H.R. 5357

119 HR 5357 IH: College Students Continuation of Mental Health Care Act of 2025
 U.S. House of Representatives
 2025-09-15
 text/xml
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 I  119th CONGRESS  1st Session  H. R. 5357  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.
1.
Short title
This Act may be cited as the   College Students Continuation of Mental Health Care Act of 2025  .
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.