II 111th CONGRESS 2d Session S. 3371 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.

1.

Short title

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

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.