[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4131 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4131
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
July 30, 2019
Ms. Matsui (for herself, Mrs. Brooks of Indiana, Mr. O'Halleran, Ms.
Kuster of New Hampshire, and Mr. Wittman) 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 2019''.
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'';
(2) by redesignating paragraph (58) as paragraph (59);
(3) by redesignating the second paragraph (57) (as added by
section 401(a) of the First Step Act of 2018 (Public Law 115-
391)) as paragraph (58); and
(4) by adding at the end the following:
``(60) 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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