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Referenced Laws
21 U.S.C. 829(e)(2)
42 U.S.C. 1395m(m)
Section 1
1. Short title This Act may be cited as the Telehealth Response for E-prescribing Addiction Therapy Services Act or the TREATS Act.
Section 2
2. Telehealth for substance use disorder treatment Section 309(e)(2) of the Controlled Substances Act (21 U.S.C. 829(e)(2)) is amended— in subparagraph (A)(i)— by striking at least 1 in-person medical evaluation and inserting the following: at least— 1 in-person medical evaluation by adding at the end the following: for purposes of prescribing a controlled substance in schedule III, IV, or V that has been approved by the Food and Drug Administration for the treatment of a substance use disorder, 1 telehealth evaluation of the patient; or by adding at the end the following: 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 pharmacist) who is at a location remote from the patient and is communicating with the patient, or a practitioner who is treating 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 audio-only or audio and video equipment permitting two-way, real-time interactive communication between the distant site practitioner and the patient, or the practitioner who is treating the patient. at least— (I) 1 in-person medical evaluation
; and (II) for purposes of prescribing a controlled substance in schedule III, IV, or V that has been approved by the Food and Drug Administration for the treatment of a substance use disorder, 1 telehealth evaluation of the patient; or
; and (D) 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 pharmacist) who is at a location remote from the patient and is communicating with the patient, or a practitioner who is treating 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 audio-only or audio and video equipment permitting two-way, real-time interactive communication between the distant site practitioner and the patient, or the practitioner who is treating the patient.
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