[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5357 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 5357

 To provide limited licensing reciprocity for a college mental health 
     provider to furnish mental health services through telehealth 
  technology to students of the institution of higher education that 
                         employs such provider.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2025

Mr. Flood (for himself, Mr. Bacon, and Mr. Nunn of Iowa) introduced the 
   following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Education and Workforce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide limited licensing reciprocity for a college mental health 
     provider to furnish mental health services through telehealth 
  technology to students of the institution of higher education that 
                         employs such provider.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``College Students Continuation of 
Mental Health Care Act of 2025''.

SEC. 2. LICENSING RECIPROCITY FOR COLLEGE MENTAL HEALTH PROVIDERS.

    (a) In General.--Notwithstanding any other provision of Federal or 
State law, a college mental health provider may, in accordance with 
subsection (b), furnish mental health services to a covered student in 
the State in which such student is located through telehealth 
technology, unless such provider is affirmatively excluded from 
practice in such State.
    (b) Requirements To Furnish Services.--
            (1) Initiation of telehealth services.--Prior to furnishing 
        mental health services to a covered student pursuant to 
        subsection (a), a college mental health provider shall--
                    (A) verify the identity of such student;
                    (B) obtain an oral or written acknowledgment from 
                such student (or a legal representative of such 
                student), and make a record of such acknowledgment, 
                indicating that such student intends to receive mental 
                health services from such provider through telehealth 
                technology;
                    (C) obtain or confirm more than 1 means of 
                telehealth technology through which such provider may 
                contact such student in case of a technological 
                failure; and
                    (D) in the case that the college mental health 
                provider has not previously furnished services to such 
                student--
                            (i) obtain a written acknowledgment from 
                        such student (or a legal representative of such 
                        student) indicating that such student 
                        understands that a treatment relationship is 
                        being established with such provider; or
                            (ii) furnish such mental health services to 
                        such student through a means of telehealth 
                        technology that allows such provider and such 
                        student to communicate in real time.
            (2) Scope of practice.--A college mental health provider 
        furnishing services to a covered student pursuant to subsection 
        (a)--
                    (A) except as authorized under this section with 
                respect to the location of such student, shall act 
                within the scope of the license or certification from, 
                or other authorization by, the primary State described 
                in subsection (e)(1)(B); and
                    (B) is not required to act within the scope of any 
                license, certification, or other authorization issued 
                to similar providers in the State in which such student 
                is located if such provider would not be required to 
                act within such scope if such services were furnished 
                in the primary State, except that such provider--
                            (i) may not furnish to such student any 
                        service or subset of services prohibited by the 
                        State in which such student is located; and
                            (ii) may not furnish to such student any 
                        service or subset of services in a manner 
                        prohibited by the State in which such student 
                        is located.
    (c) Treatment of Medical Malpractice Insurance Coverage.--Any 
medical malpractice insurance coverage shall provide that services 
furnished by a college mental health provider to a covered student 
pursuant to subsection (a) shall be treated under such coverage as 
services furnished in the primary State.
    (d) Interstate Compacts for Telehealth.--The consent of Congress is 
hereby given to any 2 or more States to enter into agreements or 
compacts, not in conflict with this section, to permit college mental 
health providers to furnish mental health services to covered students 
in each such State through telehealth technology.
    (e) Definitions.--In this section:
            (1) College mental health provider.--The term ``college 
        mental health provider'' means an individual who--
                    (A) is employed by an institution of higher 
                education to furnish mental health services to students 
                enrolled at such institution; and
                    (B) has a valid and unrestricted license or 
                certification from, or is otherwise authorized by, the 
                primary State to furnish such mental health services in 
                such State.
            (2) Covered student.--The term ``covered student'' means, 
        with respect to a college mental health provider--
                    (A) an individual registered for courses at the 
                institution of higher education that employs such 
                provider; and
                    (B) an individual that attended courses at the 
                institution of higher education that employs such 
                provider at any point during the 3-month period ending 
                on the date on which such provider is seeking to 
                furnish such services to such individual pursuant to 
                subsection (a).
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (4) Primary state.--The term ``primary State'' means, with 
        respect to a college mental health provider, the State in which 
        the institution of higher education that employs such provider 
        is located.
            (5) State.--The term ``State'' means a State, the District 
        of Columbia, or a territory or possession of the United States.
            (6) Telehealth technology.--The term ``telehealth 
        technology'' means telecommunications and information 
        technology, including audio-visual, audio-only, or store and 
        forward technology, used to furnish mental health services at a 
        distance.
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