HR1107-119

2. Delivery, distribution, and dispensation of controlled medications by covered Department of Veterans Affairs health care professionals via telemedicine Subchapter III of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly): Pursuant to section 1730C of this title and subject to the requirements of title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (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 examination of such patient if— such covered health care professional is— authorized to prescribe the basic class of such controlled substance under an active, current, full, and unrestricted State license, registration, or certification; and acting in the usual course of professional practice; and such substance is delivered, distributed, or dispensed for a legitimate medical purpose. The Secretary shall establish in regulations guidelines and a process for the delivery, distribution, and dispensation of a controlled substance pursuant to subsection (a). Nothing in this section may be construed to remove, limit, or otherwise affect any obligation of a covered health care professional under the Controlled Substances Act. In this section: The terms controlled substance, deliver, dispense, and distribute have the meanings given such terms in section 102 of the Controlled Substances Act, respectively. The term covered health care professional means— a health care professional who— is an employee of the Department appointed under section 7306, 7401, 7405, 7406, or 7408 of this title or under title 5; is not a contractor of the Department; is authorized by the Secretary to provide health care under this chapter; is required to adhere to all standards for quality relating to the provision of health care in accordance with applicable policies of the Department; has an active, current, full, and unrestricted license, registration, or certification or meet qualification standards set forth by the Secretary within a specified time frame; and 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 a health professions trainee who— is appointed under section 7405 of this title; and is under the clinical supervision of a health care professional described in subparagraph (A). 1730D.Delivery, distribution, and dispensation of controlled medications via telemedicine (a)In generalPursuant to section 1730C of this title and subject to the requirements of title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (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 examination 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, current, full, and unrestricted State license, registration, or certification; and (B)acting in the usual course of professional practice; and (2)such substance is delivered, distributed, or dispensed for a legitimate medical purpose. (b)RegulationsThe Secretary shall establish in regulations guidelines and a process for the delivery, distribution, and dispensation of a controlled substance pursuant to subsection (a). (c)Rule of constructionNothing in this section 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 Substances 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; (ii)is not a contractor of the Department; (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 provision of health care in accordance with applicable policies of the Department; (v)has an active, current, full, and unrestricted license, registration, or certification 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)..