SEC. 2. TELEHEALTH FOR SUBSTANCE USE DISORDER 
TREATMENT AND MENTAL HEALTH SERV-
ICES. 
(a) SUBSTANCE USE DISORDER SERVICES AND MEN-
TAL HEALTH SERVICES FURNISHED THROUGH TELE-
HEALTH UNDER MEDICARE.— 
(1) IN
GENERAL.—Section 1834(m)(7)(A) of 
the Social Security Act (42 U.S.C. 1395m(m)(7)(A)) 
is amended by adding at the end the following: 
‘‘With respect to telehealth services described in the 
preceding sentence that are furnished to an eligible 
telehealth individual with a substance use disorder 
diagnosis for purposes of treatment of such disorder 
or co-occurring mental health disorder on or after 
the date of the enactment of the Telehealth Re-
sponse for E-prescribing Addiction Therapy Services 
Act, or, subject to subparagraph (B), that are fur-
nished to an eligible telehealth individual for pur-
poses of diagnosis, evaluation, or treatment of a 
mental health disorder, on or after the first day 
after the end of the emergency period described in 
section 1135(g)(1)(B), nothing shall preclude the 
furnishing of such services through audio or tele-
phone only technologies in the case where a physi-
cian or practitioner has already conducted an in-per-
son medical evaluation or a telehealth evaluation 
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that utilizes both audio and visual capabilities with 
the eligible telehealth individual.’’. 
(2) 
IMPLEMENTATION.—The 
Secretary 
of 
Health and Human Services may implement this 
subsection by program instruction or otherwise. 
(b) CONTROLLED
SUBSTANCES
DISPENSED
BY 
MEANS OF THE INTERNET.—Section 309(e)(2) of the 
Controlled Substances Act (21 U.S.C. 829(e)(2)) is 
amended— 
(1) in subparagraph (A)(i)— 
(A) by striking ‘‘at least 1 in-person med-
ical evaluation’’ and inserting the following: ‘‘at 
least— 
‘‘(I) 1 in-person medical evalua-
tion’’; and 
(B) by adding at the end the following: 
‘‘(II) for purposes of prescribing 
a controlled substance in schedule III 
or IV, 1 telehealth evaluation; or’’; 
and 
(2) by adding at the end the following: 
‘‘(D)(i) The term ‘telehealth evaluation’ 
means a medical evaluation that is conducted in 
accordance with applicable Federal and State 
laws by a practitioner (other than a phar-
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macist) who is at a location remote from the 
patient and is communicating with the patient 
using a telecommunications system referred to 
in section 1834(m) of the Social Security Act 
(42 U.S.C. 1395m(m)) that includes, at a min-
imum, audio and video equipment permitting 
two-way, real-time interactive communication 
between the patient and distant site practi-
tioner. 
‘‘(ii) Nothing in clause (i) shall be con-
strued to imply that 1 telehealth evaluation 
demonstrates that a prescription has been 
issued for a legitimate medical purpose within 
the usual course of professional practice. 
‘‘(iii) A practitioner who prescribes the 
drugs or combination of drugs that are covered 
under section 303(g)(2)(C) using the authority 
under subparagraph (A)(i)(II) of this para-
graph shall adhere to nationally recognized evi-
dence-based guidelines for the treatment of pa-
tients with opioid use disorders and a diversion 
control plan, as those terms are defined in sec-
tion 8.2 of title 42, Code of Federal Regula-
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tions, as in effect on the date of enactment of 
this subparagraph.’’. 
Æ 
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