(ii) 6 members shall be appointed from members of the general public, who are representatives of leading research, advocacy, and service organizations for individuals with pain-related conditions. ‘‘(C) NONVOTING MEMBERS.—The Committee shall include such nonvoting members as the Secretary determines to be appropriate. ‘‘(3) CHAIRPERSON.—The voting members of the Committee shall select a chairperson from among such members. The selection of a chairperson shall be subject to the approval of the Director of NIH. ‘‘(4) MEETINGS.—The Committee shall meet at the call of the chairperson of the Committee or upon the request of the Director of NIH, but in no case less often than once each year. ‘‘(5) DUTIES.—The Committee shall— ‘‘(A) develop a summary of advances in pain care research supported or conducted by the Federal agencies relevant to the diagnosis, prevention, and treatment of pain and diseases and disorders associated with pain; ‘‘(B) identify critical gaps in basic and clinical research on the symptoms and causes of pain; ‘‘(C) make recommendations to ensure that the activities of the National Institutes of Health and other Federal agencies are free of unnecessary duplication of effort; ‘‘(D) make recommendations on how best to disseminate information on pain care; and ‘‘(E) make recommendations on how to expand partnerships between public entities and private entities to expand collaborative, cross-cutting research. ‘‘(6) REVIEW.—The Secretary shall review the necessity of the Committee at least once every 2 years.’’. (c) PAIN CARE EDUCATION AND TRAINING.—Part D of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.) is amended by adding at the end the following new section: ‘‘SEC. 759 ø42 U.S.C. 294i¿. PROGRAM FOR EDUCATION AND TRAINING IN PAIN CARE. ‘‘(a) IN GENERAL.—The Secretary may make awards of grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in pain care. ‘‘(b) CERTAIN TOPICS.—An award may be made under subsection (a) only if the applicant for the award agrees that the program carried out with the award will include information and education on— ‘‘(1) recognized means for assessing, diagnosing, treating, and managing pain and related signs and symptoms, including the medically appropriate use of controlled substances; ‘‘(2) applicable laws, regulations, rules, and policies on controlled substances, including the degree to which misconceptions and concerns regarding such laws, regulations, rules, and policies, or the enforcement thereof, may create barriers to patient access to appropriate and effective pain care; ‘‘(3) interdisciplinary approaches to the delivery of pain care, including delivery through specialized centers providing comprehensive pain care treatment expertise; ‘‘(4) cultural, linguistic, literacy, geographic, and other barriers to care in under-served populations; and ‘‘(5) recent findings, developments, and improvements in the provision of pain care. ‘‘(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 programs on knowledge and practice of pain care. ‘‘(d) PAIN CARE DEFINED.—For purposes of this section the term ‘pain care’ means the assessment, diagnosis, treatment, or management of acute or chronic pain regardless of causation or body location. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2010 through 2012. Amounts appropriated under this subsection shall remain available until expended.’’.