Sec. 4. Psychiatrist licensure
532 words·~2 min read·
/bill/119/hr/6994/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In the case of a covered psychiatrist who has in effect medical professional liability insurance coverage and provides in a secondary State covered psychiatry services that are within the scope of practice of such covered psychiatrist in the primary State to a patient— such medical professional liability insurance coverage shall cover (subject to any related premium adjustments) such covered psychiatrist with respect to such covered psychiatry services provided by the psychiatrist in the secondary State to such patient as if such services were provided by such psychiatrist in the primary State to such patient; and to the extent such covered psychiatrist is licensed under the requirements of the primary State to provide such services to such patient, the psychiatrist shall be treated as satisfying any licensure requirements of the secondary State to provide such services to such patient to the extent the licensure requirements of the secondary State are substantially similar to the licensure requirements of the primary State.
Nothing in this section shall be construed— to allow a covered psychiatrist to provide psychiatry services in the secondary State that exceed the scope of that psychiatrist’s license in the primary State; or to allow a covered psychiatrist to provide psychiatry services in the secondary State that exceed the scope of a substantially similar psychiatrist license in the secondary State. In this Act: The term covered psychiatrist means a physician— who has completed a psychiatry residency program accredited by the Accreditation Council for Graduate Medical Education; whose practice focuses predominantly on the diagnosis, treatment, prevention, or study of mental health disorders; and who is licensed to practice in the primary State.
The term covered psychiatry services means medical care relating to the diagnosis, treatment, or prevention of mental health or behavioral health disorders conducted by a covered psychiatrist who is at a location remote from the patient and is communicating with the patient through the use of telehealth technologies. The term license or licensure , as applied with respect to a covered psychiatrist, means a psychiatrist that has met the requirements and is approved to provide covered psychiatry services in accordance with State laws and regulations in the primary State.
The term primary State means, with respect to a covered psychiatrist, the State in which— the covered psychiatrist is licensed to practice; and the majority of the covered psychiatrist’s practice is underwritten for medical professional liability insurance coverage. The term secondary State means, with respect to a covered psychiatrist, any State that is not the primary State. The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States.
The term substantially similar , with respect to the licensure by primary and secondary States of a psychiatrist, means that both the primary and secondary States have in place a form of licensure for such professionals that permits such professionals to provide covered psychiatry services. The term telehealth technologies means technologies relating to the use of electronic information and telecommunication technologies, to support and promote, at a distance, health care, patient and professional health-related education, health administration, and public health.
This section shall take effect on the date of enactment of this Act.