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 subsequently 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 eligibility of certain community mental health centers to register for purposes of the practice of telemedicine, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Access to 

5 Remote Behavioral Health Treatment Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 4131 IH

1 SEC. 2. REGISTRATION OF QUALIFIED COMMUNITY MEN2 TAL HEALTH CENTERS. 

3 (a) DEFINITIONS.—Section 102 of the Controlled 

4 Substances Act (21 U.S.C. 802) is amended— 

5 (1) by striking paragraph (54)(A)(i) and insert6 ing the following: 

7 ‘‘(i) while the patient is being treated by, 

8 and physically located in— 

9 ‘‘(I) a hospital or clinic registered 

10 under section 303(f); or 

11 ‘‘(II) a qualified community mental 

12 health center registered under section 

13 303(l); and’’; 

14 (2) by redesignating paragraph (58) as para15 graph (59); 

16 (3) by redesignating the second paragraph (57) 

17 (as added by section 401(a) of the First Step Act 

18 of 2018 (Public Law 115–391)) as paragraph (58); 

19 and 

20 (4) by adding at the end the following: 

21 ‘‘(60) The term ‘qualified community mental health 

22 center’ means a facility that— 

23 ‘‘(A)(i) meets the criteria specified in section 

24 1913(c) of the Public Health Service Act to be con25 sidered a community mental health center; or 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 4131 IH

1 ‘‘(ii) meets the criteria specified pursuant to 

2 section 223 of the Protecting Access to Medicare Act 

3 of 2014 to be considered a certified community be4 havioral health clinic; and 

5 ‘‘(B) is licensed, operated, authorized, certified, 

6 or otherwise recognized by a State government.’’. 

7 (b) REGISTRATION.—Section 303 of the Controlled 

8 Substances Act (21 U.S.C. 823) is amended by adding at 

9 the end the following: 

10 ‘‘(l) QUALIFIED COMMUNITY MENTAL HEALTH CEN11 TERS.— 

12 ‘‘(1) REGISTRATION.—The Attorney General 

13 shall register qualified community mental health 

14 centers to administer controlled substances through 

15 the practice of telemedicine. 

16 ‘‘(2) DENIAL OF APPLICATIONS.—The Attorney 

17 General may deny an application for registration 

18 under paragraph (1) if the Attorney General deter19 mines that the registration would be inconsistent 

20 with the public interest after considering— 

21 ‘‘(A) any recommendation by the licensing 

22 board or professional disciplinary authority of 

23 the State in which the applicant is located; 

24 ‘‘(B) the experience of the applicant in 

25 treating patients; 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 4131 IH

1 ‘‘(C) any conviction of an employee of the 

2 applicant under Federal or State law relating to 

3 treatment of patients; 

4 ‘‘(D) the compliance of the applicant with 

5 applicable Federal, State, or local laws relating 

6 to treatment of patients; and 

7 ‘‘(E) any other conduct by the applicant 

8 that may threaten the public’s health and safe9 ty.’’. 

10 (c) REPORT TO CONGRESS.—Not later than 60 days 

11 after the date of enactment of this Act, the Attorney Gen12 eral of the United States shall submit to the Congress a 

13 plan for implementation of the amendments made by sub14 sections (a) and (b). 

15 (d) DELAYED APPLICABILITY.—The amendments 

16 made by subsections (a) and (b) apply beginning on the 

17 date that is 120 days after the date of enactment of this 

18 Act. 

Æ 


kjohnson on DSK79L0C42 with BILLS