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38 U.S.C. § 1730C — Licensure of health care professionals providing treatment via telemedicine
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** 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 or any of the Freely Associated States (as defined in [section 1724(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1724/f&num=0&edition=prelim)), 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.
**(b) Covered Health Care Professionals.—** For purposes of this section, a covered health care professional is any of the following individuals:
(1) A health care professional who—
(A) is an employee of the Department appointed under section 7306, 7401, 7405, 7406, or 7408 of this title or under title 5;
(B) is authorized by the Secretary to provide health care under this chapter;
(C) is required to adhere to all standards for quality relating to the provision of health care in accordance with applicable policies of the Department; and
(D)
(i) 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; or
(ii) with respect to a health care profession listed under [section 7402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402/b&num=0&edition=prelim), has the qualifications for such profession as set forth by the Secretary.
(2) A postgraduate health care employee who—
(A) is appointed under section 7401(1), 7401(3), or 7405 of this title or title 5 for a
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Source location: Title 38, Chapter 17, § 1730C; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md
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**(a) In General.—** 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 or any of the Freely Associated States (as defined in [section 1724(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1724/f&num=0&edition=prelim)), 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.
**(b) Covered Health Care Professionals.—** For purposes of this section, a covered health care professional is any of the following individuals:
(1) A health care professional who—
(A) is an employee of the Department appointed under section 7306, 7401, 7405, 7406, or 7408 of this title or under title 5;
(B) is authorized by the Secretary to provide health care under this chapter;
(C) is required to adhere to all standards for quality relating to the provision of health care in accordance with applicable policies of the Department; and
(D)
(i) 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; or
(ii) with respect to a health care profession listed under [section 7402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402/b&num=0&edition=prelim), has the qualifications for such profession as set forth by the Secretary.
(2) A postgraduate health care employee who—
(A) is appointed under section 7401(1), 7401(3), or 7405 of this title or title 5 for any category of personnel described in paragraph (1) or (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim);
(B) must obtain an active, current, full, and unrestricted license, registration, or certification or meet qualification standards set forth by the Secretary within a specified time frame; and
(C) is under the clinical supervision of a health care professional described in paragraph (1); or
(3) A health professions trainee who—
(A) is appointed under section 7405 or 7406 of this title; and
(B) is under the clinical supervision of a health care professional described in paragraph (1).
**(c) Property of Federal Government.—** 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.
**(d) Relation to State Law.—**
(1) 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.
(2) 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).
**(e) Rule of Construction.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) et seq.).
**(f) State Defined.—** In this section, the term “State” means a State, as defined in [section 101(20) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/20&num=0&edition=prelim), or a political subdivision of a State.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
There may be appointed by the Secretary such personnel as the Secretary may find necessary for the health care of veterans (in addition to those in the Office of the Under Secretary for Health appointed under [section 7306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim)), as follows:
(1) Physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries.
(2) Scientific and professional personnel, such as microbiologists, chemists, and biostatisticians.
(3) Audiologists, licensed hearing aid specialists, speech pathologists, and audiologist-speech pathologists, biomedical engineers, certified or registered respiratory therapists, dietitians, licensed physical therapists, licensed practical or vocational nurses, nurse assistants, medical instrument technicians, medical records administrators or specialists, medical records technicians, medical technologists, dental hygienists, dental assistants, nuclear medicine technologists, occupational therapists, occupational therapy assistants, kinesiotherapists, orthotist-prosthetists, pharmacists, pharmacy technicians, physical therapy assistants, prosthetic representatives, psychologists, diagnostic radiologic technologists, therapeutic radiologic technologists, social workers, marriage and family therapists, licensed professional mental health counselors, blind rehabilitation specialists, blind rehabilitation outpatient specialists, statisticians, economists, informaticists, data scientists, and and 11 So in original. such other classes of health care occupations as the Secretary considers necessary for the recruitment and retention needs of the Department subject to the followin
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization for veterans’ services**
(1) **Definition of Freely Associated States** — In this subsection, the term “Freely Associated States” means—
(A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; [48 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1901&num=0&edition=prelim) note);
(B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; [48 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1901&num=0&edition=prelim) note); and
(C) the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled “Joint Resolution to approve the ‘Compact of Free Association’ between the United States and the Government of Palau, and for other purposes” (Public Law 99–658; [48 U.S.C. 1931](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1931&num=0&edition=prelim) note).
