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Bill
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H.R. 3525 — what changed

U.S. Border Patrol Medical Screening Standards Act

From Reported in House to Engrossed in House. 2 sections amended and 1 removed between Reported in House and Engrossed in House.

2. Research regarding provision of medical screening of individuals interdicted by U.S. Customs and Border Protection between ports of entry

(a)
changed In general— Subtitle C Not later than 1 year after the date of title IV the enactment of this Act, the Secretary of Homeland Security Act Security, acting through the Under Secretary for Science and Technology of 2002 (6 U.S.C. 231) is amended by adding at the end Department of Homeland Security, in coordination with the following new section:Commissioner of U.S. Customs and Border Protection and the Chief Medical Officer of the Department, shall research innovative approaches to address capability gaps regarding the provision of comprehensive medical screening of individuals, particularly children, pregnant women, the elderly, and other vulnerable populations, interdicted by U.S. Customs and Border Protection between ports of entry and issue to the Secretary recommendations for any necessary corrective actions.

removed “437. Medical screening of individuals interdicted between ports of entry

removed “(a) In general—To improve border security and the processing of individuals and families interdicted by the U.S. Border Patrol between ports of entry, the Commissioner of U.S. Customs and Border Protection, in coordination with the Chief Medical Officer of the Department, shall, not later than 30 days after the date of the enactment of this section, establish uniform processes and training to ensure consistent and efficient medical screening of all individuals, with priority given to children who have not yet attained the age of 18, so interdicted before transfer from U.S. Customs and Border Protection custody, but in no case longer than 12 hours after such interdiction, or 6 hours in the case of a high priority individual. Such screening should be conducted by a medical professional and should be developed in collaboration with non-governmental experts in the delivery of health care in humanitarian crises and in the delivery of health care to children.

removed “(b) Screening process components—At a minimum, the uniform processes and training established under subsection (a) shall include the following:

removed “(1) Requirements for initial in-person screening that includes documentation of the following:

removed “(A) Visual assessment of overall physical and behavioral state, including any possible disability.

removed “(B) A brief medical history, including demographic information, current medications (including a list of confiscated medications and whether such have been replaced), and any chronic or past illnesses.

removed “(C) Any current medical complaints.

removed “(D) A physical examination that includes the screening of vital signs such as body temperature, pulse rate, and blood pressure.

removed “(2) Criteria for determining when to make a referral to higher medical care and a process to execute such referral.

removed “(3) Recordkeeping requirements regarding how information is to be recorded for each initial screening under paragraph (1), including information on the use of interpretation services.

removed “(4) Review by a medical professional of any prescribed medication that is in the detainee’s possession or that was confiscated upon arrival to determine if such medication may be kept by such detainee for use during detention, properly stored with appropriate access for use during detention, or maintained with a detainee’s personal property.

removed “(5) Chaperones for the physical examination of minors, including, as appropriate, the parent, legal guardian, or the such minors’ closest present adult relative, or a U.S. Border Patrol agent of the same gender.

removed “(c) Pediatric expertise—A pediatric medical expert shall be on site in every U.S. Border Patrol sector, including at U.S. Border Patrol processing centers and at U.S. Border Patrol facilities at which 20 percent or more of detained individuals over the immediately preceding six month period are minors. The Chief of the U.S. Border Patrol shall prepare a plan to deploy in-person or technology-facilitated medical consultation with a licensed medical professional to U.S. Border Patrol facilities that experience an increase in apprehensions of children greater than 10 percent over the preceding 60 days.

removed “(d) Definition—In this section, the term “high priority individual” means an individual who self-identifies as having a medical condition needing prompt attention, exhibits signs of acute illness, is pregnant, is a child, or is elderly.

removed “(e) Training—Not later than 60 days after the issuance of the uniform processes and training established under subsection (a), the Commissioner of U.S. Customs and Border Protection shall ensure that any individual carrying out medical screening under this section at a U.S. Customs and Border Protection facility of individuals interdicted by the U.S. Border Patrol between ports of entry shall complete training on such uniform processes.”

(b)
changed Rule of construction—Consultation— Nothing in this section or In carrying out the amendment made by this section may be construed as authorizing U.S. Customs and Border Protection to detain individuals research required under subsection (a), the Under Secretary for longer than 72 hours.Science and Technology of the Department of Homeland Security shall consult with appropriate national professional associations with expertise and non-governmental experts in emergency, nursing, and other medical care, including pediatric care.
(c)
changed Clerical amendment—Report— The table Secretary of contents in section 1(b) Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security Act and Governmental Affairs of 2002 is amended by inserting after the item Senate a report containing the recommendations referred to in subsection (a), together with information relating to section 436 what actions, if any, the following new item:Secretary plans to take in response to such recommendations.

3. Electronic health records implementation

(a)
changed In general— Not later than one year 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology Chief Information Officer of the Department of Homeland Security, in coordination with the Commissioner of U.S. Customs and Border Protection and the Chief Medical Officer of the Department, shall research innovative approaches to address capability gaps regarding the provision of comprehensive medical screening of individuals, particularly children, pregnant women, establish within the elderly, and other vulnerable populations, interdicted Department an electronic health record system that can be accessed by U.S. Customs and Border Protection between ports all departmental components operating along the borders of entry and issue to the Secretary recommendations United States for any necessary corrective actions.individuals in the custody of such components.
(b)
changed Consultation—Assessment— In carrying out the research required under subsection (a), Not later than 120 days after the Under Secretary for Science and Technology implementation of the Department of Homeland Security shall consult with appropriate national professional associations with expertise and non-governmental experts electronic health records system, the Chief Information Officer, in emergency, nursing, coordination with the Chief Medical Officer, shall conduct an assessment of such system to determine system capacity for improvement and other medical care, including pediatric care.interoperability.
(c)
removed Report— The Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the recommendations referred to in subsection (a), together with information relating to what actions, if any, the Secretary plans to take in response to such recommendations.

4. Electronic health records implementation

removed
(a)
removed In general— Not later than 30 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Homeland Security, in coordination with the Chief Medical Officer of the Department, shall establish within the Department an electronic health record system that can be accessed by all departmental components operating along the borders of the United States for individuals in the custody of such components.
(b)
removed Assessment— Not later than 120 days after the implementation of the electronic health records system, the Chief Information Officer, in coordination with the Chief Medical Officer, shall conduct an assessment of such system to determine system capacity for improvement and interoperability.