I 118th CONGRESS 1st Session H. R. 5163 IN THE HOUSE OF REPRESENTATIVES August 4, 2023 Mr. Trone (for himself and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , 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 amend the Controlled Substances Act to allow for the use of telehealth in substance use disorder treatment, and for other purposes.

1. Short title This Act may be cited as the Telehealth Response for E-prescribing Addiction Therapy Services Act or TREATS Act . 2. Telehealth for substance use disorder treatment Section 309(e)(2) of the Controlled Substances Act ( 21 U.S.C. 829(e)(2) ) is amended— (1) in subparagraph (A)(i)— (A) by striking at least 1 in-person medical evaluation and inserting the following: at least— (I) 1 in-person medical evaluation ; and (B) by adding at the end the following: (II) for purposes of prescribing a controlled substance in schedule III, IV, or V that is approved by the Food and Drug Administration for the treatment of opioid use disorder (other than methadone), 1 telehealth evaluation; or ; and (2) by adding at the end the following: (D) The term ‘telehealth evaluation’ means a medical evaluation that is conducted in accordance with applicable Federal and State laws by a practitioner (other than a pharmacist) who is at a location remote from the patient and is communicating with the patient, or a health care professional who is treating the patient, using a telecommunications system referred to in section 1834(m) of the Social Security Act that includes audio-only or audio and video equipment permitting two-way, real-time interactive communication between the patient and distant site practitioner or health care professional who is treating the patient. .