II 

111TH CONGRESS 

2D SESSION S. 3371 

To amend title 10, United States Code, to improve access to mental health 

care counselors under the TRICARE program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2010 

Mrs. MCCASKILL (for herself, Mr. LIEBERMAN, and Ms. COLLINS) introduced 

the following bill; which was read twice and referred to the Committee 

on Armed Services 

A BILL 

To amend title 10, United States Code, to improve access 

to mental health care counselors under the TRICARE 

program, 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 ‘‘TRICARE Mental 

5 Health Care Access Act’’. 

6 SEC. 2. MENTAL HEALTH COUNSELORS UNDER THE 

7 TRICARE PROGRAM. 

8 (a) REFERRAL UNDER TRICARE.— 


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1 (1) REFERRAL.—Paragraph (8) of section 

2 1079(a) of title 10, United States Code, is amend3 ed— 

4 (A) by inserting ‘‘or licensed or certified 

5 mental health counselors’’ after ‘‘certified mar6 riage and family therapists’’ both places it ap7 pears; and 

8 (B) by inserting ‘‘or licensed or certified 

9 mental health counselors’’ after ‘‘that the thera10 pists’’. 

11 (2) AUTHORITY TO ASSESS MEDICAL OR PSY12 CHOLOGICAL NECESSITY OF SERVICE OR SUPPLY.— 

13 Paragraph (13) of such section is amended by in14 serting ‘‘licensed or certified mental health coun15 selor,’’ after ‘‘certified marriage and family thera16 pist,’’. 

17 (b) SERVICES OF MENTAL HEALTH COUNSELORS.— 

18 (1) AUTHORITY TO ENTER INTO PERSONAL

19 SERVICES CONTRACTS.—Section 704(c)(2) of the 

20 National Defense Authorization Act for Fiscal Year 

21 1995 (10 U.S.C. 1091 note) is amended by inserting 

22 ‘‘mental health counselors,’’ after ‘‘psychologists,’’. 

23 (2) APPLICABILITY OF LICENSURE REQUIRE24 MENTS FOR HEALTH CARE PROFESSIONALS.—Sec25 tion 1094(e)(2) of title 10, United States Code, is 


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1 amended by inserting ‘‘mental health counselor,’’ 

2 after ‘‘psychologist,’’. 

3 (c) REQUIREMENTS FOR MENTAL HEALTH COUN4 SELORS PRACTICING UNDER TRICARE.—For purposes 

5 of practicing as a mental health counselor under the 

6 TRICARE program pursuant to the amendments made by 

7 subsections (a) and (b), an individual shall meet the fol8 lowing: 

9 (1) The individual shall possess a masters de10 gree or higher level degree in counseling from a pro11 gram in mental health counseling or clinical mental 

12 health counseling that is accredited by the Council 

13 for Accreditation of Counseling and Related Edu14 cational Programs. 

15 (2) The individual shall possess a State license 

16 in mental health counseling at the ‘‘clinical’’ or high17 er level or at the highest level available in States 

18 that have tiered licensing schemes. 

19 (3) The individual shall have passed the Na20 tional Clinical Mental Health Counseling Examina21 tion. 

22 (4) The individual shall have a well-defined 

23 scope of practice (as determining utilizing a system24 atic assessment of the professional competencies nec25 essary to address the mental and behavioral needs of 


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1 the population of beneficiaries under the TRICARE 

2 program). 

3 (d) REPORTS ON IMPLEMENTATION.— 

4 (1) INITIAL REPORT.—Not later than 180 days 

5 after the date of the enactment of this Act, the Sec6 retary of Defense shall submit to Congress a report 

7 on the implementation of this section and the 

8 amendments made by this section. 

9 (2) UPDATED REPORT.—Not later than one 

10 year after the date of the enactment of this Act, the 

11 Secretary shall submit to Congress an update to the 

12 report submitted under paragraph (1). 

13 (e) TRICARE PROGRAM DEFINED.—In this section, 

14 the term ‘‘TRICARE program’’ has the meaning given 

15 that term in section 1072(7) of title 10, United States 

16 Code. 

Æ 


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