The American Academy of Pain Medicine

2009 National Defense Authorization Act Signed into Law

The 2009 National Defense Authorization Act (S 3001), which includes an important pain care initiative titled the "Pain Care Initiative in Military Health Care Facilities," was signed into law by President Bush on October 14.

The House report directs the Secretary of Defense, together with the Secretary of Veterans Affairs and the Secretary of Health and Human Services, to develop a plan for a pain care initiative in all health care facilities of the uniformed services. The plan would be required to include elements ensuring that all military health care patients be assessed for pain at the time of their first visit and that they receive appropriate pain care, including access to specialty pain management services.  The Secretary of Defense would also be required to submit a report on the initiative to both the House and the Senate Armed Services Committees within nine months after the enactment date.

Read the House Report

The Military Pain Care Act of 2008 (HR 5465), which supported comprehensive care and established pain as a specialty, was introduced in early 2008 in the House of Representatives by Rep. David Loebsack (D-IA). The bill would have required the Department of Defense to implement a pain care initiative to administer comprehensive pain care for the many active and retired military personnel being saved in battle who will confront chronic or acute pain.

Language from that bill was later included in the 2009 National Defense Authorization Act (HR 5658), which passed the House in May. Meanwhile, the Senate passed its version of the 2009 National Defense Authorization Act (S 3001). With time running out before the fall recess, House leaders opted to try to push S 3001 through the House. Before bringing up the bill for a vote, they attached the House pain care report, which accomplishes some of the goals set forth in HR 5465. On September 24, the full House approved S 3001. Because it had been changed, it had to go to the Senate for a final vote. On September 27, the Senate approved S 3001.

Enactment of S 3001 marks a successful collaborative effort by AAPM and our colleagues on the Pain Care Coalition.