25 USC Ch. 18: INDIAN HEALTH CARE

25 USC Ch. 18: INDIAN HEALTH CARE

Although the Secretary may promote traditional health care practices, consistent with the Service standards for the provision of health care, health promotion, and disease prevention under this Act, the United States is not liable for any provision of traditional health care practices pursuant to this Act that results in damage, injury, or death to a patient. Nothing in this subsection shall be construed to alter any liability or other obligation that the United States may otherwise have under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or this Act.

25 USC Ch. 18: INDIAN HEALTH CARE (6) promote traditional health care practices of the Indian tribes served …… the utilization and promotion of the traditional Indian health care and treatment…

Sec.1616. Community Health Representative Program

(a) Under the authority of section 13 of this title, the Secretary shall maintain a Community Health Representative Program under which the Service –

(1) provides for the training of Indians as health paraprofessionals, and

(2) uses such paraprofessionals in the provision of health care, health promotion, and disease prevention services to Indian communities.

(b) The Secretary, acting through the Community Health Representative Program of the Service, shall –

(1) provide a high standard of training for paraprofessionals to Community Health Representatives to ensure that the Community Health Representatives provide quality health care, health promotion, and disease prevention services to the Indian communities served by such Program,

(2) in order to provide such training, develop and maintain a curriculum that –

(A) combines education in the theory of health care with supervised practical experience in the provision of health care, and

(B) provides instruction and practical experience in health promotion and disease prevention activities, with appropriate

consideration given to lifestyle factors that have an impact on Indian health status, such as alcoholism, family dysfunction, and poverty,

(3) maintain a system which identifies the needs of Community Health Representatives for continuing education in health care,

health promotion, and disease prevention and maintain programs that meet the needs for such continuing education,

(4) maintain a system that provides close supervision of Community Health Representatives,

(5) maintain a system under which the work of Community Health Representatives is reviewed and evaluated, and

(6) promote traditional health care practices of the Indian tribes served consistent with the Service standards for the

provision of health care, health promotion, and disease prevention.

-SOURCE-

(Pub. L. 94-437, title I, Sec. 107, as added Pub. L. 100-713, title

I, Sec. 107, Nov. 23, 1988, 102 Stat. 4788; amended Pub. L. 102-

573, title I, Sec. 105, Oct. 29, 1992, 106 Stat. 4535

References/sources

Material regarding OPM+

http://www.opm.gov/oca/fmla/fmla96.pdf
http://www.opm.gov/oca/fmla/
http://uscode.house.gov/download/pls/25C18.txt

Mental Health
http://us-code.vlex.com/vid/mental-prevention-treatment-services-19207699

Sec. 831. Traditional health care practices.
http://www.house.gov/legcoun/Comps/IHCIA.pdf

Extensive, 2003 Congressional Record citation regarding Tribal Traditional Medicine Practices!
http://books.google.com/books?id=rT9PtP4vR-0C&pg=PA5495&lpg=PA5495&dq=25+USC+13+(B)(4)+Utilization+and+promotion+of+Traditional+Indian+Health+Care+and+Treatment+Practices&source=bl&ots=2kFuEvCgRS&sig=-Fr3YzRaVIe941xe7MLhgEomrQ4&hl=en&sa=X&ei=DPWrUPmQGKSayQHV-4CwAw&ved=0CEoQ6AEwBA#v=onepage&q=25%20USC%2013%20(B)(4)%20Utilization%20and%20promotion%20of%20Traditional%20Indian%20Health%20Care%20and%20Treatment%20Practices&f=false

California information traditional healers
http://www.calendow.org/uploadedfiles/principles_standards_cultural_competence.pdf

