United States Code (Last Updated: May 24, 2014) |
Title 42. THE PUBLIC HEALTH AND WELFARE |
Chapter 6A. PUBLIC HEALTH SERVICE |
SubChapter V. HEALTH PROFESSIONS EDUCATION |
Part E. Health Professions and Public Health Workforce |
SubPart 1. health professions workforce information and analysis |
§ 294q. National Health Care Workforce Commission
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(a) Purpose It is the purpose of this section to establish a National Health Care Workforce Commission that— (1) serves as a national resource for Congress, the President, States, and localities; (2) communicates and coordinates with the Departments of Health and Human Services, Labor, Veterans Affairs, Homeland Security, and Education on related activities administered by one or more of such Departments; (3) develops and commissions evaluations of education and training activities to determine whether the demand for health care workers is being met; (4) identifies barriers to improved coordination at the Federal, State, and local levels and recommend ways to address such barriers; and (5) encourages innovations to address population needs, constant changes in technology, and other environmental factors. (b) Establishment There is hereby established the National Health Care Workforce Commission (in this section referred to as the “Commission”).
(c) Membership (1) Number and appointment The Commission shall be composed of 15 members to be appointed by the Comptroller General, without regard to section 5 of the Federal Advisory Committee Act (5 U.S.C. App.).
(2) Qualifications (A) In general The membership of the Commission shall include individuals— (i) with national recognition for their expertise in health care labor market analysis, including health care workforce analysis; health care finance and economics; health care facility management; health care plans and integrated delivery systems; health care workforce education and training; health care philanthropy; providers of health care services; and other related fields; and (ii) who will provide a combination of professional perspectives, broad geographic representation, and a balance between urban, suburban, rural, and frontier representatives. (B) Inclusion (i) In general The membership of the Commission shall include no less than one representative of— (I) the health care workforce and health professionals; (II) employers, including representatives of small business and self-employed individuals; (III) third-party payers; (IV) individuals skilled in the conduct and interpretation of health care services and health economics research; (V) representatives of consumers; (VI) labor unions; (VII) State or local workforce investment boards; and (VIII) educational institutions (which may include elementary and secondary institutions, institutions of higher education, including 2 and 4 year institutions, or registered apprenticeship programs). (ii) Additional members The remaining membership may include additional representatives from clause (i) and other individuals as determined appropriate by the Comptroller General of the United States.
(C) Majority non-providers Individuals who are directly involved in health professions education or practice shall not constitute a majority of the membership of the Commission.
(D) Ethical disclosure The Comptroller General shall establish a system for public disclosure by members of the Commission of financial and other potential conflicts of interest relating to such members. Members of the Commission shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978 [5 U.S.C. App.]. Members of the Commission shall not be treated as special government employees under title 18.
(3) Terms (A) In general The terms of members of the Commission shall be for 3 years except that the Comptroller General shall designate staggered terms for the members first appointed.
(B) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(C) Initial appointments The Comptroller General shall make initial appointments of members to the Commission not later than
September 30, 2010 .(4) Compensation While serving on the business of the Commission (including travel time), a member of the Commission shall be entitled to compensation at the per diem equivalent of the rate provided for level IV of the Executive Schedule under section 5315 of tile public health professionals, clinical pharmacists, allied health professionals, doctors of chiropractic, community health workers, school nurses, certified nurse midwives, podiatrists, licensed complementary and alternative medicine providers, the EMS workforce (including professional and volunteer ambulance personnel and firefighters who perform emergency medical services), and integrative health practitioners;
(B) national representatives of health professionals; (C) representatives of schools of medicine, osteopathy, nursing, dentistry, optometry, pharmacy, chiropractic, allied health, educational programs for public health professionals, behavioral and mental health professionals (as so defined), social workers, pharmacists, physical and occupational therapists, optometrists, ophthalmologists,4 oral health care industry dentistry and dental hygiene, and physician assistants; (D) representatives of public and private teaching hospitals, and ambulatory health facilities, including Federal medical facilities; and (E) any other health professional the Comptroller General of the United States determines appropriate.
References In Text
Section 5 of the Federal Advisory Committee Act, referred to in subsec. (c)(1), is section 5 of Pub. L. 92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
The Ethics in Government Act of 1978, referred to in subsec. (c)(2)(D), is Pub. L. 95–521,
The Public Health Service Act, referred to in subsec. (d)(3)(C), (D), is act July 1, 1944, ch. 373, 58 Stat. 682. Titles VII and VIII of the Act are classified generally to this subchapter and subchapter VI (§ 296 et seq.) of this chapter, respectively. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.
The Higher Education Act of 1965, referred to in subsec. (d)(3)(C), (D), is Pub. L. 89–329,
The Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), referred to in subsec. (d)(3)(D), is Pub. L. 105–220,
The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (d)(3)(D), is Pub. L. 88–210,
Section 5103, referred to in subsec. (d)(8), means section 5103 of Pub. L. 111–148.
Level V of the Executive Schedule, referred to in subsec. (f)(1), is set out in section 5316 of Title 5, Government Organization and Employees.
Codification
In subsec. (f)(3), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c),
Section was enacted as part of the Patient Protection and Affordable Care Act, and not as part of the Public Health Service Act which comprises this chapter.
Prior Provisions
Prior sections 294q to 294q–3 were omitted in the general amendment of this subchapter by Pub. L. 102–408.
Section 294q, act July 1, 1944, ch. 373, title VII, § 744, formerly § 745, as added
Section 294q–1, act July 1, 1944, ch. 373, title VII, § 745, as added
Section 294q–2, act July 1, 1944, ch. 373, title VII, § 746, as added
Section 294q–3, act July 1, 1944, ch. 373, title VII, § 747, formerly § 745, as added and renumbered § 747,
Amendments
2010—Subsec. (c)(2)(B)(i)(II). Pub. L. 111–148, § 10501(a)(1), inserted “, including representatives of small business and self-employed individuals” after “employers”.
Subsec. (d)(4)(A)(iv), (v). Pub. L. 111–148, § 10501(a)(2), added cl. (iv) and redesignated former cl. (iv) as (v).
Subsec. (i)(2)(A), (C). Pub. L. 111–148, § 10501(a)(3), which directed insertion of “optometrists, ophthalmologists,” after “occupational therapists,” in subpar. (B) of subsec. (i)(2), was executed by making the insertion in subpars. (A) and (C). The words “occupational therapists,” do not appear in subpar. (B).
Miscellaneous
Pub. L. 111–148, title V, § 5001,
Definitions
Pub. L. 111–148, title V, § 5002(a),