Pursuant to section 13 of this title, the Secretary, acting through the Service, shall develop and operate a Community Health Aide Program in the State of Alaska under which the Service-
The Secretary, acting through the Community Health Aide Program of the Service, shall-
The Secretary, acting through the Service, shall establish a neutral panel to carry out the study under paragraph (2).
Members of the neutral panel shall be appointed by the Secretary from among clinicians, economists, community practitioners, oral epidemiologists, and Alaska Natives.
The neutral panel established under paragraph (1) shall conduct a study of the dental health aide therapist services provided by the Community Health Aide Program under this section to ensure that the quality of care provided through those services is adequate and appropriate.
The Secretary, in consultation with interested parties, including professional dental organizations, shall develop the parameters of the study.
The study shall include a determination by the neutral panel with respect to-
In carrying out the study under this paragraph, the neutral panel shall consult with Alaska tribal organizations with respect to the adequacy and accuracy of the study.
The neutral panel shall submit to the Secretary, the Committee on Indian Affairs of the Senate, and the Committee on Natural Resources of the House of Representatives a report describing the results of the study under paragraph (2), including a description of-
Except as provided in paragraph (2), the Secretary, acting through the Service, may establish a national Community Health Aide Program in accordance with the program under this section, as the Secretary determines to be appropriate.
Subject to paragraphs (3) and (4), in establishing a national program under paragraph (1), the Secretary-
Subparagraph (B) of paragraph (2) shall not apply in the case of an election made by an Indian tribe or tribal organization located in a State (other than Alaska) in which the use of dental health aide therapist services or midlevel dental health provider services is authorized under State law to supply such services in accordance with State law.
On an election by an Indian tribe or tribal organization under subparagraph (A), the Secretary, acting through the Service, shall facilitate implementation of the services elected.
The Secretary shall not fill any vacancy for a certified dentist in a program operated by the Service with a dental health aide therapist.
Nothing in this section shall restrict the ability of the Service, an Indian tribe, or a tribal organization to participate in any program or to provide any service authorized by any other Federal law.
25 U.S.C. § 1616l
EDITORIAL NOTES
CODIFICATIONAmendment by section 10221(a) of Pub. L. 111-148 is based on section 111 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111-148 except as provided in section 10221(b)(1) of Pub. L. 111-148.
AMENDMENTS2010- Pub. L. 111-148, §10221(a), amended section generally. Prior to amendment, section related to maintenance of Community Health Aide Program for Alaska and related training, curriculum, and establishment and maintenance of Certification Board.Subsec. (d)(2). Pub. L. 111-148, §10221(b)(1)(A)(i), substituted "Subject to paragraphs (3) and (4), in establishing" for "In establishing" in introductory provisions.Subsec. (d)(3), (4). Pub. L. 111-148, §10221(b)(1)(A)(ii), added pars. (3) and (4).Subsec. (e). Pub. L. 111-148, §10221(b)(1)(B), added subsec. (e).
- Indian tribe
- The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
- Service
- The term "Service" means the Indian Health Service.
- health promotion
- The term "health promotion" means any activity for-(A) fostering social, economic, environmental, and personal factors conducive to health, including raising public awareness regarding health matters and enabling individuals to cope with health problems by increasing knowledge and providing valid information;(B) encouraging adequate and appropriate diet, exercise, and sleep;(C) promoting education and work in accordance with physical and mental capacity;(D) making available safe water and sanitary facilities;(E) improving the physical, economic, cultural, psychological, and social environment;(F) promoting culturally competent care; and(G) providing adequate and appropriate programs, including programs for-(i) abuse prevention (mental and physical);(ii) community health;(iii) community safety;(iv) consumer health education;(v) diet and nutrition;(vi) immunization and other methods of prevention of communicable diseases, including HIV/AIDS;(vii) environmental health;(viii) exercise and physical fitness;(ix) avoidance of fetal alcohol spectrum disorders;(x) first aid and CPR education;(xi) human growth and development;(xii) injury prevention and personal safety;(xiii) behavioral health;(xiv) monitoring of disease indicators between health care provider visits through appropriate means, including Internet-based health care management systems;(xv) personal health and wellness practices;(xvi) personal capacity building;(xvii) prenatal, pregnancy, and infant care;(xviii) psychological well-being;(xix) reproductive health and family planning;(xx) safe and adequate water;(xxi) healthy work environments;(xxii) elimination, reduction, and prevention of contaminants that create unhealthy household conditions (including mold and other allergens);(xxiii) stress control;(xxiv) substance abuse;(xxv) sanitary facilities;(xxvi) sudden infant death syndrome prevention;(xxvii) tobacco use cessation and reduction;(xxviii) violence prevention; and(xxix) such other activities identified by the Service, a tribal health program, or an urban Indian organization to promote achievement of any of the objectives referred to in section 1602(2) of this title.