I 

117TH CONGRESS 

2D SESSION H. R. 7097 

To facilitate the provision of telehealth services through interstate recognition 

of health care professionals’ licenses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2022 

Mr. CAWTHORN (for himself and Mr. GOSAR) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To facilitate the provision of telehealth services through 

interstate recognition of health care professionals’ licenses, 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 ‘‘Telehealth Treatment 

5 and Technology Act of 2022’’ or the ‘‘3T Act of 2022’’. 

6 SEC. 2. AUTHORIZATION OF TELEHEALTH AND INTER7 STATE TREATMENT. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of Federal or State law or regulation regarding the 

10 licensure or certification of health care providers or the 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 7097 IH

1 provision of telehealth services, a health care professional 

2 may practice within the scope of the individual’s license, 

3 certification, or authorization described in subsection 

4 (i)(1)(A) through telehealth in any State, the District of 

5 Columbia, or any territory or possession of the United 

6 States, or any other location designated by the Secretary, 

7 based on the licensure, certification, or authorization of 

8 such individual in any one State, the District of Columbia, 

9 or territory or possession of the United States. 

10 (b) SCOPE OF TELEHEALTH SERVICES.—Telehealth 

11 services authorized by this section include services pro12 vided to any patient regardless of whether the health care 

13 professional has a prior treatment relationship with the 

14 patient, provided that, if the health care professional does 

15 not have a prior treatment relationship with the patient, 

16 a new relationship may be established only via a written 

17 acknowledgment or synchronous technology. 

18 (c) INITIATION OF TELEHEALTH SERVICES.—Before 

19 providing telehealth services authorized by this section, the 

20 health care professional shall— 

21 (1) verify the identification of the patient re22 ceiving health services; 

23 (2) obtain oral or written acknowledgment from 

24 the patient (or legal representative of the patient) to 

25 perform telehealth services, and if such acknowledgVerDate Sep 11 2014 01:07 Mar 18, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7097.IH H7097

kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 7097 IH

1 ment is oral, make a record of such acknowledg2 ment; and 

3 (3) obtain or confirm an alternative method of 

4 contacting the patient in case of a technological fail5 ure. 

6 (d) WRITTEN NOTICE OF PROVISION OF SERV7 ICES.—As soon as practicable, but not later than 30 days 

8 after first providing services pursuant to this section in 

9 a jurisdiction other than the jurisdiction in which a health 

10 care professional is licensed, certified, or otherwise author11 ized, such health care professional shall provide written 

12 notice to the applicable licensing, certifying, or authorizing 

13 authority in the jurisdiction in which the health care pro14 fessional provided such services. Such notice shall include 

15 the health care professional’s— 

16 (1) name; 

17 (2) email address; 

18 (3) phone number; 

19 (4) State of primary license, certification, or 

20 authorization; and 

21 (5) license, certification, or authorization type, 

22 and applicable number or identifying information 

23 with respect to such license, certification, or author24 ization. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 7097 IH

1 (e) CLARIFICATION.—Nothing in this section author2 izes a health care professional to— 

3 (1) practice beyond the scope of practice au4 thorized by— 

5 (A) any State, District of Columbia, terri6 torial, or local authority in the jurisdiction in 

7 which the health care professional holds a li8 cense, certification, or authorization described 

9 in section 3(1)(A); or 

10 (B) any State, District of Columbia, terri11 torial, or local authority in the jurisdiction in 

12 which the patient receiving services is located; 

13 (2) provide any service or subset of services 

14 prohibited by any such authority in the jurisdiction 

15 in which the patient receiving services is located; 

16 (3) provide any service or subset of services in 

17 a manner prohibited by any such authority the juris18 diction in which the patient receiving services is lo19 cated; or 

20 (4) provide any service or subset of services in 

21 a manner other than the manner prescribed by any 

22 such authority in the jurisdiction in which the pa23 tient receiving services is located. 

24 (f) INVESTIGATIVE AND DISCIPLINARY AUTHOR25 ITY.—A health care professional providing services pursuVerDate Sep 11 2014 01:07 Mar 18, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7097.IH H7097

kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 7097 IH

1 ant to the authority under this section shall be subject 

2 to investigation and disciplinary action by the licensing, 

3 certifying, or authorizing authorities in the jurisdiction in 

4 which the patient receiving services is located. The juris5 diction in which the patient receiving services is located 

6 shall have the authority to preclude the health care pro7 vider from practicing further in its jurisdiction, whether 

8 such practice is authorized by the laws of such jurisdiction 

9 or the authority granted under this section, and shall re10 port any such preclusion to the licensing authority in the 

11 jurisdiction in which the health care provider is licensed, 

12 certified, or authorized. 

13 (g) MULTIPLE JURISDICTION LICENSURE.—Notwith14 standing any other provision of this section, a health care 

15 professional shall be subject to the requirements of the 

16 jurisdiction of licensure if the professional is licensed in 

17 the State, the District of Columbia, or territory or posses18 sion where the patient is located. 

19 (h) INTERSTATE LICENSURE COMPACTS.—If a 

20 health care professional is licensed in multiple jurisdic21 tions through an interstate licensure compact, with respect 

22 to services provided to a patient located in a jurisdiction 

23 covered by such compact, the health care professional shall 

24 be subject to the requirements of the compact and not this 

25 section. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 7097 IH

1 (i) DEFINITIONS.—In this section— 

2 (1) the term ‘‘health care professional’’ means 

3 an individual who— 

4 (A) has a valid and unrestricted license or 

5 certification from, or is otherwise authorized by, 

6 a State, the District of Columbia, or a territory 

7 or possession of the United States, for any 

8 health profession, including mental health; and 

9 (B) is not affirmatively excluded from 

10 practice in the licensing or certifying jurisdic11 tion or in any other jurisdiction; 

12 (2) the term ‘‘Secretary’’ means the Secretary 

13 of Health and Human Services; and 

14 (3) the term ‘‘telehealth services’’ means use of 

15 telecommunications and information technology (in16 cluding synchronous or asynchronous audio-visual, 

17 audio-only, or store and forward technology) to pro18 vide access to physical and mental health assess19 ment, diagnosis, treatment, intervention, consulta20 tion, supervision, and information across distance. 

21 SEC. 3. REVISION OF HIPAA REGULATIONS TO ENSURE PA22 TIENT ACCESS TO TELEHEALTH SERVICES. 

23 The Secretary of Health and Human Services (in this 

24 section referred to as the ‘‘Secretary’’) shall revise the 

25 HIPAA privacy regulation (as defined in section 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 7097 IH

1 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d– 

2 9(b)(3))) to ensure that, with respect to services furnished 

3 by a health care provider via telehealth on or after the 

4 first day following the end of the emergency period de5 scribed in section 1135(g)(1)(B) of such Act (42 U.S.C. 

6 1320b–5(g)(1)(B)), such provider may so furnish such 

7 services using any non-public facing audio or video com8 munication product (as such term is used for purposes of 

9 the notice entitled ‘‘Notification of Enforcement Discre10 tion for Telehealth Remote Communications During the 

11 COVID–19 Nationwide Public Health Emergency’’ as 

12 published by the Office of Civil Rights of the Department 

13 of Health and Human Services). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS