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Appendix C Sec. 596 of Public Law 111-84, October 28, 2009 SEC. 596. > COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, AND TREATMENT OF SUBSTANCE USE DISORDERS AND DISPOSITION OF SUBSTANCE ABUSE OFFENDERS IN THE ARMED FORCES. (a) Review and Assessment of Current Capabilities.-- (1) In general.-- > Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall conduct a comprehensive review of the following: (A) The programs and activities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces. (B) The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separation. (2) Elements.--The review conducted under paragraph (1) shall include an assessment of each of the following: (A) The current state and effectiveness of the programs of the Department of Defense and the military departments [[Page 123 STAT. 2340]] relating to the prevention, diagnosis, and treatment of substance use disorders. (B) The adequacy of the availability of care, and access to care, for substance abuse in military medical treatment facilities and under the TRICARE program. 297

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298 SUBSTANCE USE DISORDERS IN THE U.S. ARMED FORCES (C) The adequacy of oversight by the Department of Defense of programs relating to the prevention, diagnosis, and treatment of substance abuse in members of the Armed Forces. (D) The adequacy and appropriateness of current credentials and other requirements for healthcare professionals treating members of the Armed Forces with substance use disorders. (E) The advisable ratio of physician and nonphysician care providers for substance use disorders to members of the Armed Forces with such disorders. (F) The adequacy and appropriateness of protocols and directives for the diagnosis and treatment of substance use disorders in members of the Armed Forces and for the disposition, including disciplinary action and administrative separation, of members of the Armed Forces for substance abuse. (G) The adequacy of the availability of and access to care for substance use disorders for members of the reserve components of the Armed Forces, including an identification of any obstacles that are unique to the prevention, diagnosis, and treatment of substance use disorders among members of the reserve components, and the appropriate disposition, including disciplinary action and administrative separation, of members of the reserve components for substance abuse. (H) The adequacy of the prevention, diagnosis, and treatment of substance use disorders in dependents of members of the Armed Forces. (I) Any gaps in the current capabilities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces. (3) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the findings and recommendations of the Secretary as a result of the review conducted under paragraph (1). The report shall-- (A) set forth the findings and recommendations of the Secretary regarding each element of the review specified in paragraph (2);

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APPENDIX C 299 (B) set forth relevant statistics on the frequency of substance use disorders, disciplinary actions, and administrative separations for substance abuse in members of the regular components of the Armed Forces, members of the reserve component of the Armed Forces, and to the extent applicable, dependents of such members (including spouses and children); and [[Page 123 STAT. 2341]] (C) include such other findings and recommendations on improvements to the current capabilities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces and the policies relating to the disposition, including disciplinary action and administrative separation, of members of the Armed Forces for substance abuse, as the Secretary considers appropriate. (b) Plan for Improvement and Enhancement of Programs and Policies.-- (1) Plan required.-- > Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for the improvement and enhancement of the following: (A) The programs and activities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces and their dependents. (B) The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separation. (2) Basis.--The comprehensive plan required by paragraph (1) shall take into account the following: (A) The results of the review and assessment conducted under subsection (a). (B) Similar initiatives of the Secretary of Veterans Affairs to expand and improve care for substance use disorders among veterans, including the programs and activities conducted under title I of the Veterans’ Mental Health and Other Care Improvements Act of 2008

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300 SUBSTANCE USE DISORDERS IN THE U.S. ARMED FORCES (Public Law 110-387; 112 Stat. 4112). (3) Comprehensive statement of policy.--The comprehensive plan required by paragraph (1) shall include a comprehensive statement of the following: (A) The policy of the Department of Defense regarding the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces and their dependents. (B) The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separation. (4) Availability of services and treatment.--The comprehensive plan required by paragraph (1) shall include mechanisms to ensure the availability to members of the Armed Forces and their dependents of a core of evidence-based practices across the spectrum of medical and non-medial services and treatments for substance use disorders, including the reestablishment of regional long-term inpatient substance abuse treatment programs. The Secretary may use contracted services for not longer than three years after the date of the enactment of this Act to perform such inpatient substance abuse treatment until the Department of Defense reestablishes this capability within the military health care system. [[Page 123 STAT. 2342]] (5) Prevention and reduction of disorders.--The comprehensive plan required by paragraph (1) shall include mechanisms to facilitate the prevention and reduction of substance use disorders in members of the Armed Forces through science-based initiatives, including education programs, for members of the Armed Forces and their dependents. (6) Specific instructions.--The comprehensive plan required by paragraph (1) shall include each of the following: (A) Substances of abuse.--Instructions on the prevention, diagnosis, and treatment of substance abuse in members of the Armed Forces, including the abuse of alcohol, illicit drugs, and nonmedical use and abuse of prescription drugs. (B) Healthcare professionals.--Instructions on-- (i) appropriate training of healthcare professionals in the prevention, screening,

