VA Mission Telehealth Clarification Act

II Calendar No. 553 116TH CONGRESS 2D SESSION H. R. 3228 IN THE SENATE OF THE UNITED STATES SEPTEMBER 23, 2020 Received; read twice and placed on the calendar AN ACT To amend title 38, United States Code, to authorize health professional trainees to provide treatment via telemedi- cine, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘VA Mission Telehealth 4 Clarification Act’’. 5 SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS 6 PROVIDING TREATMENT VIA TELEMEDICINE. 7 Section 1730C(b) of title 38, United States Code, is 8 amended to read as follows: 9 VerDate Sep 11 2014 23:21 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3228.PCS H3228 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 3228 PCS ‘‘(b) COVERED HEALTH CARE PROFESSIONALS.— 1 For purposes of this section, a covered health care profes- 2 sional is any of the following individuals: 3 ‘‘(1) A health care professional who— 4 ‘‘(A) is an employee of the Department ap- 5 pointed under section 7306, 7401, 7405, 7406, 6 or 7408 of this title, or under title 5; 7 ‘‘(B) is authorized by the Secretary to pro- 8 vide health care under this chapter; 9 ‘‘(C) is required to adhere to all standards 10 for quality relating to the provision of health 11 care in accordance with applicable policies of 12 the Department; and 13 ‘‘(D) has— 14 ‘‘(i) an active, current, full, and unre- 15 stricted license, registration, or certifi- 16 cation in a State to practice the health 17 care profession of the health care profes- 18 sional; 19 ‘‘(ii) qualifications prescribed by the 20 Secretary under section 7402(b) of this 21 title for an appointment to a position in 22 the Veterans Health Administration; or 23 ‘‘(iii) other authorization from the 24 Secretary to provide health care. 25 VerDate Sep 11 2014 23:21 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3228.PCS H3228 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 3228 PCS ‘‘(2) A health professions trainee who— 1 ‘‘(A) is appointed under section 7405 or 2 7406 of this title; and 3 ‘‘(B) is under the clinical supervision of a 4 health care professional described in paragraph 5 (1). 6 ‘‘(3) A health care professional who— 7 ‘‘(A) is appointed to a position described in 8 paragraph (1) or (3) of section 7401 of this 9 title under— 10 ‘‘(i) section 7401 of this title; 11 ‘‘(ii) section 7405 of this title; or 12 ‘‘(iii) title 5; 13 ‘‘(B) is in the process of obtaining, within 14 a timeframe prescribed by the Secretary— 15 ‘‘(i) a license, registration, or certifi- 16 cation described in paragraph (1)(D)(i); 17 ‘‘(ii) qualifications described in para- 18 graph (1)(D)(ii); or 19 ‘‘(iii) authorization described in sub- 20 paragraph (B) or (D)(iii) of paragraph (1); 21 and 22 VerDate Sep 11 2014 23:21 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3228.PCS H3228 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 3228 PCS ‘‘(C) is under the clinical supervision of a 1 health care professional described in paragraph 2 (1).’’. 3 Passed the House of Representatives September 22, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:21 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3228.PCS H3228 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 23:21 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3228.PCS H3228 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 553 116TH CONGRESS 2D SESSION H. R. 3228 AN ACT To amend title 38, United States Code, to author- ize health professional trainees to provide treat- ment via telemedicine, and for other purposes. SEPTEMBER 23, 2020 Received; read twice and placed on the calendar VerDate Sep 11 2014 23:21 Sep 23, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H3228.PCS H3228 pamtmann on DSKBC07HB2PROD with BILLS