United States Code
USC most recently checked for updates: Apr 18, 2019
Licensure of health care professionals providing treatment via telemedicine
Notwithstanding any provision of law regarding the licensure of health care professionals, a covered health care professional may practice the health care profession of the health care professional at any location in any State, regardless of where the covered health care professional or the patient is located, if the covered health care professional is using telemedicine to provide treatment to an individual under this chapter.
For purposes of this section, a covered health care professional is any health care professional who—
is an employee of the Department appointed under the authority under section 7306, 7401, 7405, 7406, or 7408 of this title or title 5;
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 medicine in accordance with applicable policies of the Department; and
has an active, current, full, and unrestricted license, registration, or certification in a State to practice the health care profession of the health care professional.
Subsection (a) shall apply to a covered health care professional providing treatment to a patient regardless of whether the covered health care professional or patient is located in a facility owned by the Federal Government during such treatment.
The provisions of this section shall supersede any provisions of the law of any State to the extent that such provision of State law are inconsistent with this section.
No State shall deny or revoke the license, registration, or certification of a covered health care professional who otherwise meets the qualifications of the State for holding the license, registration, or certification on the basis that the covered health care professional has engaged or intends to engage in activity covered by 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 (21 U.S.C. 801 et seq.).
In this section, the term “State” means a State, as defined in section 101(20) of this title, or a political subdivision of a State.
cite as: 38 USC 1730C