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10 U.S.C. § 1094 — Licensure requirement for health-care professionals
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A person under the jurisdiction of the Secretary of a military department may not provide health care independently as a health-care professional under this chapter unless the person has a current license to provide such care. In the case of a physician, the physician may not provide health care as a physician under this chapter unless the current license is an unrestricted license that is not subject to limitation on the scope of practice ordinarily granted to other physicians for a similar specialty by the jurisdiction that granted the license.
(2) The Secretary of Defense may waive paragraph (1) with respect to any person in unusual circumstances. The Secretary shall prescribe by regulation the circumstances under which such a waiver may be granted.
**(b)** The commanding officer of each health care facility of the Department of Defense shall ensure that each person who provides health care independently as a health-care professional at the facility meets the requirement of subsection (a).
**(c)**
(1) A person (other than a person subject to chapter 47 of this title) who provides health care in violation of subsection (a) is subject to a civil money penalty of not more than $5,000.
(2) The provisions of subsections (c) and (e) through (h) of section 1128A of the Social Security Act ([42 U.S.C. 1320a–7a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a–7a&num=0&edition=prelim)) shall apply to the imposition of a civil money penalty under paragraph (1) in the same manner as they apply to the imposition of a civil money penalty under that section, except that for purposes of this subsection—
(A) a reference to the Secretary in that section is deemed a reference to the Secretary of Defense; and
(B) a reference to a
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Source file: Laws/federal/codes/united-states-code/title-10/section-1094-licensure-requirement-for-health-care-professionals--3ba5950a86.md
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Source location: Title 10, Chapter 55, § 1094; chapter-055-medical-and-dental-care.md
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**(a)**
(1) A person under the jurisdiction of the Secretary of a military department may not provide health care independently as a health-care professional under this chapter unless the person has a current license to provide such care. In the case of a physician, the physician may not provide health care as a physician under this chapter unless the current license is an unrestricted license that is not subject to limitation on the scope of practice ordinarily granted to other physicians for a similar specialty by the jurisdiction that granted the license.
(2) The Secretary of Defense may waive paragraph (1) with respect to any person in unusual circumstances. The Secretary shall prescribe by regulation the circumstances under which such a waiver may be granted.
**(b)** The commanding officer of each health care facility of the Department of Defense shall ensure that each person who provides health care independently as a health-care professional at the facility meets the requirement of subsection (a).
**(c)**
(1) A person (other than a person subject to chapter 47 of this title) who provides health care in violation of subsection (a) is subject to a civil money penalty of not more than $5,000.
(2) The provisions of subsections (c) and (e) through (h) of section 1128A of the Social Security Act ([42 U.S.C. 1320a–7a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a–7a&num=0&edition=prelim)) shall apply to the imposition of a civil money penalty under paragraph (1) in the same manner as they apply to the imposition of a civil money penalty under that section, except that for purposes of this subsection—
(A) a reference to the Secretary in that section is deemed a reference to the Secretary of Defense; and
(B) a reference to a claimant in subsection (e) of that section is deemed a reference to the person described in paragraph (1).
**(d)**
(1) Notwithstanding any law regarding the licensure of health care providers, a health-care professional described in paragraph (2), (3), or (4) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, regardless of where such health-care professional or the patient are located, so long as the practice is within the scope of the authorized Federal duties.
(2) A health-care professional referred to in paragraph (1) as being described in this paragraph is a member of the armed forces, civilian employee of the Department of Defense, personal services contractor under [section 1091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1091&num=0&edition=prelim), contractor not covered under [section 1091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1091&num=0&edition=prelim) who is providing an examination or assessment under [section 10206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10206&num=0&edition=prelim) or medical treatment as part of a mission relating to emergency, humanitarian, or refugee assistance, or other health-care professional credentialed and privileged at a Federal health care institution or location specially designated by the Secretary for this purpose who—
(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and
(B) is performing authorized duties for the Department of Defense.
(3) A health-care professional referred to in paragraph (1) as being described in this paragraph is a member of the National Guard who—
(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and
(B) is performing training or duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) in response to an actual or potential disaster.
(4) To the extent provided in regulations prescribed by the Secretary for the purpose of assuring the availability of high-quality mental health care services to members of the armed forces and dependents entitled to health care under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim), a health care professional referred to in paragraph (1) as being described in this paragraph is a mental health provider providing care through a network under the TRICARE program who—
(A) has a current license to practice as a mental health care professional;
(B) is providing tele-mental health care services to members of the armed forces or such dependents; and
(C) is providing such services under terms and conditions specified by the Secretary (which shall establish the scope of authorized Federal duties for purposes of paragraph (1)).
**(e)** In this section:
(1) The term “license”—
(A) means a grant of permission by an official agency of a State, the District of Columbia, or a Commonwealth, territory, or possession of the United States to provide health care independently as a health-care professional, or the official agency of the government of a partner country; and
(B) includes, in the case of such care furnished in a foreign country by any person who is not a national of the United States, a grant of permission by an official agency of that foreign country for that person to provide health care independently as a health-care professional.
