[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3371 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3371

  To amend title 10, United States Code, to improve access to mental 
    health care counselors under the TRICARE program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2010

Mrs. McCaskill (for herself, Mr. Lieberman, and Ms. Collins) introduced 
the following bill; which was read twice and referred to the Committee 
                           on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to improve access to mental 
    health care counselors under the TRICARE program, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TRICARE Mental Health Care Access 
Act''.

SEC. 2. MENTAL HEALTH COUNSELORS UNDER THE TRICARE PROGRAM.

    (a) Referral Under TRICARE.--
            (1) Referral.--Paragraph (8) of section 1079(a) of title 
        10, United States Code, is amended--
                    (A) by inserting ``or licensed or certified mental 
                health counselors'' after ``certified marriage and 
                family therapists'' both places it appears; and
                    (B) by inserting ``or licensed or certified mental 
                health counselors'' after ``that the therapists''.
            (2) Authority to assess medical or psychological necessity 
        of service or supply.--Paragraph (13) of such section is 
        amended by inserting ``licensed or certified mental health 
        counselor,'' after ``certified marriage and family 
        therapist,''.
    (b) Services of Mental Health Counselors.--
            (1) Authority to enter into personal services contracts.--
        Section 704(c)(2) of the National Defense Authorization Act for 
        Fiscal Year 1995 (10 U.S.C. 1091 note) is amended by inserting 
        ``mental health counselors,'' after ``psychologists,''.
            (2) Applicability of licensure requirements for health care 
        professionals.--Section 1094(e)(2) of title 10, United States 
        Code, is amended by inserting ``mental health counselor,'' 
        after ``psychologist,''.
    (c) Requirements for Mental Health Counselors Practicing Under 
TRICARE.--For purposes of practicing as a mental health counselor under 
the TRICARE program pursuant to the amendments made by subsections (a) 
and (b), an individual shall meet the following:
            (1) The individual shall possess a masters degree or higher 
        level degree in counseling from a program in mental health 
        counseling or clinical mental health counseling that is 
        accredited by the Council for Accreditation of Counseling and 
        Related Educational Programs.
            (2) The individual shall possess a State license in mental 
        health counseling at the ``clinical'' or higher level or at the 
        highest level available in States that have tiered licensing 
        schemes.
            (3) The individual shall have passed the National Clinical 
        Mental Health Counseling Examination.
            (4) The individual shall have a well-defined scope of 
        practice (as determining utilizing a systematic assessment of 
        the professional competencies necessary to address the mental 
        and behavioral needs of the population of beneficiaries under 
        the TRICARE program).
    (d) Reports on Implementation.--
            (1) Initial report.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to Congress a report on the implementation of this 
        section and the amendments made by this section.
            (2) Updated report.--Not later than one year after the date 
        of the enactment of this Act, the Secretary shall submit to 
        Congress an update to the report submitted under paragraph (1).
    (e) TRICARE Program Defined.--In this section, the term ``TRICARE 
program'' has the meaning given that term in section 1072(7) of title 
10, United States Code.
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