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Modification of authority of licensure of health care professionals providing treatment via telemedicine

Title VI: Veterans’ Assuring Critical Care Expansions to Support Servicemembers · Subtitle C: Staffing Matters

Plain-language summaryAI

Health care professionals working for the Department of Veterans Affairs can provide telemedicine services and prescribe controlled substances across state lines without being limited by state licensing laws. This applies regardless of where the professional or patient is located, including certain associated states. Some exceptions are specified for professionals providing care outside VA facilities or conducting disability evaluations under contract.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 638.
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(1)

by amending subsection (a) to read as follows:

(a) In general

Notwithstanding any provision of law regarding the licensure of health care professionals or the prescribing of controlled substances, a covered health care professional may practice the health care profession of the health care professional and prescribe controlled substances at any location in any State or any of the Freely Associated States (as defined in section 1724(f) of this title), 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 or prescribe controlled substances to an individual under this chapter.

(2)

in subsection (b), by adding at the end the following new paragraph:

(4)

A health care professional who is a contractor of the Department acting in the scope of a contract with the Department to furnish care in a facility or clinic of the Department and who 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, excluding the following:

(A)

A health care professional located outside a facility or clinic of the Department providing care through the Veterans Community Care Program under section 1703 of this title or a similar authority under the laws administered by the Secretary.

(B)

A health care professional conducting disability compensation evaluations pursuant to a contract with the Department.

(3)

in subsection (d)—

(A)

by redesignating paragraph (2) as paragraph (3); and

(B)

by inserting after paragraph (1) the following new paragraph (2):

(2)

State laws that may be inconsistent under paragraph (1) include—

(A)

the laws of—

(i)

the State of licensure, certification, or registration of the covered health care professional;

(ii)

the State of practice of the covered health care professional;

(iii)

the State in which the patient is located; or

(iv)

the State of residence of the patient; and

(B)

such laws specified under subparagraph (A) as incorporated by the Controlled Substances Act ( 21 U.S.C. 801 et seq. ).

(4)

in subsection (e), striking Nothing and inserting Except as provided in subsections (a) and (d), nothing. .