[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5594 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5594

 To amend the Controlled Substances Act to clarify the eligibility of 
certain community mental health centers to register for purposes of the 
           practice of telemedicine, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2018

Mr. Harper (for himself and Ms. Matsui) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act to clarify the eligibility of 
certain community mental health centers to register for purposes of the 
           practice of telemedicine, 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 ``Improving Access to Remote 
Behavioral Health Treatment Act of 2018''.

SEC. 2. REGISTRATION OF QUALIFIED COMMUNITY MENTAL HEALTH CENTERS.

    (a) Definitions.--Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended--
            (1) by striking paragraph (54)(A)(i) and inserting the 
        following:
                    ``(i) while the patient is being treated by, and 
                physically located in--
                            ``(I) a hospital or clinic registered under 
                        section 303(f); or
                            ``(II) a qualified community mental health 
                        center registered under section 303(l); and''; 
                        and
            (2) by adding at the end the following:
    ``(57) The term `qualified community mental health center' means a 
facility that--
            ``(A)(i) meets the criteria specified in section 1913(c) of 
        the Public Health Service Act to be considered a community 
        mental health center; or
            ``(ii) meets the criteria specified pursuant to section 223 
        of the Protecting Access to Medicare Act of 2014 to be 
        considered a certified community behavioral health clinic; and
            ``(B) is licensed, operated, authorized, certified, or 
        otherwise recognized by a State government.''.
    (b) Registration.--Section 303 of the Controlled Substances Act (21 
U.S.C. 823) is amended by adding at the end the following:
    ``(l) Qualified Community Mental Health Centers.--
            ``(1) Registration.--The Attorney General shall register 
        qualified community mental health centers to administer 
        controlled substances through the practice of telemedicine.
            ``(2) Denial of applications.--The Attorney General may 
        deny an application for registration under paragraph (1) if the 
        Attorney General determines that the registration would be 
        inconsistent with the public interest after considering--
                    ``(A) any recommendation by the licensing board or 
                professional disciplinary authority of the State in 
                which the applicant is located;
                    ``(B) the experience of the applicant in treating 
                patients;
                    ``(C) any conviction of an employee of the 
                applicant under Federal or State law relating to 
                treatment of patients;
                    ``(D) the compliance of the applicant with 
                applicable Federal, State, or local laws relating to 
                treatment of patients; and
                    ``(E) any other conduct by the applicant that may 
                threaten the public's health and safety.''.
    (c) Report to Congress.--Not later than 60 days after the date of 
enactment of this Act, the Attorney General of the United States shall 
submit to the Congress a plan for implementation of the amendments made 
by subsections (a) and (b).
    (d) Delayed Applicability.--The amendments made by subsections (a) 
and (b) apply beginning on the date that is 120 days after the date of 
enactment of this Act.
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