[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5541 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5541

     To provide temporary licensing reciprocity for telehealth and 
                   interstate health care treatment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2023

Mr. Latta (for himself and Mrs. Dingell) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To provide temporary licensing reciprocity for telehealth and 
                   interstate health care treatment.

    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 ``Temporary Reciprocity to Ensure 
Access to Treatment Act'' or the ``TREAT Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) the term ``health care professional'' means an 
        individual who--
                    (A) has a valid and unrestricted license or 
                certification from, or is otherwise authorized by, a 
                State, the District of Columbia, or a territory or 
                possession of the United States, for any health 
                profession, including mental health; and
                    (B) is not affirmatively excluded from practice in 
                the licensing or certifying jurisdiction or in any 
                other jurisdiction;
            (2) the term ``Secretary'' means the Secretary of Health 
        and Human Services;
            (3) the term ``telehealth services'' means use of 
        telecommunications and information technology (including 
        synchronous or asynchronous audio-visual, audio-only, or store 
        and forward technology) to provide access to mental health 
        assessment, diagnosis, treatment, intervention, consultation, 
        supervision, and information across distance; and
            (4) the terms ``emergency area'' and ``emergency period'' 
        have the meaning given such terms in section 1135(g) of the 
        Social Security Act (42 U.S.C. 1320b-5(g)).

SEC. 3. TEMPORARY AUTHORIZATION OF TELEHEALTH AND INTERSTATE TREATMENT.

    (a) In General.--Notwithstanding any other provision of Federal or 
State law or regulation regarding the licensure or certification of 
health care providers or the provision of telehealth services, a health 
care professional may practice within the scope of the individual's 
license, certification, or authorization described in section 3(1)(A), 
with respect to mental health services, through telehealth, in any 
emergency area during an emergency period, based on the licensure, 
certification, or authorization of such individual in any one State, 
the District of Columbia, or territory or possession of the United 
States.
    (b) Scope of Telehealth Services.--Telehealth services authorized 
by this section are mental health services provided to any patient 
regardless of whether the health care professional has a prior 
treatment relationship with the patient, provided that, if the health 
care professional does not have a prior treatment relationship with the 
patient, a new relationship may be established only via a written 
acknowledgment or synchronous technology.
    (c) Initiation of Telehealth Services.--Before providing telehealth 
services authorized by this section, the health care professional 
shall--
            (1) verify the identification of the patient receiving 
        health services;
            (2) obtain oral or written acknowledgment from the patient 
        (or legal representative of the patient) to perform telehealth 
        services, and if such acknowledgment is oral, make a record of 
        such acknowledgment; and
            (3) obtain or confirm an alternative method of contacting 
        the patient in case of a technological failure.
    (d) Written Notice of Provision of Services.--As soon as 
practicable, but not later than 30 days after first providing services 
pursuant to this section in a jurisdiction other than the jurisdiction 
in which a health care professional is licensed, certified, or 
otherwise authorized, such health care professional shall provide 
written notice to the applicable licensing, certifying, or authorizing 
authority in the jurisdiction in which the health care professional 
provided such services. Such notice shall include the health care 
professional's--
            (1) name;
            (2) email address;
            (3) phone number;
            (4) State of primary license, certification, or 
        authorization; and
            (5) license, certification, or authorization type, and 
        applicable number or identifying information with respect to 
        such license, certification, or authorization.
    (e) Clarification.--Nothing in this section authorizes a health 
care professional to--
            (1) practice beyond the scope of practice authorized by--
                    (A) any State, District of Columbia, territorial, 
                or local authority in the jurisdiction in which the 
                health care professional holds a license, 
                certification, or authorization described in section 
                3(1)(A); or
                    (B) any State, District of Columbia, territorial, 
                or local authority in the jurisdiction in which the 
                patient receiving services is located;
            (2) provide any service or subset of services prohibited by 
        any such authority in the jurisdiction in which the patient 
        receiving services is located;
            (3) provide any service or subset of services in a manner 
        prohibited by any such authority the jurisdiction in which the 
        patient receiving services is located; or
            (4) provide any service or subset of services in a manner 
        other than the manner prescribed by any such authority in the 
        jurisdiction in which the patient receiving services is 
        located.
    (f) Investigative and Disciplinary Authority.--A health care 
professional providing services pursuant to the authority under this 
section shall be subject to investigation and disciplinary action by 
the licensing, certifying, or authorizing authorities in the 
jurisdiction in which the patient receiving services is located. The 
jurisdiction in which the patient receiving services is located shall 
have the authority to preclude the health care provider from practicing 
further in its jurisdiction, whether such practice is authorized by the 
laws of such jurisdiction or the authority granted under this section, 
and shall report any such preclusion to the licensing authority in the 
jurisdiction in which the health care provider is licensed, certified, 
or authorized.
    (g) Multiple Jurisdiction Licensure.--Notwithstanding any other 
provision of this section, a health care professional shall be subject 
to the requirements of the jurisdiction of licensure if the 
professional is licensed in the State, the District of Columbia, or 
territory or possession where the patient is located.
    (h) Interstate Licensure Compacts.--If a health care professional 
is licensed in multiple jurisdictions through an interstate licensure 
compact, with respect to services provided to a patient located in a 
jurisdiction covered by such compact, the health care professional 
shall be subject to the requirements of the compact and not this 
section.
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