,i #aagth ,,congress #ast ,session ,h4 ,r4 #gjh ,,in ,,the ,,house ,,of ,,representatives ,february #b1 #bjba ,mr4 ,latta 7for himself and ,mrs4 ,dingell7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to provide temporary licensing reciprocity for telehealth and interstate health care treatment4 #a4 ,short title ,this ,act may be cited as the ,temporary ,reciprocity to ,ensure ,access to ,treatment ,act or the ,,treat ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,it is necessary to regulate1 on a temporary and emergency basis1 the provision of interstate commerce as it pertains to treatment by medical professionals licensed in one ,state to patients in other ,states4 7#b7 ,,covid-#ai1 the disease caused by ,,sars-,co,v-#b1 has created a national public health emergency1 as declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 and by the ,president under the ,national ,emergencies ,act on ,march #ac1 #bjbj4 7#c7 ,the ,,covid-#ai pandemic has resulted in closing many businesses and nonprofit organizations1 including colleges and universities1 and large areas of the country remain under full or partial stay-at-home orders1 precluding the ability to seek routine or elective medical treatment and consultation4 ,the closing of campus-based in-person learning at institutions of higher education has also meant that up to #a1jjj1jjj students have returned to live with their families across ,state lines from where they may have been receiving medical care in the university setting4 ,furthermore1 in many rural areas1 in-person medical treatment is inaccessible4 ,even in urban areas1 the pandemic has severely disrupted access to medical care1 requiring medical professionals licensed in one ,state to provide treatment to patients residing nearby but across a ,state line and unable to visit the medical professional's office in the ,state of licensure4 7#d7 ,it is vital that hospitals1 temporary surge or field facilities1 skilled nursing facilities1 and nursing homes in areas with high caseloads of ,,covid-#ai patients be able to have access to qualified medical professionals1 including such professionals licensed in other ,states1 without the delays that would be required for individualized licensing during a time when ,state agencies' capacity to review and process licensing requests are limited by the pandemic4 7#e7 ,the provision of services by medical professionals1 including services provided at no cost and services provided to patients in a ,state other than the ,state or ,states in which the medical professional maintains an office for professional services1 affects interstate commerce4 ,when used to provide services to patients located in a ,state other than the ,state in which the medical professional is located1 telehealth services1 as defined in section #c1 utilize facilities of interstate commerce4 7#f7 ,the inability of patients to visit in-,state health care providers during the current crisis substantially affects interstate commerce4 ,economic activity has been limited by public health authorities and other government officials to flatten the curve of infections and hospitalizations and thereby prevent the health care system from becoming overwhelmed4 ,maximizing the efficient and effective use of health care resources is therefore vital to reopening the economy4 7#g7 ,barriers to the efficient delivery of health care services will lead to a shortage of those services that substantially affect health care availability across ,state lines4 ,shortages in health care services in one ,state prompt interstate travel to obtain health care in other ,states1 even though discouraging such travel1 particularly among the sick1 is vital to containing the contagion and reopening the national economy4 #c4 ,definitions ,in this ,act3 7#a7 the term health care professional means an individual who-- 7,a7 has a valid and unrestricted license or certification from1 or is otherwise authorized by1 a ,state1 the ,district of ,columbia1 or a territory or possession of the ,united ,states1 for any health profession1 including mental health2 and 7,b7 is not affirmatively excluded from practice in the licensing or certifying jurisdiction or in any other jurisdiction2 7#b7 the term ,secretary means the ,secretary of ,health and ,human ,services2 and 7#c7 the term telehealth services means use of telecommunications and information technology 7including synchronous or asynchronous audio-visual1 audio-only1 or store and forward technology7 to provide access to physical and mental health assessment1 diagnosis1 treatment1 intervention1 consultation1 supervision1 and information across distance4 #d4 ,temporary authorization of telehealth and ,interstate treatment 7a7 ,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 services1 a health care professional may practice within the scope of the individual's license1 certification1 or authorization described in section #c7a77;,a71 either in-person or through telehealth1 in any ,state1 the ,district of ,columbia1 or any territory or possession of the ,united ,states1 or any other location designated by the ,secretary1 based on the licensure1 certification1 or authorization such individual in any one ,state1 the ,district of ,columbia1 or territory or possession of the ,united ,states4 7b7 ,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 patient1 provided that1 if the health care professional does not have a prior treatment relationship with the patient1 a new relationship may be established only via a written acknowledgment or synchronous technology4 7c7 ,initiation of telehealth services ,before providing telehealth services authorized by this section1 the health care professional shall-- 7#a7 verify the identification of the patient receiving health services2 7#b7 obtain oral or written acknowledgment from the patient 7or legal representative of the patient7 to perform telehealth services1 and if such acknowledgment is oral1 make a record of such acknowledgment2 and 7#c7 obtain or confirm an alternative method of contacting the patient in case of a technological failure4 7d7 ,written notice of provision of services ,as soon as practicable1 but not later than #cj days after first providing services pursuant to this section in a jurisdiction other than the jurisdiction in which a health care professional is licensed1 certified1 or otherwise authorized1 such health care professional shall provide written notice to the applicable licensing1 certifying1 or authorizing authority in the jurisdiction in which the health care professional provided such services4 ,such notice shall include the health care professional's-- 7#a7 name2 7#b7 email address2 7#c7 phone number2 7#d7 ,state of primary license1 certification1 or authorization2 and 7#e7 license1 certification1 or authorization type1 and applicable number or identifying information with respect to such license1 certification1 or authorization4 7e7 ,clarification ,nothing in this section authorizes a health care professional to-- 7#a7 practice beyond the scope of practice authorized by-- 7,a7 any ,state1 ,district of ,columbia1 territorial1 or local authority in the jurisdiction in which the health care professional holds a license1 certification1 or authorization described in section #c7a77;,a72 or 7,b7 any ,state1 ,district of ,columbia1 territorial1 or local authority in the jurisdiction in which the patient receiving services is located2 7#b7 provide any service or subset of services prohibited by any such authority in the jurisdiction in which the patient receiving services is located2 7#c7 provide any service or subset of services in a manner prohibited by any such authority the jurisdiction in which the patient receiving services is located2 or 7#d7 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 located4 7f7 ,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 licensing1 certifying1 or authorizing authorities in the jurisdiction in which the patient receiving services is located4 ,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 jurisdiction1 whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section1 and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed1 certified1 or authorized4 7g7 ,multiple jurisdiction licensure ,notwithstanding any other provision of this section1 a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the ,state1 the ,district of ,columbia1 or territory or possession where the patient is located4 7h7 ,interstate licensure compacts ,if a health care professional is licensed in multiple jurisdictions through an interstate licensure compact1 with respect to services provided to a patient located in a jurisdiction covered by such compact1 the health care professional shall be subject to the requirements of the compact and not this section4 #e4 ,application ,this ,act shall apply during the period beginning on the date of enactment of this ,act and ending on the date that is at least #ahj days 7as determined by the ,secretary7 after the end of the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai4