Browse Arkansas Code titles and sections
38 U.S.C. § 1730C — Licensure of health care professionals
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
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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 individual State or regional prescription drug
monitoring program,’’ for ‘‘such network’’.
Subsec. (a)(3). Pub. L. 115–251, § 206(1)(C), which di-
rected ‘‘inserting ‘, or any individual State or regional
prescription drug monitoring program,’ after pro-
grams’’, was executed by inserting the quoted text
after ‘‘programs’’ as if that word had been enclosed in
quotation marks in the directory language, to reflect
the probable intent of Congress.
Subsec. (c)(2). Pub. L. 115–251, § 206(2), inserted ‘‘, or
any individual State or regional prescription drug mon-
itoring program,’’ after ‘‘programs’’.
§ 1730C. Licensure of health care professionals
providing treatment via telemedicine
(a) IN GENERAL.—Notwithstanding any provi-
sion of law regarding the licensure of health
care professionals, a covered health care profes-
sional 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), re-
gardless of where the covered health care profes-
sional 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 individ-
uals:
(1) A health care professional who—
(A) is an employee of the Department ap-
pointed under section 7306, 7401, 7405, 7406, or
7408 of this title or under title 5;
(B) is authorized by the Secretary to pro-
vide 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 un-
restricted license, registration, or certifi-
cation 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, 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;
(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 para-
graph (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 para-
graph (1).
(c) PROPERTY OF FEDERAL GOVERNMENT.—Sub-
section (a) shall apply to a covered health care
professional providing treatment to a patient re-
gardless of whether the covered health care pro-
fessional or patient is located in a facility
owned by the Federal Government during such
treatment.
(d) RELATION
TO STATE LAW.—(1) The provi-
sions of this section shall supersede any provi-
sions 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 quali-
fications 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 sub-
section (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 et seq.).
(f) STATE DEFINED.—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.
(Added Pub. L. 115–182, title I, § 151(a), June 6,
2018, 132 Stat. 1430; amended Pub. L. 116–283, div.
Page 469
TITLE 38—VETERANS’ BENEFITS
§ 1732
H, title XCI, § 9101, Jan. 1, 2021, 134 Stat. 4780;
Pub. L. 118–42, div. G, title II, § 209(a)(4)(B), Mar.
9, 2024, 138 Stat. 441.)
Editorial Notes
REFERENCES IN TEXT
The Controlled Substances Act, referred to in subsec.
(e), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat.
1242, which is classified principally to subchapter I
(§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs.
For complete classification of this Act to the Code, see
Short Title note set out under section 801 of Title 21
and Tables.
AMENDMENTS
2024—Subsec. (a). Pub. L. 118–42 substituted ‘‘any
State or any of the Freely Associated States (as defined
in section 1724(f) of this title)’’ for ‘‘any State’’.
2021—Subsec. (b). Pub. L. 116–283 amended subsec. (b)
generally. Prior to amendment, subsec. (b) related to
who were considered covered health care professionals.
SUBCHAPTER
IV—HOSPITAL
CARE
AND
MEDICAL TREATMENT FOR VETERANS
IN THE REPUBLIC OF THE PHILIPPINES
Editorial Notes
AMENDMENTS
1981—Pub. L. 97–72, title I, § 107(d)(1), Nov. 3, 1981, 95
Stat. 1053, substituted ‘‘HOSPITAL CARE AND MED-
ICAL TREATMENT FOR VETERANS IN THE REPUB-
LIC OF THE PHILIPPINES’’ for ‘‘HOSPITAL AND
MEDICAL CARE FOR COMMONWEALTH OF THE
PHILIPPINES ARMY VETERANS’’ in subchapter
heading.
§ 1731. Assistance to the Republic of the Phil-
ippines
The President is authorized to assist the Re-
public of the Philippines in fulfilling its respon-
sibility in providing medical care and treatment
for Commonwealth Army veterans and new Phil-
ippine Scouts in need of such care and treat-
ment for service-connected disabilities and non-
service-connected disabilities under certain con-
ditions.
(Added Pub. L. 93–82, title I, § 107(a), Aug. 2, 1973,
87 Stat. 184, § 631; amended Pub. L. 97–72, title I,
§ 107(b), Nov. 3, 1981, 95 Stat. 1052; renumbered
§ 1731, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.
406.)
Editorial Notes
PRIOR PROVISIONS
Prior section 1731 was renumbered section 3531 of this
title.
AMENDMENTS
1991—Pub. L. 102–83 renumbered section 631 of this
title as this section.
1981—Pub. L. 97–72 inserted ‘‘in fulfilling its responsi-
bility’’ after ‘‘The President is authorized to assist the
Republic of the Philippines’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective July 1, 1973, see section 501 of Pub.
L. 93–82, set out as an Effective Date of 1973 Amend-
ment note under section 1701 of this title.
§ 1732. Contracts and grants to provide for the
care and treatment of United States veterans
by the Veterans Memorial Medical Center
(a) The President, with the concurrence of the
Republic of the Philippines, may authorize the
Secretary to enter into contracts with the Vet-
erans Memorial Medical Center, with the ap-
proval of the appropriate department of the
Government of the Republic of the Philippines,
covering the period beginning on October 1, 1981,
and ending on September 30, 1994, under which
the United States—
(1) will provide for payments for hospital
care and medical services (including nursing
home care) in the Veterans Memorial Medical
Center, as authorized by section 1724 of this
title and on the terms and conditions set forth
in such section, to eligible United States vet-
erans at a per diem rate to be jointly deter-
mined for each fiscal year by the two Govern-
ments to be fair and reasonable; and
(2) may provide that payments for such hos-
pital care and medical services provided to eli-
gible United States veterans may consist in
whole or in part of available medicines, med-
ical supplies, and equipment furnished by the
Secretary to the Veterans Memorial Medical
Center at valuations therefor as determined
by the Secretary, who may furnish such medi-
cines,
medical
supplies,
and
equipment
through the revolving supply fund pursuant to
section 8121 of this title.
(b)(1) To further assure the effective care and
treatment of United States veterans in the Vet-
erans Memorial Medical Center, there is author-
ized to be appropriated for each fiscal year dur-
ing the period beginning on October 1, 1981, and
ending on September 30, 1990, the sum of
$1,000,000 to be used by the Secretary for making
grants to the Veterans Memorial Medical Center
for the purpose of assisting the Republic of the
Philippines in the replacement and upgrading of
equipment and in rehabilitating the physical
plant and facilities of such center.
(2) Grants under this subsection shall be made
on such terms and conditions as prescribed by
the Secretary. Such terms and conditions may
include a requirement of prior approval by the
Secretary of the uses of the funds provided by
such grants.
(3) Funds for such grants may be provided only
from appropriations made to the Department for
the specific purpose of making such grants.
(c) The Secretary may stop payments under a
contract or grant under this section upon rea-
sonable notice as stipulated by the contract or
grant if the Republic of the Philippines and the
Veterans Memorial Medical Center do not main-
tain the medical center in a well-equipped and
effective operating condition as determined by
the Secretary.
(d)(1) The authority of the Secretary to enter
into contracts and to make grants under this
section is effective for any fiscal year only to
the extent that appropriations are available for
that purpose.
(2) Appropriations made for the purpose of this
section shall remain available until expended.
(Added Pub. L. 93–82, title I, § 107(a), Aug. 2, 1973,
87 Stat. 184, § 632; amended Pub. L. 94–581, title
Cross-references
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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
Stored review status: release_metadata_unconfirmed. 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 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
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 802
Stored review status: release_metadata_unconfirmed. The source passage cites 21 U.S.C. § 802. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 802
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1730C
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.