[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9324 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9324

To amend title 38, United States Code, to authorize certain heath care 
    professionals employed by the Department of Veterans Affairs to 
    deliver, distribute, or dispense to veterans certain controlled 
 medications via telemedicine under certain conditions, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 2024

   Mr. Womack (for himself and Mr. Bishop of Georgia) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to authorize certain heath care 
    professionals employed by the Department of Veterans Affairs to 
    deliver, distribute, or dispense to veterans certain controlled 
 medications via telemedicine under certain conditions, 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 ``Protecting Veteran Access to 
Telemedicine Services Act of 2024''.

SEC. 2. DELIVERY, DISTRIBUTION, AND DISPENSATION OF CONTROLLED 
              MEDICATIONS BY COVERED DEPARTMENT OF VETERANS AFFAIRS 
              HEALTH CARE PROFESSIONALS VIA TELEMEDICINE.

    Subchapter III of chapter 17 of title 38, United States Code, is 
amended by adding at the end the following new section (and conforming 
the table of sections at the beginning of such chapter accordingly):
``Sec. 1730D. Delivery, distribution, and dispensation of controlled 
              medications via telemedicine
    ``(a) In General.--Pursuant to section 1730C of this title and 
subject to the requirements of title III of the Controlled Substances 
Act (21 U.S.C. 801 et seq.), a covered health care professional may use 
telemedicine to deliver, distribute, or dispense to a patient eligible 
to receive medical treatment under this chapter a controlled substance 
that is a prescription drug as determined under the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.) regardless of whether such 
covered health care professional has conducted an in-person medical 
examination of such patient if--
            ``(1) such covered health care professional is--
                    ``(A) authorized to prescribe the basic class of 
                such controlled substance under an active, current, 
                full, and unrestricted State license, registration, or 
                certification; and
                    ``(B) acting in the usual course of professional 
                practice; and
            ``(2) such substance is delivered, distributed, or 
        dispensed for a legitimate medical purpose.
    ``(b) Regulations.--The Secretary shall establish in regulations 
guidelines and a process for the delivery, distribution, and 
dispensation of a controlled substance pursuant to subsection (a).
    ``(c) Rule of Construction.--Nothing in this section may be 
construed to remove, limit, or otherwise affect any obligation of a 
covered health care professional under the Controlled Substances Act.
    ``(d) Definitions.-- In this section:
            ``(1) The terms `controlled substance', `deliver', 
        `dispense', and `distribute' have the meanings given such terms 
        in section 102 of the Controlled Substances Act, respectively.
            ``(2) The term `covered health care professional' means--
                    ``(A) a health care professional who--
                            ``(i) is an employee of the Department 
                        appointed under section 7306, 7401, 7405, 7406, 
                        or 7408 of this title or under title 5;
                            ``(ii) is not a contractor of the 
                        Department;
                            ``(iii) is authorized by the Secretary to 
                        provide health care under this chapter;
                            ``(iv) is required to adhere to all 
                        standards for quality relating to the provision 
                        of health care in accordance with applicable 
                        policies of the Department;
                            ``(v) has an active, current, full, and 
                        unrestricted license, registration, or 
                        certification or meets qualification standards 
                        set forth by the Secretary within a specified 
                        time frame; and
                            ``(vi) with respect to a health care 
                        profession listed under section 7402(b) of this 
                        title, has the qualifications for such 
                        profession as set forth by the Secretary; and
                    ``(B) a health professions trainee who--
                            ``(i) is appointed under section 7405 of 
                        this title; and
                            ``(ii) is under the clinical supervision of 
                        a health care professional described in 
                        subparagraph (A).''.
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