12 2 STA T .48 2 7PUBLIC LA W 11 0– 42 5—O CT. 15 , 2008 orc o mpa c tedun der t h e I nd i an S e lf-D etermination and E du- cation As sistance Act for the tri b es or tribal or g ani z ations to pro v ide pharmac y services .‘ ‘ (2) D ESIGNAT I O NS. — ‘‘(A) IN GENE R A L .— T he Secretary may designate a practitioner described in subparagraph ( B ) as an Internet Eligible C ontrolled Substances P rovider. Such designations shall be made only in cases w here the Secretary has found that there is a legitimate need for the practitioner to be so designated because the population served by the practi- tioner is in a sufficiently remote location that access to medical services is limited. ‘‘(B) PRA C TITIONERS.—A practitioner described in this subparagraph is a practitioner who is an employee or con- tractor of the Indian H ealth Service , or is wor k ing for an Indian tribe or tribal organization under its contract or compact under the Indian Self-Determination and Edu- cation Assistance Act with the Indian Health Service. ‘‘(h) S P ECIAL R EGISTRATION F OR TELE M E D ICINE.— ‘‘( 1 ) IN GENERAL.—The Attorney G eneral may issue to a practitioner a special registration to engage in the practice of telemedicine for purposes of section 1 0 2( 54 )(E) if the practi- tioner, upon application for such special registration— ‘‘(A) demonstrates a legitimate need for the special registration
and ‘‘(B) is registered under section 3 03(f) in the State in which the patient will be located when receiving the telemedicine treatment, unless the practitioner— ‘‘(i) is e x empted from such registration in all States under section 302(d); or ‘‘(ii) is an employee or contractor of the Department of V eterans Affairs who is acting in the scope of such employment or contract and is registered under section 303(f) in any State or is utilizing the registration of a hospital or clinic operated by the Department of Veterans Affairs registered under section 303(f). ‘‘(2) REG U LATIONS.—The Attorney General shall, with the concurrence of the Secretary, promulgate regulations specifying the limited circumstances in which a special registration under this subsection may be issued and the procedures for obtaining such a special registration. ‘‘(3) DENIALS.—Proceedings to deny an application for reg- istration under this subsection shall be conducted in accordance with section 304(c). ‘‘(i) REPORTING OF TELEMEDICINE BY VHA DURING M EDICAL EMERGENCY SITUATIONS.— ‘‘(1) IN GENERAL.—Any practitioner issuing a prescription for a controlled substance under the authorization to conduct telemedicine during a medical emergency situation described in section 102(54)( F ) shall report to the Secretary of Veterans Affairs the authorization of that emergency prescription, in accordance with such re q uirements as the Secretary of Veterans Affairs shall, by regulation, establish. ‘‘(2) TO ATTORNEY GENERAL.— N ot later than 30 days after the date that a prescription described in subparagraph (A) is issued, the Secretary of Veterans Affairs shall report to Regulations.
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