5 USC 6381 (2)(B)the term ‘Health Care Provider’ includes Traditional Tribal (American Native Culture) Healing and Empower Practitioner (ONAC Medicine Person and/or Spiritual Leader). Note, the following designations are used by ONAC – Certified Traditional Tribal Healer (CTTH) or Certified Traditional Tribal Practitioner (CTTP) and said designated individuals are found on ONAC Spiritual Leader Registry.  The CTTH designated Gatherings of providers pertains to those Healers and Empowers who’s training & education pertains to counseling professionals, Indigenous American Native  Spiritual Leaders trained in conducting Indigenous American Native Culture Ceremonies; Such as the Sacred Breath, Touch for Health (Holy Anointing), Sacred Prayer Pipe, Sacrament (Peyote), Sun Dance and Sweat Lodge spiritual practices.  Whereas, the CTTP pertains to individuals with clinical education and training.  ONAC welcomes in receiving individuals who have earned prior certifications (ie., Masters of Social Worker, MSW and etc.) and desire to earn an ONAC Spiritual Leader Status by attending ONAC Educational Gatherings and/or in-depth evaluations by an ONAC Elder Spiritual Leader that places them in their analogous Registry ONAC Spiritual Leaders Status.

Under 5 U.S.C. 6381(2)(B), OPM is authorized to designate any other health care provider who is determined by OPM to be capable of providing health care services. In response to these comments, OPM has revised the definition of “health care provider” to include a Native American, including an Eskimo, Aleut, and Native Hawaiian, who is recognized as a traditional healing practitioner by native traditional religious leaders and who practices traditional healing methods as believed, expressed, and exercised and in Indian religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, consistent with the Native American Religious Freedom Act.

SourceURL:file://localhost/Users/jameswarrenflamingeaglemooney/Desktop/TTML3%20_Notes%20for%20ONAC.docx

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(g) Mental Health Technician program
(1) Under the authority of section 13 of this title, the Secretary shall establish and maintain a Mental Health Technician program within the Service which—

(4) The Secretary shall ensure that the program established pursuant to this subsection involves the utilization and promotion of the traditional Indian health care and treatment practices of the Indian tribes to be served.
http://www.law.cornell.edu/uscode/text/25/1621h

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Citation from Indian Health Care Improvement Act September 16, 2010
[Sec. 199A] Traditional Health Care Practices (25U.S.C. § 1680u)
Provides that although the Secretary may promote traditional health care practices, consistent with the Service standards for health care, the United States is not liable for any provisions of traditional health care practices pursuant to this Act that results in damage, injury, or death to the patient.  Although the Secretary may promote traditional health practices for the purposes of providing health care, health promotion, and disease prevention services, the United States is not liable for any provision of traditional health care practices that results in damage, injury, or death to the patient.
• Provisions related to traditional health care practices without liability are operative.
Applicable references in IHS policy manuals are being updated.
http://www.ihs.gov/PublicAffairs/DirCorner/docs/IHCIA%20STATUS%20TABLE%204-5-12%20FINAL.pdf

25 USC 13 (B)(4) – Utilization and promotion of Traditional Indian (Indigenous American Native Culture) Health Care and Treatment Practices:  ONAC has its own system for certifying and registering designated Indigenous American Native Health Care Provider(s). Note: the Bureau of Indian Affairs (BIA), by ‘does not’ have any oversight concerns with ONAC

25 USC 18 § 1616 (b)(6) To promote Indigenous American Native Culture Health Care  and Treatment Practices of the American Native Culture.

25 USC 18 § 1621 (a)(4)(D) The term of Native Medicine Man or Women will suffice for general public; but as with all American Native Cultures, not all Medicine Men or Women practice the full spectrum that tradition allows. ONAC has Gathering Programs and Spiritual Leader registry to recognize and authorize individuals at their achieved levels (Status) of Indigenous American Native Culture Health Care programs.

 

Note, each ONAC entity registered or affiliated with ONAC is responsible and held accountable for ensuring that their American Native Culture Ceremonies and their Spiritual Leader’s have achieved an approved Status through successfully completing ONAC Gathering Programs (ie., interns) and strictly adheres to ONAC Code of Ethics.