(2) The term “health-care professional” means a physician, dentist, clinical psychologist, marriage and family therapist certified as such by a certification recognized by the Secretary of Defense, or nurse and any other person providing direct patient care as may be designated by the Secretary of Defense in regulations.
(3) The term “partner country” means any of the following:
(A) Australia.
(B) Canada.
(C) New Zealand.
(D) The United Kingdom.
(E) Any other country designated as a partner country by the Secretary of Defense for the purposes of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Improperly filed claims** Any person (including an organization, agency, or other entity, but excluding a beneficiary, as defined in subsection (i)(5)) that—
(1) knowingly presents or causes to be presented to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)), a claim (as defined in subsection (i)(2)) that the Secretary determines—
(A) is for a medical or other item or service that the person knows or should know was not provided as claimed, including any person who engages in a pattern or practice of presenting or causing to be presented a claim for an item or service that is based on a code that the person knows or should know will result in a greater payment to the person than the code the person knows or should know is applicable to the item or service actually provided,
(B) is for a medical or other item or service and the person knows or should know the claim is false or fraudulent,
(C) is presented for a physician’s service (or an item or service incident to a physician’s service) by a person who knows or should know that the individual who furnished (or supervised the furnishing of) the service—
(i) was not licensed as a physician,
(ii) was licensed as a physician, but such license had been obtained through a misrepresentation of material fact (including cheating on an examination required for licensing), or
(iii) represented to the patient at the time the service was furnished that the physician was certified in a medical specialty by a medical specialty board when the individual was not so certified,
(D) is for a medical or other item or service furnished during a period in which the person was excluded from the Federal health c
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A dependent described in paragraph (2) is entitled, upon request, to the medical and dental care prescribed by [section 1077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1077&num=0&edition=prelim) in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff.
(2) A dependent referred to in paragraph (1) is a dependent of a member of a uniformed service described in one of the following subparagraphs:
(A) A member who is on active duty for a period of more than 30 days or died while on that duty.
(B) A member who died from an injury, illness, or disease incurred or aggravated—
(i) while the member was on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive-duty training; or
(ii) while the member was traveling to or from the place at which the member was to perform, or had performed, such active duty, active duty for training, or inactive-duty training.
(C) A member who died from an injury, illness, or disease incurred or aggravated in the line of duty while the member remained overnight immediately before the commencement of inactive-duty training, or while the member remained overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.
(D) A member on active duty who is entitled to benefits under subsection (e) of [section 1074a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1074a&num=0&edition=prelim) by reason of paragraph (1), (2), or (3) of subsection (a) of such section.
(E) A member who died from an injury, illness, or disease in
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “uniformed services” means the armed forces and the Commissioned Corps of the National Oceanic and Atmospheric Administration and of the Public Health Service.
(2) The term “dependent”, with respect to a member or former member of a uniformed service, means—
(A) the spouse;
(B) the unremarried widow;
(C) the unremarried widower;
(D) a child who—
(i) has not attained the age of 21;
(ii) has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support; or
(iii) is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a member or former member under clause (i) or (ii) and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support;
(E) a parent or parent-in-law who is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support and residing in his household;
(F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is creditable in determining that member’s or former member’s eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employer-sponsored health plan;
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—**
(1) The Secretary of Defense, with respect to medical treatment facilities of the Department of Defense, and the Secretary of Homeland Security, with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy, may enter into personal services contracts to carry out health care responsibilities in such facilities, as determined to be necessary by the Secretary. The authority provided in this subsection is in addition to any other contract authorities of the Secretary, including authorities relating to the management of such facilities and the administration of this chapter.
(2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may also enter into personal services contracts to carry out other health care responsibilities of the Secretary (such as the provision of medical screening examinations at Military Entrance Processing Stations) at locations outside medical treatment facilities, as determined necessary pursuant to regulations prescribed by the Secretary.
**(b) Limitation on Amount of Compensation.—** In no case may the total amount of compensation paid to an individual in any year under a personal services contract entered into under subsection (a) exceed the amount of annual compensation (excluding the allowances for expenses) specified in [section 102 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section102&num=0&edition=prelim).
**(c) Procedures.—**
(1) The Secretary shall establish by regulation procedures for entering into personal services contracts with individuals under subsection (a). At a minimum, such procedures shall assure—
(A) the p
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each member of the Selected Reserve who is not on active duty shall—
(1) have a comprehensive medical readiness health and dental assessment on an annual basis, including routine annual preventive health care screening and periodic comprehensive physical examinations in accordance with regulations prescribed by the Secretary of Defense that reflect morbidity and mortality risks associated with the military service, age, and gender of the member; and
(2) execute and submit to the Secretary concerned on an annual basis documentation of the medical and dental readiness of the member to perform military duties.
**(b)** A member of the Individual Ready Reserve or inactive National Guard shall be examined for physical fitness as necessary to determine the member’s physical fitness for—
(1) military duty or promotion;
(2) attendance at a school of the armed forces; or
(3) other action related to career progression.
