I 

115TH CONGRESS 

2D SESSION H. R. 5594 

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 

APRIL 24, 2018 

Mr. HARPER (for himself and Ms. MATSUI) 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 2018’’. 


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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’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(57) The term ‘qualified community mental health 

16 center’ means a facility that— 

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

18 1913(c) of the Public Health Service Act to be con19 sidered a community mental health center; or 

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

21 section 223 of the Protecting Access to Medicare Act 

22 of 2014 to be considered a certified community be23 havioral health clinic; and 

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

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


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

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

3 the end the following: 

4 ‘‘(l) QUALIFIED COMMUNITY MENTAL HEALTH CEN5 TERS.— 

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

7 shall register qualified community mental health 

8 centers to administer controlled substances through 

9 the practice of telemedicine. 

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

11 General may deny an application for registration 

12 under paragraph (1) if the Attorney General deter13 mines that the registration would be inconsistent 

14 with the public interest after considering— 

15 ‘‘(A) any recommendation by the licensing 

16 board or professional disciplinary authority of 

17 the State in which the applicant is located; 

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

19 treating patients; 

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

21 applicant under Federal or State law relating to 

22 treatment of patients; 

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

24 applicable Federal, State, or local laws relating 

25 to treatment of patients; and 


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

2 that may threaten the public’s health and safe3 ty.’’. 

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

5 after the date of enactment of this Act, the Attorney Gen6 eral of the United States shall submit to the Congress a 

7 plan for implementation of the amendments made by sub8 sections (a) and (b). 

9 (d) DELAYED APPLICABILITY.—The amendments 

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

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

12 Act. 

Æ 


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