[Congressional Record Volume 164, Number 1 (Wednesday, January 3, 2018)]
[Senate]
[Pages S24-S25]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1868. Mr. McCONNELL (for Mrs. Ernst) proposed an amendment to the 
bill S. 925, to amend title 38, United States Code, to improve the 
ability of health care professionals to treat veterans through the use 
of telemedicine, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans E-Health and 
     Telemedicine Support Act of 2017'' or the ``VETS Act of 
     2017''.

     SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS PROVIDING 
                   TREATMENT VIA TELEMEDICINE.

       (a) In General.--Chapter 17 of title 38, United States 
     Code, is amended by inserting after section 1730A the 
     following new section:

     ``Sec. 1730B. Licensure of health care professionals 
       providing treatment via telemedicine

       ``(a) In General.--Notwithstanding any provision of law 
     regarding the licensure of health care professionals, a 
     covered health care professional may practice the health care 
     profession of the health care professional at any location in 
     any State, regardless of where the covered health care 
     professional or the patient is located, if the covered health 
     care professional is using telemedicine to provide treatment 
     to an individual under this chapter.
       ``(b) Covered Health Care Professionals.--For purposes of 
     this section, a covered health care professional is any 
     health care professional who--
       ``(1) is an employee of the Department appointed under the 
     authority under section 7306, 7401, 7405, 7406, or 7408 of 
     this title or title 5;
       ``(2) is authorized by the Secretary to provide health care 
     under this chapter;
       ``(3) is required to adhere to all standards of quality 
     relating to the provision of medicine in accordance with 
     applicable policies of the Department; and
       ``(4) has an active, current, full, and unrestricted 
     license, registration, or certification in a State to 
     practice the health care profession of the health care 
     professional.
       ``(c) Property of Federal Government.--Subsection (a) shall 
     apply to a covered health care professional providing 
     treatment to a patient regardless of whether the covered 
     health care professional or patient is located in a facility 
     owned by the Federal Government during such treatment.
       ``(d) Relation to State Law.--(1) The provisions of this 
     section shall supersede any provisions of the law of any 
     State to the extent that such provision of State law are 
     inconsistent with this section.
       ``(2) No State shall deny or revoke the license, 
     registration, or certification of a covered health care 
     professional who otherwise meets the qualifications of the 
     State for holding the license, registration, or certification 
     on the basis that the covered health care professional has 
     engaged or intends to engage in activity covered by 
     subsection (a).
       ``(e) 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 (21 U.S.C. 801 et seq.).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by inserting 
     after the item relating to section 1730A the following new 
     item:

``1730B. Licensure of health care professionals providing treatment via 
              telemedicine.''.

       (c) Report on Telemedicine.--
       (1) In general.--Not later than one year after the earlier 
     of the date on which services provided under section 1730B of 
     title 38, United States Code, as added by subsection (a), 
     first occur or regulations are promulgated to carry out such 
     section, the Secretary of Veterans Affairs shall submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report on the effectiveness of the use of 
     telemedicine by the Department of Veterans Affairs.
       (2) Elements.--The report required by paragraph (1) shall 
     include an assessment of the following:
       (A) The satisfaction of veterans with telemedicine 
     furnished by the Department.
       (B) The satisfaction of health care providers in providing 
     telemedicine furnished by the Department.
       (C) The effect of telemedicine furnished by the Department 
     on the following:
       (i) The ability of veterans to access health care, whether 
     from the Department or from non-Department health care 
     providers.
       (ii) The frequency of use by veterans of telemedicine.
       (iii) The productivity of health care providers.
       (iv) Wait times for an appointment for the receipt of 
     health care from the Department.
       (v) The use by veterans of in-person services at Department 
     facilities and non-Department facilities.
       (D) The types of appointments for the receipt of 
     telemedicine furnished by the Department that were provided 
     during the one-year period preceding the submittal of the 
     report.
       (E) The number of appointments for the receipt of 
     telemedicine furnished by the Department that were requested 
     during such period, disaggregated by medical facility.

[[Page S25]]

       (F) Savings by the Department, if any, including travel 
     costs, from furnishing health care through the use of 
     telemedicine during such period.

                          ____________________