(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 jurisdic-
tion or in any other jurisdiction; 
(2) the term ‘‘Secretary’’ means the Secretary 
of Health and Human Services; 
(3) the term ‘‘telehealth services’’ means use of 
telecommunications and information technology (in-
cluding synchronous or asynchronous audio-visual, 
audio-only, or store and forward technology) to pro-
vide access to mental health assessment, diagnosis, 
treatment, intervention, consultation, supervision, 
and information across distance; and 
(4) the terms ‘‘emergency area’’ and ‘‘emer-
gency period’’ have the meaning given such terms in 
section 1135(g) of the Social Security Act (42 
U.S.C. 1320b–5(g)). 
SEC. 3. TEMPORARY AUTHORIZATION OF TELEHEALTH 
AND INTERSTATE TREATMENT. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of Federal or State law or regulation regarding the 
VerDate Sep 11 2014 
04:17 Sep 20, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5541.IH
H5541
kjohnson on DSK7ZCZBW3PROD with $$_JOB
licensure or certification of health care providers or the 
provision of telehealth services, a health care professional 
may practice within the scope of the individual’s license, 
certification, or authorization described in section 3(1)(A), 
with respect to mental health services, through telehealth, 
in any emergency area during an emergency period, based 
on the licensure, certification, or authorization of such in-
dividual in any one State, the District of Columbia, or ter-
ritory or possession of the United States. 
(b) SCOPE OF TELEHEALTH SERVICES.—Telehealth 
services authorized by this section are mental health serv-
ices provided to any patient regardless of whether the 
health care professional has a prior treatment relationship 
with the patient, provided that, if the health care profes-
sional does not have a prior treatment relationship with 
the patient, a new relationship may be established only 
via a written acknowledgment or synchronous technology. 
(c) INITIATION OF TELEHEALTH SERVICES.—Before 
providing telehealth services authorized by this section, the 
health care professional shall— 
(1) verify the identification of the patient re-
ceiving health services; 
(2) obtain oral or written acknowledgment from 
the patient (or legal representative of the patient) to 
perform telehealth services, and if such acknowledg-
VerDate Sep 11 2014 
04:17 Sep 20, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5541.IH
H5541
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ment is oral, make a record of such acknowledg-
ment; and 
(3) obtain or confirm an alternative method of 
contacting the patient in case of a technological fail-
ure. 
(d) WRITTEN NOTICE
OF PROVISION
OF SERV-
ICES.—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 author-
ized, such health care professional shall provide written 
notice to the applicable licensing, certifying, or authorizing 
authority in the jurisdiction in which the health care pro-
fessional 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 author-
ization. 
VerDate Sep 11 2014 
04:17 Sep 20, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5541.IH
H5541
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(e) CLARIFICATION.—Nothing in this section author-
izes a health care professional to— 
(1) practice beyond the scope of practice au-
thorized by— 
(A) any State, District of Columbia, terri-
torial, or local authority in the jurisdiction in 
which the health care professional holds a li-
cense, certification, or authorization described 
in section 3(1)(A); or 
(B) any State, District of Columbia, terri-
torial, or local authority in the jurisdiction in 
which the patient receiving services is located; 
(2) provide any service or subset of services 
prohibited by any such authority in the jurisdiction 
in which the patient receiving services is located; 
(3) provide any service or subset of services in 
a manner prohibited by any such authority the juris-
diction in which the patient receiving services is lo-
cated; or 
(4) provide any service or subset of services in 
a manner other than the manner prescribed by any 
such authority in the jurisdiction in which the pa-
tient receiving services is located. 
(f) INVESTIGATIVE
AND DISCIPLINARY AUTHOR-
ITY.—A health care professional providing services pursu-
VerDate Sep 11 2014 
04:17 Sep 20, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5541.IH
H5541
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ant 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 juris-
diction in which the patient receiving services is located 
shall have the authority to preclude the health care pro-
vider 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 re-
port 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.—Notwith-
standing 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 posses-
sion where the patient is located. 
(h) INTERSTATE
LICENSURE
COMPACTS.—If a 
health care professional is licensed in multiple jurisdic-
tions 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 
VerDate Sep 11 2014 
04:17 Sep 20, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5541.IH
H5541
kjohnson on DSK7ZCZBW3PROD with $$_JOB
be subject to the requirements of the compact and not this 
section. 
Æ 
VerDate Sep 11 2014 
04:17 Sep 20, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H5541.IH
H5541
kjohnson on DSK7ZCZBW3PROD with $$_JOB