PRINTER'S NO. 2841
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2419
Session of
2022
INTRODUCED BY PICKETT, SCHLOSSBERG, DeLUCA, R. BROWN, CAUSER,
GROVE, GUENST, HENNESSEY, JAMES, LEWIS DELROSSO,
M. MACKENZIE, MENTZER, O'MARA, ROWE, THOMAS AND ZIMMERMAN,
MARCH 16, 2022
REFERRED TO COMMITTEE ON INSURANCE, MARCH 16, 2022
AN ACT
Amending the act of May 31, 2018 (P.L.123, No.25), entitled "An
act providing for outpatient psychiatric oversight," further
providing for definitions and for requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "advanced practice
professional," "full-time equivalent" and "interactive audio and
video" in section 2 of the act of May 31, 2018 (P.L.123, No.25),
known as the Outpatient Psychiatric Oversight Act, are amended
and the section is amended by adding a definition to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advanced practice professional." A person who:
(1) (i) holds a current Pennsylvania license as a
certified registered nurse practitioner with a mental
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health certification; or
(ii) obtains a mental health certification within
two years of being hired by [a psychiatric] an outpatient
psychiatric clinic or within two years of the effective
date of this section, whichever is later; or
(2) (i) holds a current Pennsylvania license as a
physician assistant with a mental health certification;
or
(ii) obtains a mental health certification within
two years of being hired by [a psychiatric] an outpatient
psychiatric clinic or within two years of the effective
date of this section, whichever is later.
* * *
["Full-time equivalent." Thirty-seven and one-half hours per
week.
"Interactive audio and video." Real-time two-way or
multiple-way communication between a psychiatrist and an
individual.]
* * *
"Telebehavioral health technology." As follows:
(1) Any of the following:
(i) Real-time interactive audio and video
communication using technology that conforms to industry-
wide standards and is in compliance with Federal and
State privacy and security laws.
(ii) Real-time interactive audio-only
telecommunication, provided that the use of audio-only
telecommunication technology is consistent with Federal
and State laws, guidance and requirements.
(2) The term does not include technology solely using
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voicemail, electronic mail messages, facsimile transmissions
or instant messaging, or a combination thereof.
Section 2. Section 3 of the act is amended to read:
Section 3. Requirements.
The following shall apply:
[(1) Except as provided for in paragraph (2), an
outpatient psychiatric clinic shall have a psychiatrist on
site for two hours of psychiatric time per week for each
full-time equivalent treatment staff member.
(2) Fifty percent of the required on-site psychiatric
time under paragraph (1) may be provided by:
(i) An advanced practice professional.
(ii) A psychiatrist off-site by the use of
interactive audio and video using technology that
conforms to industrywide compressed audio-video
communication and protects confidentiality under Federal
and State law in accordance with department-issued
guidelines. Interactive audio without video, electronic
mail message or facsimile transmission may not be used to
meet the requirement under paragraph (1).
(iii) A combination of subparagraphs (i) and (ii).]
(3) Required psychiatric time may be provided in person
or by the use of telebehavioral health technology by
psychiatrists, as specified by department regulations.
Advanced practice professionals may also provide a portion of
the psychiatric time, as specified by department regulations,
either in person or by the use of telebehavioral health
technology.
(4) Nothing in this section shall be construed to limit
the ability of the department to issue a waiver pursuant to
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regulation.
Section 3. This act shall take effect immediately.
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