3T Act of 2022

To facilitate the provision of telehealth services through interstate recognition of health care professionals’ licenses, and for other purposes. 1. Short title This Act may be cited as the Telehealth Treatment and Technology Act of 2022 3T Act of 2022 2. Authorization of telehealth and Interstate treatment (a) In general Notwithstanding any other provision of Federal or State law or regulation regarding the licensure or certification of health care providers or the provision of telehealth services, a health care professional may practice within the scope of the individual’s license, certification, or authorization described in subsection (i)(1)(A) through telehealth in any State, the District of Columbia, or any territory or possession of the United States, or any other location designated by the Secretary, based on the licensure, certification, or authorization of such individual in any one State, the District of Columbia, or territory or possession of the United States. (b) Scope of telehealth services Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. (c) Initiation of telehealth services Before providing telehealth services authorized by this section, the health care professional shall— (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. (d) Written notice of provision of services As soon as practicable, but not later than 30 days after first providing services pursuant to this section in a jurisdiction other than the jurisdiction in which a health care professional is licensed, certified, or otherwise authorized, such health care professional shall provide written notice to the applicable licensing, certifying, or authorizing authority in the jurisdiction in which the health care professional provided such services. Such notice shall include the health care professional’s— (1) name; (2) email address; (3) phone number; (4) State of primary license, certification, or authorization; and (5) license, certification, or authorization type, and applicable number or identifying information with respect to such license, certification, or authorization. (e) Clarification Nothing in this section authorizes a health care professional to— (1) practice beyond the scope of practice authorized by— (A) any State, District of Columbia, territorial, or local authority in the jurisdiction in which the health care professional holds a license, certification, or authorization described in section 3(1)(A); or (B) any State, District of Columbia, territorial, or local authority in the jurisdiction in which the patient receiving services is located; (2) provide any service or subset of services prohibited by any such authority in the jurisdiction in which the patient receiving services is located; (3) provide any service or subset of services in a manner prohibited by any such authority the jurisdiction in which the patient receiving services is located; or (4) provide any service or subset of services in a manner other than the manner prescribed by any such authority in the jurisdiction in which the patient receiving services is located. (f) Investigative and disciplinary authority A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. (g) Multiple jurisdiction licensure Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. (h) Interstate licensure compacts If a health care professional is licensed in multiple jurisdictions through an interstate licensure compact, with respect to services provided to a patient located in a jurisdiction covered by such compact, the health care professional shall be subject to the requirements of the compact and not this section. (i) Definitions In this section— (1) the term health care professional (A) has a valid and unrestricted license or certification from, or is otherwise authorized by, a State, the District of Columbia, or a territory or possession of the United States, for any health profession, including mental health; and (B) is not affirmatively excluded from practice in the licensing or certifying jurisdiction or in any other jurisdiction; (2) the term Secretary (3) the term telehealth services 3. Revision of HIPAA regulations to ensure patient access to telehealth services The Secretary of Health and Human Services (in this section referred to as the Secretary 42 U.S.C. 1320d–9(b)(3) 42 U.S.C. 1320b–5(g)(1)(B) Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID–19 Nationwide Public Health Emergency

Summary: Telehealth Treatment and Technology Act of 2022 or the 3T Act of 2022 This bill allows a health care professional to provide, subject to scope of practice and other requirements, health services in any U.S. jurisdiction based on that individual's authorization to practice in any one state or territory. Additionally, the bill provides certain related powers to health care professional regulatory bodies, such as medical boards. Specifically, a regulatory body may investigate and take disciplinary actions against a professional who provides services pursuant to this bill to a patient in that body's jurisdiction. The bill also requires the Department of Health and Human Services (HHS) to revise applicable privacy regulations to allow providers to use any nonpublic-facing communication product to provide telehealth services after the COVID-19 emergency ends. (Typically, communication products used to provide telehealth services must comply with federal privacy standards for personal health information. However, during the COVID-19 emergency HHS exercised enforcement discretion to allow for the use of noncompliant communication products, including applications such as Apple FaceTime, Zoom, or Skype.)