To provide limited licensing reciprocity for a college mental health provider to furnish mental health services through telehealth technology to students of the institution of higher education that employs such provider.
Sponsors
Legislative Progress
IntroducedMr. Flood (for himself, Mr. Bacon, and Mr. Nunn of …
Summary
What This Bill Does
This bill allows college mental health providers (like counselors, psychologists, and social workers employed by universities) to continue treating their students via telehealth even when students travel to other states. Currently, mental health professionals need separate licenses for each state where they practice. This bill creates an exemption: if you're licensed in the state where your college is located and you're treating a student from your institution, you can provide telehealth services to that student in any state without obtaining additional licenses.
Who Benefits and How
College students benefit by maintaining continuity of mental health care when they go home for breaks, study abroad, or learn remotely. Instead of finding a new provider in their home state, they can continue with the therapist they've already been seeing on campus. College counseling centers benefit by being able to serve students year-round without the administrative burden and cost of ensuring all their providers hold licenses in every state where students might be located. Mental health professionals employed by colleges can expand their practice across state lines without paying licensing fees and taking additional exams in multiple states.
Who Bears the Burden and How
State licensing boards lose some regulatory control, as out-of-state college providers can now practice in their state via telehealth without state approval or licensing fees. Private practice therapists in students' home states may face new competition from college providers who can now treat students remotely during breaks. Medical malpractice insurers must clarify coverage for multi-state telehealth practice, which may require policy adjustments and premium changes.
Key Provisions
- Federal preemption allows licensed college mental health providers to deliver telehealth services across state lines to their institution's students
- Providers must verify student identity, obtain acknowledgments, maintain backup technology, and establish treatment relationships before providing cross-state telehealth
- Providers follow their home state's scope of practice but must respect specific service prohibitions in the state where the student is located
- Malpractice insurance coverage treats telehealth services as if they occurred in the provider's home state
- Student eligibility extends to current students and those who attended within the past 3 months
- States can still affirmatively exclude specific providers from practice but cannot impose blanket licensing requirements
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
Allows college mental health providers to furnish telehealth mental health services to their institution's students across state lines without obtaining additional state licenses, subject to certain requirements and limitations.
Policy Domains
Legislative Strategy
"Address barriers to mental health care continuity for college students who travel across state lines (e.g., during breaks, study abroad return, remote learning) by creating federal preemption of state licensing requirements for college-employed providers using telehealth."
Likely Beneficiaries
- College students needing mental health care while traveling or at home in different states
- College/university mental health counseling centers (can continue treating students remotely)
- Mental health professionals employed by colleges (expanded practice territory without additional licensing costs/delays)
Likely Burden Bearers
- State licensing boards (reduced control over providers practicing in their state via telehealth)
- Private practice mental health providers in students' home states (potential competition from college providers)
- Malpractice insurers (need to clarify coverage for multi-state telehealth practice)
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "primary_state"
- → State in which the institution of higher education employing the provider is located
- "covered_student"
- → Individual registered for courses OR attended courses within past 3 months at the provider's institution
- "state_licensing_authority"
- → State authorities that regulate mental health provider licenses
- "college_mental_health_provider"
- → Individual employed by institution of higher education to furnish mental health services, with valid/unrestricted license in primary State
Key Definitions
Terms defined in this bill
An individual who (A) is employed by an institution of higher education to furnish mental health services to students enrolled at such institution; and (B) has a valid and unrestricted license or certification from, or is otherwise authorized by, the primary State to furnish such mental health services in such State.
With respect to a college mental health provider: (A) an individual registered for courses at the institution of higher education that employs such provider; and (B) an individual that attended courses at the institution of higher education that employs such provider at any point during the 3-month period ending on the date on which such provider is seeking to furnish such services.
Has the meaning given in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
The State in which the institution of higher education that employs such provider is located.
A State, the District of Columbia, or a territory or possession of the United States.
Telecommunications and information technology, including audio-visual, audio-only, or store and forward technology, used to furnish mental health services at a distance.
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology