Page:United States Statutes at Large Volume 122.djvu/4846

 12 2 STA T .48 2 3PUBLIC LA W 11 0– 42 5—O CT. 15 , 2008 ‘ ‘ (i ii )reg i st ere dun der se c ti o n 30 3( f )int h e S t a te in w hich the p atient is l ocated , unless the practitioner — ‘‘( I )ise x e m pted from such registration in all States under section 30 2 (d) or ‘‘(II) is— ‘‘(aa) an emplo y ee or contractor of the D epart - ment of V eterans A ffairs who is acting in the scope of such employment or contract; and ‘‘( b b) registered under section 303(f) in any State or is using the registration of a hospital or clinic operated by the Department of Veterans Affairs registered under section 303(f); ‘‘( C ) is being conducted by a practitioner— ‘‘(i) who is an employee or contractor of the Indian H ealth Ser v ice, or is wor k ing for an Indian tribe or tribal organi z ation under its contract or compact with the Indian Health Service under the Indian Self-Determination and E ducation Assistance Act; ‘‘(ii) acting within the scope of the employment, con- tract, or compact described in clause (i); and ‘‘(iii) who is designated as an Internet Eligible Con- trolled Substances P rovider by the Secretary under section 3 1 1(g)(2); ‘‘(D)(i) is being conducted during a public health emergency declared by the Secretary under section 31 9 of the Public Health Service Act; and ‘‘(ii) involves patients located in such areas, and such con- trolled substances, as the Secretary, with the concurrence of the Attorney G eneral, designates, provided that such designa- tion shall not be sub j ect to the procedures prescribed by sub- chapter II of chapter 5 of title 5, U nited States Code; ‘‘(E) is being conducted by a practitioner who has obtained from the Attorney General a special registration under section 311(h); ‘‘( F ) is being conducted— ‘‘(i) in a medical emergency situation— ‘‘(I) that prevents the patient from being in the physical presence of a practitioner registered under section 303(f) who is an employee or contractor of the Veterans Health Administration acting in the usual course of business and employment and within the scope of the official duties or contract of that employee or contractor; ‘‘(II) that prevents the patient from being phys- ically present at a hospital or clinic operated by the Department of Veterans Affairs registered under sec- tion 303(f); ‘‘(III) during which the primary care practitioner of the patient or a practitioner otherwise practicing telemedicine within the meaning of this paragraph is unable to provide care or consultation; and ‘‘(IV) that re q uires immediate intervention by a health care practitioner using controlled substances to prevent what the practitioner reasonably believes in good faith will be imminent and serious clinical consequences, such as further injury or death; and ‘‘(ii) by a practitioner that—

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