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)).

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.