(2) **, (3) Omitted**
(4) **Legal issues**
(A) *Agreements to furnish care and services*
(i) *In general* — Before delivering hospital care or medical services under subsection (f) of [section 1724 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1724&num=0&edition=prelim), as added by paragraph (2)(B), the Secretary of Veterans Affairs, in consultation with the Secretary of State, shall enter into agreements with the govern
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1988
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Federal law — U.S. Code and appendices · legal_authorities
Page 772
TITLE 21—FOOD AND DRUGS
§ 801
Sec.
831.
Additional requirements relating to online
pharmacies and telemedicine.
832.
Suspicious orders.
PART D—OFFENSES AND PENALTIES
841.
Prohibited acts A.
842.
Prohibited acts B.
843.
Prohibited acts C.
844.
Penalties for simple possession.
844a.
Civil penalty for possession of small amounts
of certain controlled substances.
845 to 845b. Transferred.
846.
Attempt and conspiracy.
847.
Additional penalties.
848.
Continuing criminal enterprise.
849.
Transportation safety offenses.
850.
Information for sentencing.
851.
Proceedings to establish prior convictions.
852.
Application of treaties and other inter-
national agreements.
853.
Criminal forfeitures.
853a.
Transferred.
854.
Investment of illicit drug profits.
855.
Alternative fine.
856.
Maintaining drug-involved premises.
857.
Repealed.
858.
Endangering human life while illegally manu-
facturing controlled substance.
859.
Distribution to persons under age twenty-one.
860.
Distribution or manufacturing in or near
schools and colleges.
860a.
Consecutive sentence for manufacturing or
distributing, or possessing with intent to
manufacture or distribute, methamphet-
amine on premises where children are
present or reside.
861.
Employment or use of persons under 18 years
of age in drug operations.
862.
Denial of Federal benefits to drug traffickers
and possessors.
862a.
Denial of assistance and benefits for certain
drug-related convictions.
862b.
Sanctioning for testing positive for con-
trolled substances.
863.
Drug paraphernalia.
864.
Anhydrous ammonia.
864a.
Grants
to
reduce
production
of
methamphetamines from anhydrous ammo-
nia.
865.
Smuggling
methamphetamine
or
meth-
amphetamine precursor chemica
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 801
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 468
TITLE 38—VETERANS’ BENEFITS
§ 1730C
(2) is not receiving palliative care or en-
rolled in hospice care.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘controlled substance’’ has the
meaning given such term in section 102(6) of
the Controlled Substances Act (21 U.S.C.
802(6)).
(2) The term ‘‘delegate’’ means a person or
automated system accessing the national net-
work of State-based prescription monitoring
programs, or any individual State or regional
prescription drug monitoring program, at the
direction or under the supervision of a li-
censed health care provider.
(3) The term ‘‘licensed health care provider’’
means a health care provider employed by the
Department who is licensed, certified, or reg-
istered within any State to fill or prescribe
medications within the scope of his or her
practice as a Department employee.
(4) The term ‘‘national network of State-
based
prescription
monitoring
programs’’
means an interconnected nation-wide system
that facilitates the transfer to State prescrip-
tion drug monitoring program data across
State lines.
(5) The term ‘‘State’’ means a State, as de-
fined in section 101(20) of this title, or a polit-
ical subdivision of a State.
(Added Pub. L. 115–182, title I, § 134(a), June 6,
2018, 132 Stat. 1428; amended Pub. L. 115–251, title
II, § 206, Sept. 29, 2018, 132 Stat. 3173.)
Editorial Notes
AMENDMENTS
2018—Subsec. (a)(1). Pub. L. 115–251, § 206(1)(A), in-
serted ‘‘, or any individual State or regional prescrip-
tion drug monitoring program,’’ after ‘‘programs’’.
Subsec. (a)(2)(A). Pub. L. 115–251, § 206(1)(B), sub-
stituted ‘‘the national network of State-based prescrip-
tion monitoring programs, or, if providing care in a
State that does not participate in such national net-
work, an i
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1730C
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