SEC. 2. DELIVERY, DISTRIBUTION, AND DISPENSATION OF 
CONTROLLED MEDICATIONS BY COVERED 
DEPARTMENT 
OF 
VETERANS 
AFFAIRS 
HEALTH CARE PROFESSIONALS VIA TELE-
MEDICINE. 
Subchapter III of chapter 17 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new section (and conforming the table of sections 
at the beginning of such chapter accordingly): 
‘‘§ 1730D. Delivery, distribution, and dispensation of 
controlled medications via telemedicine 
‘‘(a) IN GENERAL.—Pursuant to section 1730C of 
this title and subject to the requirements of title III of 
the Controlled Substances Act (21 U.S.C. 801 et seq.), 
a covered health care professional may use telemedicine 
to deliver, distribute, or dispense to a patient eligible to 
receive medical treatment under this chapter a controlled 
substance that is a prescription drug as determined under 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.) regardless of whether such covered health care 
professional has conducted an in-person medical examina-
tion of such patient if— 
‘‘(1) such covered health care professional is— 
‘‘(A) authorized to prescribe the basic class 
of such controlled substance under an active, 
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current, full, and unrestricted State license, 
registration, or certification; and 
‘‘(B) acting in the usual course of profes-
sional practice; and 
‘‘(2) such substance is delivered, distributed, or 
dispensed for a legitimate medical purpose. 
‘‘(b) REGULATIONS.—The Secretary shall establish in 
regulations guidelines and a process for the delivery, dis-
tribution, and dispensation of a controlled substance pur-
suant to subsection (a). 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to remove, limit, or otherwise affect 
any obligation of a covered health care professional under 
the Controlled Substances Act. 
‘‘(d) DEFINITIONS.— In this section: 
‘‘(1) The terms ‘controlled substance’, ‘deliver’, 
‘dispense’, and ‘distribute’ have the meanings given 
such terms in section 102 of the Controlled Sub-
stances Act, respectively. 
‘‘(2) The term ‘covered health care professional’ 
means— 
‘‘(A) a health care professional who— 
‘‘(i) is an employee of the Department 
appointed under section 7306, 7401, 7405, 
7406, or 7408 of this title or under title 5; 
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‘‘(ii) is not a contractor of the De-
partment; 
‘‘(iii) is authorized by the Secretary to 
provide health care under this chapter; 
‘‘(iv) is required to adhere to all 
standards for quality relating to the provi-
sion of health care in accordance with ap-
plicable policies of the Department; 
‘‘(v) has an active, current, full, and 
unrestricted license, registration, or certifi-
cation or meet qualification standards set 
forth by the Secretary within a specified 
time frame; and 
‘‘(vi) with respect to a health care 
profession listed under section 7402(b) of 
this title, has the qualifications for such 
profession as set forth by the Secretary; 
and 
‘‘(B) a health professions trainee who— 
‘‘(i) is appointed under section 7405 
of this title; and 
‘‘(ii) is under the clinical supervision 
of a health care professional described in 
subparagraph (A).’’. 
Æ 
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