Telehealth Treatment and Technology Act of 2022 or the 3T Act of 2022
This bill allows a health care professional to provide, subject to scope of practice and other requirements, health services in any U.S. jurisdiction based on that individual's authorization to practice in any one state or territory.
Additionally, the bill provides certain related powers to health care professional regulatory bodies, such as medical boards. Specifically, a regulatory body may investigate and take disciplinary actions against a professional who provides services pursuant to this bill to a patient in that body's jurisdiction.
The bill also requires the Department of Health and Human Services (HHS) to revise applicable privacy regulations to allow providers to use any nonpublic-facing communication product to provide telehealth services after the COVID-19 emergency ends. (Typically, communication products used to provide telehealth services must comply with federal privacy standards for personal health information. However, during the COVID-19 emergency HHS exercised enforcement discretion to allow for the use of noncompliant communication products, including applications such as Apple FaceTime, Zoom, or Skype.)
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7097 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7097
To facilitate the provision of telehealth services through interstate
recognition of health care professionals' licenses, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2022
Mr. Cawthorn (for himself and Mr. Gosar) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To facilitate the provision of telehealth services through interstate
recognition of health care professionals' licenses, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telehealth Treatment and Technology
Act of 2022'' or the ``3T Act of 2022''.
SEC. 2. AUTHORIZATION OF TELEHEALTH AND INTERSTATE TREATMENT.
(a) In General.--Notwithstanding any other provision of Federal or
State law or regulation regarding the 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 subsection
(i)(1)(A) through telehealth in any State, the District of Columbia, or
any territory or possession of the United States, or any other location
designated by the Secretary, based on the licensure, certification, or
authorization of such individual in any one State, the District of
Columbia, or territory or possession of the United States.
(b) Scope of Telehealth Services.--Telehealth services authorized
by this section include services 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 professional 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 receiving
health services;
(2) obtain oral or written acknowledgment from the patient
(or legal representative of the patient) to perform telehealth
services, and if such acknowledgment is oral, make a record of
such acknowledgment; and
(3) obtain or confirm an alternative method of contacting
the patient in case of a technological failure.
(d) Written Notice of Provision of Services.--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 authorized, such health care professional shall provide
written notice to the applicable licensing, certifying, or authorizing
authority in the jurisdiction in which the health care professional
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 authorization.
(e) Clarification.--Nothing in this section authorizes a health
care professional to--
(1) practice beyond the scope of practice authorized by--
(A) any State, District of Columbia, territorial,
or local authority in the jurisdiction in which the
health care professional holds a license,
certification, or authorization described in section
3(1)(A); or
(B) any State, District of Columbia, territorial,
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 jurisdiction in which the
patient receiving services is located; 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 patient receiving services is
located.
(f) Investigative and Disciplinary Authority.--A health care
professional providing services pursuant 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
jurisdiction in which the patient receiving services is located shall
have the authority to preclude the health care provider 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 report 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.--Notwithstanding 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 possession where the patient is located.
(h) Interstate Licensure Compacts.--If a health care professional
is licensed in multiple jurisdictions 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 be subject to the requirements of the compact and not this
section.
(i) Definitions.--In this section--
(1) the term ``health care professional'' means an
individual who--
(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 jurisdiction or in any
other jurisdiction;
(2) the term ``Secretary'' means the Secretary of Health
and Human Services; and
(3) the term ``telehealth services'' means use of
telecommunications and information technology (including
synchronous or asynchronous audio-visual, audio-only, or store
and forward technology) to provide access to physical and
mental health assessment, diagnosis, treatment, intervention,
consultation, supervision, and information across distance.
SEC. 3. REVISION OF HIPAA REGULATIONS TO ENSURE PATIENT ACCESS TO
TELEHEALTH SERVICES.
The Secretary of Health and Human Services (in this section
referred to as the ``Secretary'') shall revise the HIPAA privacy
regulation (as defined in section 1180(b)(3) of the Social Security Act
(42 U.S.C. 1320d-9(b)(3))) to ensure that, with respect to services
furnished by a health care provider via telehealth on or after the
first day following the end of the emergency period described in
section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b-5(g)(1)(B)), such
provider may so furnish such services using any non-public facing audio
or video communication product (as such term is used for purposes of
the notice entitled ``Notification of Enforcement Discretion for
Telehealth Remote Communications During the COVID-19 Nationwide Public
Health Emergency'' as published by the Office of Civil Rights of the
Department of Health and Human Services).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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