**(c)** Each Reserve in an active status, or on an inactive status list, who is not on active duty shall execute and submit annually to the Secretary concerned a certificate of physical condition.
**(d)** The kind of duty to which a Reserve ordered to active duty may be assigned shall be considered in determining physical qualifications for active duty.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1139
TITLE 10—ARMED FORCES
§ 1094
AMENDMENTS
2013—Subsec. (a). Pub. L. 112–239 inserted ‘‘or in a
case in which the pregnancy is the result of an act of
rape or incest’’ before period at end.
1996—Pub. L. 104–106, § 738(b)(1), amended section
catchline generally, substituting ‘‘Performance of
abortions: restrictions’’ for ‘‘Restrictions on use of
funds for abortions’’.
Pub. L. 104–106, § 738(a), designated existing provisions
as subsec. (a), inserted subsec. heading, and added sub-
sec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1985, see section 1404 of Pub.
L. 98–525, set out as a note under section 520b of this
title.
Executive Documents
PRIVATELY FUNDED ABORTIONS AT MILITARY HOSPITALS
Memorandum of the President of the United States,
Jan. 22, 1993, 58 F.R. 6439, provided:
Memorandum for the Secretary of Defense
Section 1093 of title 10 of the United States Code pro-
hibits the use of Department of Defense (‘‘DOD’’) funds
to perform abortions except where the life of a woman
would be endangered if the fetus were carried to term.
By memoranda of December 21, 1987, and June 21, 1988,
DOD has gone beyond what I am informed are the re-
quirements of the statute and has banned all abortions
at U.S. military facilities, even where the procedure is
privately funded. This ban is unwarranted. Accord-
ingly, I hereby direct that you reverse the ban imme-
diately and permit abortion services to be provided, if
paid for entirely with non-DOD funds and in accordance
with other relevant DOD policies and procedures.
You are hereby authorized and directed to publish
this memorandum in the Federal Register.
WILLIAM J. CLINTON.
§ 1094. Licensure requirement for health-care
professionals
(a)(1) A person un
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1094
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; criteria for regulations; requirements for hospitals** For the purposes of reporting the cost of services provided by, of planning, and of measuring and comparing the efficiency of and effective use of services in, hospitals, skilled nursing facilities, intermediate care facilities, home health agencies, health maintenance organizations, and other types of health services facilities and organizations to which payment may be made under this chapter, the Secretary shall establish by regulation, for each such type of health services facility or organization, a uniform system for the reporting by a facility or organization of that type of the following information:
(1) The aggregate cost of operation and the aggregate volume of services.
(2) The costs and volume of services for various functional accounts and subaccounts.
(3) Rates, by category of patient and class of purchaser.
(4) Capital assets, as defined by the Secretary, including (as appropriate) capital funds, debt service, lease agreements used in lieu of capital funds, and the value of land, facilities, and equipment.
(5) Discharge and bill data.
The uniform reporting system for a type of health services facility or organization shall provide for appropriate variation in the application of the system to different classes of facilities or organizations within that type and shall be established, to the extent practicable, consistent with the cooperative system for producing comparable and uniform health information and statistics described in [section 242k(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section242k/e/1&num=0&edition=prelim). In reporting under such a system, hospitals shall employ such chart of accounts, definitions, principles, and
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Federal law — U.S. Code and appendices · legal_authorities
Page 2598
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1320
chapter has made a finding (prior to making
such expenditure) that (A) such home is so de-
fective that continued occupancy is unwar-
ranted, (B) unless repairs are made to such
home, rental quarters will be necessary for
such individual, and (C) the cost of rental
quarters to take care of the needs of such indi-
vidual (including his spouse living with him in
such home and any other individual whose
needs were taken into account in determining
the need of such individual) would exceed
(over such time as the Secretary may specify)
the cost of repairs needed to make such home
habitable together with other costs attrib-
utable to continued occupancy of such home,
and
(2) no such expenditures were made for re-
pairing such home pursuant to any prior find-
ing under this section,
the amount paid to any such State for any quar-
ter under section 303(a), 1203(a), 1353(a), or
1383(a) of this title shall be increased by 50 per
centum of such expenditures, except that the ex-
cess above $500 expended with respect to any one
home shall not be included in determining such
expenditures.
(Aug. 14, 1935, ch. 531, title XI, § 1119, as added
Pub. L. 90–248, title II, § 209(a), Jan. 2, 1968, 81
Stat. 894; amended Pub. L. 104–193, title I,
§ 108(g)(5), Aug. 22, 1996, 110 Stat. 2168.)
Editorial Notes
REFERENCES IN TEXT
Section 1383(a) of this title, referred to in text, is a
reference to section 1383(a) of this title as it existed
prior to the general revision of this subchapter by Pub.
L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, eff.
Jan. 1, 1974. The prior section (which is set out as a
note under section 1383 of this title) continues in effect
for Puerto Rico, Guam, and the Virgin Islands
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1320a
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