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APPENDIX C 301 diagnosis, and treatment of substance use disorders in members of the Armed Forces; (ii) appropriate staffing levels for healthcare professionals at military medical treatment facilities for the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces; and (iii) such uniform training and credentialing requirements for physician and nonphysician healthcare professionals in the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces as the Secretary considers appropriate. (C) Services for dependents.--Instructions on the availability of services for substance use disorders for dependents of members of the Armed Forces, including instructions on making such services available to dependents to the maximum extent practicable. (D) Relationship between disciplinary action and treatment.--Policy on the relationship between disciplinary actions and administrative separation processing and prevention and treatment of substance use disorders in members of the Armed Forces. (E) Confidentiality.--Recommendations regarding policies pertaining to confidentiality for members of the Armed Forces in seeking or receiving services or treatment for substance use disorders. (F) Participation of chain of command.--Policy on appropriate consultation, reference to, and involvement of the chain of command of members of the Armed Forces in matters relating to the diagnosis and treatment of substance abuse and disposition of members of the Armed Forces for substance abuse. (G) Consideration of gender.--Instructions on gender specific requirements, if appropriate, in the prevention, diagnosis, treatment, and management of substance use disorders in members of the Armed Forces, including gender specific care and treatment requirements. (H) Coordination with other healthcare initiatives.--Instructions on the integration of efforts on the

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302 SUBSTANCE USE DISORDERS IN THE U.S. ARMED FORCES [[Page 123 STAT. 2343]] prevention, diagnosis, treatment, and management of substance use disorders in members of the Armed Forces with efforts to address co-occurring health care disorders (such as post-traumatic stress disorder and depression) and suicide prevention. (7) Other elements.--In addition to the matters specified in paragraph (3), the comprehensive plan required by paragraph (1) shall include the following: (A) Implementation plan.--An implementation plan for the achievement of the goals of the comprehensive plan, including goals relating to the following: (i) Enhanced education of members of the Armed Forces and their dependents regarding substance use disorders. (ii) Enhanced and improved identification and diagnosis of substance use disorders in members of the Armed Forces and their dependents. (iii) Enhanced and improved access of members of the Armed Forces to services and treatment for and management of substance use disorders. (iv) Appropriate staffing of military medical treatment facilities and other facilities for the treatment of substance use disorders in members of the Armed Forces. (B) Best practices.--The incorporation of evidence- based best practices utilized in current military and civilian approaches to the prevention, diagnosis, treatment, and management of substance use disorders. (C) Available research.--The incorporation of applicable results of available studies, research, and academic reviews on the prevention, diagnosis, treatment, and management of substance use disorders. (8) Update in light of independent study.--Upon the completion of the study required by subsection (c), the Secretary of Defense shall-- (A) in consultation with the Secretaries of the military departments, make such modifications and improvements to the comprehensive plan required by paragraph (1) as the Secretary of Defense considers appropriate in light of the findings and recommendations of the study; and

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APPENDIX C 303 (B) > submit to the congressional defense committees a report setting forth the comprehensive plan as modified and improved under subparagraph (A). (c) Independent Report on Substance Use Disorders Programs for Members of the Armed Forces.-- (1) Study required.--Upon completion of the policy review required by subsection (a), the Secretary of Defense shall provide for a study on substance use disorders programs for members of the Armed Forces to be conducted by the Institute of Medicine of the National Academies of Sciences or such other independent entity as the Secretary shall select for purposes of the study. (2) Elements.--The study required by paragraph (1) shall include a review and assessment of the following: (A) The adequacy and appropriateness of protocols for the diagnosis, treatment, and management of substance use disorders in members of the Armed Forces. [[Page 123 STAT. 2344]] (B) The adequacy of the availability of and access to care for substance use disorders in military medical treatment facilities and under the TRICARE program. (C) The adequacy and appropriateness of current credentials and other requirements for physician and non-physician healthcare professionals treating members of the Armed Forces with substance use disorders. (D) The advisable ratio of physician and non- physician care providers for substance use disorders to members of the Armed Forces with such disorders. (E) The adequacy of the availability of and access to care for substance use disorders for members of the reserve components of the Armed Forces when compared with the availability of and access to care for substance use disorders for members of the regular components of the Armed Forces. (F) The adequacy of the prevention, diagnosis, treatment, and management of substance use disorders programs for dependents of members of the Armed Forces, whether such dependents suffer from their own substance use disorder or because of the substance use disorder of

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304 SUBSTANCE USE DISORDERS IN THE U.S. ARMED FORCES a member of the Armed Forces. (G) Such other matters as the Secretary considers appropriate for purposes of the study. (3) Report.--Not later than two years after the date of the enactment of this Act, the entity conducting the study required by paragraph (1) shall submit to the Secretary of Defense and the congressional defense committees a report on the results of the study. The report shall set forth the findings and recommendations of the entity as a result of the study.