H.R. 5357

119th CONGRESS 1st Session

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 · Sponsor: Mr. Flood

Table of contents

• H.R. 5357
  • SEC. 1. Short title
  • SEC. 2. Licensing reciprocity for college mental health providers

SEC. 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 , 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 , a college mental health provider shall—
      • verify the identity of such student;
      • 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;
      • 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
      • 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 —
      • 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 ; and
      • 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:
    • The term college mental health provider means an individual who—
    • The term covered student means, with respect to a college mental health provider—
    • 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
    • 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.
    • The term State means a State, the District of Columbia, or a territory or possession of the United States.
    • 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.