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38 U.S.C. § 1730C — Licensure of health care professionals

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1730C — Licensure of health care professionals

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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Stable record: federal_law:legal_authorities:usc2024-31f820873ba76598e7245f01
Source file: Laws/federal/codes/united-states-code-2024/title-38/section-1730c-licensure-of-health-care-professionals--cb9afb4802.md
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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

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 801 — Congressional findings and declarations: controlled substances

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

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 801 — Congressional findings and declarations:

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

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 802 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 802 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1730C — Licensure of health care professionals providing treatment via telemedicine

**(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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