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

(a) In General.— Despite any law about health care professional licenses, a covered health care professional may practice that profession at any location in any State or any of the Freely Associated States (as defined in section 1724(f) of this title), no matter where the professional or patient is located, if the professional uses telemedicine to treat an individual under this chapter. (b) Covered Health Care Professionals.— For this section, a covered health care professional is any of these individuals: (1) A health care professional who— (A) is a Department employee appointed under section 7306, 7401, 7405, 7406, or 7408 of this title or under title 5; (B) the Secretary authorizes to provide health care under this chapter; (C) must follow all quality standards for providing health care under the Department’s applicable policies; and (D) either (i) has an active, current, full, and unrestricted license, registration, or certification in a State to practice that profession; or (ii) for a health care profession listed under section 7402(b) of this title, has the qualifications for that profession set 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 personnel category 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 by the Secretary, within a specified time; and (C) is under the clinical supervision of a health care professional described in paragraph (1). (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) applies to a covered health care professional who treats a patient whether or not the professional or patient is in a facility owned by the Federal Government during the treatment. (d) Relation to State Law.— (1) This section overrides a State-law provision to the extent that the provision conflicts with this section. (2) A State may not deny or revoke a covered health care professional’s license, registration, or certification on the ground that the professional has engaged or intends to engage in activity covered by subsection (a), if the professional otherwise meets the State’s qualifications for holding that license, registration, or certification. (e) Rule of Construction.— Nothing in this section removes, limits, or otherwise affects 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, “State” means a State as defined in section 101(20) of this title, or a political subdivision of a State.