Dear Telehealth Listserv Member,
This is important news as more and more pressure is being put on Washington to change our overly restrictive licensing laws.
The new "NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012 CONFERENCE REPORT (House Report 112-329)" changes language concerning location of services to state "any location" rather than only in specified states where the practitioner is licensed.
--> Please note, this is only for professionals treating specified recipients, as defined in section (a) (2) below and not the general public. However, it is a noteworthy precedent that foreshadows other changes coming with regard to licensure and the use of technology to treat people in need, wherever they may be.
How do you see the imminent licensing changes impacting your practice or research?
Marlene
Marlene M. Maheu, Ph.D.
_______________________________
Executive Director
TeleMental Health Institute, Inc.
www.TeleMentalHealth.com
T. 619-255-2788 Fax. 480-393-5570
TelehealthNEWS Listserv Founder and Admin
~~~~~
These are the words of relevance:
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012
CONFERENCE REPORT (House Report 112-329)
to accompany
H.R. 1540
SEC. 713. EXPANSION OF STATE LICENSURE EXCEPTION FOR CERTAIN HEALTH CARE
PROFESSIONALS.PROFESSIONALS.
(a) Expansion- Section 1094(d) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting `at any location' before `in any State'; and
(B) by striking `regardless' and all that follows through the period at the
end and inserting `regardless of where such health-care professional or
the patient are located, so long as the practice is within the scope of the
authorized Federal duties.'; and
(2) in paragraph (2), by striking `member of the armed forces' and inserting
`member of the armed forces, civilian employee of the Department of Defense,
personal services contractor under section 1091 of this title, or other health-care
professional credentialed and privileged at a Federal health care institution or
location specially designated by the Secretary for this purpose'.
(b) Regulations- The Secretary of Defense shall prescribe regulations to carry out the
amendments made by this section.
Expansion of State licensure exception for certain health care professionals (sec. 713)
The House bill contained a provision (sec. 713) that would express the sense of Congress
concerning access to behavioral health care and the need for improved collaboration between
the Department of Defense and Department of Veterans Affairs on transition of service member
medical records. The provision would also amend section 1094(d), title 10, United States
Code, to permit Department of Defense civilian employees and other health care professionals
credentialed and privileged at a federal health care institution or location designated by the
Secretary of Defense to practice at any location, regardless of where the health care professional
or the patient are located, so long as the practice is within the scope of the authorized federal
duties. The provision would also require reports on plans to develop and expand programs
utilizing Internet and communications technologies to improve access to care, and plans to
improve the transition of health and battlefield deployment records from the Department to the
Department of Veterans Affairs.
The Senate amendment contained a similar provision (sec. 721), which would limit additional
State licensure exceptions to duties relating to mental health care.
The Senate recedes with an amendment to delete the sense of Congress and required reports.
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