Improving Access to Remote Behavioral Health Treatment Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4131 To amend the Controlled Substances Act to clarify the eligibility of certain community mental health centers to register for purposes of the practice of telemedicine, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 30, 2019 Ms. MATSUI (for herself, Mrs. BROOKS of Indiana, Mr. O’HALLERAN, Ms. KUSTER of New Hampshire, and Mr. WITTMAN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act to clarify the eligi- bility of certain community mental health centers to reg- ister for purposes of the practice of telemedicine, 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 ‘‘Improving Access to 4 Remote Behavioral Health Treatment Act of 2019’’. 5 VerDate Sep 11 2014 04:40 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4131.IH H4131 kjohnson on DSK79L0C42 with BILLS 2 •HR 4131 IH SEC. 2. REGISTRATION OF QUALIFIED COMMUNITY MEN- 1 TAL HEALTH CENTERS. 2 (a) DEFINITIONS.—Section 102 of the Controlled 3 Substances Act (21 U.S.C. 802) is amended— 4 (1) by striking paragraph (54)(A)(i) and insert- 5 ing the following: 6 ‘‘(i) while the patient is being treated by, 7 and physically located in— 8 ‘‘(I) a hospital or clinic registered 9 under section 303(f); or 10 ‘‘(II) a qualified community mental 11 health center registered under section 12 303(l); and’’; 13 (2) by redesignating paragraph (58) as para- 14 graph (59); 15 (3) by redesignating the second paragraph (57) 16 (as added by section 401(a) of the First Step Act 17 of 2018 (Public Law 115–391)) as paragraph (58); 18 and 19 (4) by adding at the end the following: 20 ‘‘(60) The term ‘qualified community mental health 21 center’ means a facility that— 22 ‘‘(A)(i) meets the criteria specified in section 23 1913(c) of the Public Health Service Act to be con- 24 sidered a community mental health center; or 25 VerDate Sep 11 2014 04:40 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4131.IH H4131 kjohnson on DSK79L0C42 with BILLS 3 •HR 4131 IH ‘‘(ii) meets the criteria specified pursuant to 1 section 223 of the Protecting Access to Medicare Act 2 of 2014 to be considered a certified community be- 3 havioral health clinic; and 4 ‘‘(B) is licensed, operated, authorized, certified, 5 or otherwise recognized by a State government.’’. 6 (b) REGISTRATION.—Section 303 of the Controlled 7 Substances Act (21 U.S.C. 823) is amended by adding at 8 the end the following: 9 ‘‘(l) QUALIFIED COMMUNITY MENTAL HEALTH CEN- 10 TERS.— 11 ‘‘(1) REGISTRATION.—The Attorney General 12 shall register qualified community mental health 13 centers to administer controlled substances through 14 the practice of telemedicine. 15 ‘‘(2) DENIAL OF APPLICATIONS.—The Attorney 16 General may deny an application for registration 17 under paragraph (1) if the Attorney General deter- 18 mines that the registration would be inconsistent 19 with the public interest after considering— 20 ‘‘(A) any recommendation by the licensing 21 board or professional disciplinary authority of 22 the State in which the applicant is located; 23 ‘‘(B) the experience of the applicant in 24 treating patients; 25 VerDate Sep 11 2014 04:40 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4131.IH H4131 kjohnson on DSK79L0C42 with BILLS 4 •HR 4131 IH ‘‘(C) any conviction of an employee of the 1 applicant under Federal or State law relating to 2 treatment of patients; 3 ‘‘(D) the compliance of the applicant with 4 applicable Federal, State, or local laws relating 5 to treatment of patients; and 6 ‘‘(E) any other conduct by the applicant 7 that may threaten the public’s health and safe- 8 ty.’’. 9 (c) REPORT TO CONGRESS.—Not later than 60 days 10 after the date of enactment of this Act, the Attorney Gen- 11 eral of the United States shall submit to the Congress a 12 plan for implementation of the amendments made by sub- 13 sections (a) and (b). 14 (d) DELAYED APPLICABILITY.—The amendments 15 made by subsections (a) and (b) apply beginning on the 16 date that is 120 days after the date of enactment of this 17 Act. 18 Æ VerDate Sep 11 2014 04:40 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H4131.IH H4131 kjohnson on DSK79L0C42 with BILLS