I 

117TH CONGRESS 

1ST SESSION H. R. 688 

To permit a licensed health care provider to provide health care services 

to individuals in one or more States in which the provider is not licensed. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2021 

Mr. BUDD introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To permit a licensed health care provider to provide health 

care services to individuals in one or more States in 

which the provider is not licensed. 

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 ‘‘Equal Access to Care 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In public health emergencies, such as the 

9 Coronavirus Disease 2019 pandemic, it is of paraVerDate Sep 11 2014 23:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H688.IH H688

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1 mount importance to deliver medical resources to 

2 impacted areas where the need is greatest. 

3 (2) Technologies that allow health care pro4 viders to deliver care across great distances can de5 liver medical care into impacted areas, including 

6 mental health services and maintenance care for 

7 chronic illnesses. 

8 (3) Technologies that allow health care pro9 viders to deliver care across great distances can 

10 thereby free local providers to address community 

11 needs that providers can only address in person. 

12 (4) Under the Constitution, the Commerce 

13 Clause grants Congress the authority to regulate 

14 commerce among the States. 

15 SEC. 3. INTERSTATE TELEMEDICINE. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, during the period described in subsection (b), 

18 in the case of a physician, practitioner, or other health 

19 care provider who is licensed or otherwise legally author20 ized to provide health care services in a primary State, 

21 and who provides such health care services in interstate 

22 commerce through electronic information or telecommuni23 cation technologies to an individual in a secondary State, 

24 the location of the provision of such services shall be 

25 deemed to be the primary State and any requirement that 


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1 such physician, practitioner, or other provider obtain a 

2 comparable license or other comparable legal authorization 

3 from the secondary State with respect to the provision of 

4 such services (including requirements relating to the pre5 scribing of drugs in such secondary State) shall not apply. 

6 (b) PERIOD DESCRIBED.—The period described in 

7 this subsection is the period beginning on the date of en8 actment of this Act and ending on the date that is 180 

9 days after the date on which the national emergency de10 clared by the President under the National Emergencies 

11 Act (50 U.S.C. 1601 et seq.) with respect to the 

12 Coronavirus Disease 2019 (COVID–19) ends. 

13 (c) REVIEW OF REGULATIONS.—The head of each 

14 Federal agency shall review existing guidance and regula15 tions to identify any such guidance or regulations that 

16 may conflict with the provisions of this section. If the head 

17 of an agency finds any such conflict, notwithstanding any 

18 other provision of law, such agency head shall, not later 

19 than 30 days after the date of enactment of this Act, issue 

20 revised guidance or regulations to ensure compliance with 

21 the provisions of this section. 

22 (d) DEFINITIONS.—In this section: 

23 (1) HEALTH CARE SERVICES.—The term 

24 ‘‘health care services’’ shall not include services of 

25 the type for which funding is prohibited under the 


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1 requirements contained in Public Law 116–94 as re2 lating to funds for programs authorized under sec3 tions 330 through 340 of the Public Health Service 

4 Act (42 U.S.C. 254 through 256). 

5 (2) PRIMARY STATE.—The term ‘‘primary 

6 State’’ means, with respect to the provision of health 

7 care services by a physician, practitioner, or other 

8 health care provider in interstate commerce through 

9 electronic information or telecommunication tech10 nologies, the State in which such physician, practi11 tioner, or provider is physically located and licensed. 

12 (3) SECONDARY STATE.—The term ‘‘secondary 

13 State’’ means, with respect to the provision of health 

14 care services by a physician, practitioner, or other 

15 health care provider in interstate commerce through 

16 electronic information or telecommunication tech17 nologies, a State in which such physician, practi18 tioner, or other provider is not physically located or 

19 licensed. 

Æ 


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