Page:United States Statutes at Large Volume 122.djvu/4855

 12 2 STA T .483 2 PUBLIC LA W 11 0– 42 5—O CT. 15 , 2008 employ me nt,a n dwi t h in the sc ope o f the official d u ties of such a g ent o r employee therewith .’ ’. ( i )IMPORTANDEX PORT AC T. —S ection 10 10( b ) of the C ontrolled Substances Import and E x port Act ( 2 1 U .S.C. 96 0(b)) is amended— (1) in paragraph ( 4 )— (A) by stri k ing ‘ ‘or any q uantity of a controlled sub - stance in schedule III, I V, or V, (except a v iolation involving flunitra z epam and except a violation involving gamma hydroxybutyric acid)’’ ( B ) by inserting ‘‘or’’ before ‘‘less than one kilogram of hashish oil’’; and (C) by striking ‘‘imprisoned’’ and all that follows through the end of the paragraph and inserting ‘‘sentenced in accordance with section 401(b)(1)( D ).’’; (2) by adding at the end the following

‘‘( 5 ) In the case of a violation of subsection (a) involving a controlled substance in schedule III, such person shall be sentenced in accordance with section 401(b)(1). ‘‘(6) In the case of a violation of subsection (a) involving a controlled substance in schedule IV, such person shall be sentenced in accordance with section 401(b)(2). ‘‘( 7 ) In the case of a violation of subsection (a) involving a controlled substance in schedule V, such person shall be sentenced in accordance with section 401(b)( 3 ).’’; and (3) in paragraph (3), by striking ‘‘, nor shall a person so sentenced be eligible for parole during the term of such a sentence’’ in the final sentence. ( j )E F F E CT IV E DATE.— (1) IN G ENERA L .—Except as provided in paragraph (2), the amendments made by this Act shall take effect 1 8 0 days after the date of enactment of this Act. (2) DEFINITION OF PRACTICE OF TELEMEDICINE.— (A) IN GENERAL.—Until the earlier of 3 months after the date on which regulations are promulgated to carry out section 311(h) of the Controlled Substances Act, as amended by this Act, or 15 months after the date of enact- ment of this Act— (i) the definition of the term ‘‘practice of telemedi- cine’’ in subparagraph (B) of this paragraph shall apply for purposes of the Controlled Substances Act; and (ii) the definition of the term ‘‘practice of telemedi- cine’’ in section 102(54) of the Controlled Substances Act, as amended by this Act, shall not apply. (B) T EMPORAR Y P H A S E-IN OF TELEMEDICINE REG U LA- TION.—During the period specified in subparagraph (A), the term ‘‘practice of telemedicine’’ means the practice of medicine in accordance with applicable F ederal and State laws by a practitioner (as that term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) (other than a pharmacist) who is at a location remote from the patient and is communicating with the patient, or health care professional who is treating the patient, using a tele- communications system referred to in section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)), if the practi- tioner is using an interactive telecommunications system that satisfies the requirements of section 410.78(a)(3) of title 42, Code of Federal R egulations. Deadlin e .21USC80 2 n ot e.

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