10 U.S.C. § 1094 — Licensure requirement for health-care

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 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 spe- cialty by the jurisdiction that granted the li- cense. (2) The Secretary of Defense may waive para- graph (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 sub- section (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 Secu- rity Act (42 U.S.C. 1320a–7a) shall apply to the imposition of a civil money penalty under para- graph (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 sec- tion 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 profes- sions of the health-care professional at any loca- tion 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 para- graph is a member of the armed forces, civilian employee of the Department of Defense, per- sonal services contractor under section 1091 of this title, contractor not covered under section 1091 of this title who is providing an examina- tion or assessment under section 10206 of this title 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 medi- cine, osteopathic medicine, dentistry, or an- other 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 para- graph is a member of the National Guard who— (A) has a current license to practice medi- cine, osteopathic medicine, dentistry, or an- other health profession; and (B) is performing training or duty under sec- tion 502(f) of title 32 in response to an actual or potential disaster. (4) To the extent provided in regulations pre- scribed by the Secretary for the purpose of as- suring 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, 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 serv- ices 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)). Page 1140 TITLE 10—ARMED FORCES § 1094a (e) In this section: (1) The term ‘‘license’’— (A) means a grant of permission by an offi- cial agency of a State, the District of Co- lumbia, or a Commonwealth, territory, or possession of the United States to provide health care independently as a health-care professional; and (B) includes, in the case of such care fur- nished 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 psycholo- gist, 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 reg- ulations. (Added Pub. L. 99–145, title VI, § 653(a)(1), Nov. 8, 1985, 99 Stat. 657; amended Pub. L. 99–661, div. A, title XIII, § 1343(a)(5), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 101–189, div. A, title VI, § 653(e)(1), title XVI, § 1622(e)(3), Nov. 29, 1989, 103 Stat. 1463, 1605; Pub. L. 105–85, div. A, title VII, § 737, Nov. 18, 1997, 111 Stat. 1814; Pub. L. 105–261, div. A, title VII, § 734(a), Oct. 17, 1998, 112 Stat. 2072; Pub. L. 108–375, div. A, title VII, § 717(b), Oct. 28, 2004, 118 Stat. 1986; Pub. L. 111–383, div. A, title VII, § 713, Jan. 7, 2011, 124 Stat. 4247; Pub. L. 112–81, div. A, title VII, § 713(a), Dec. 31, 2011, 125 Stat. 1476; Pub. L. 117–263, div. A, title VII, § 718, Dec. 23, 2022, 136 Stat. 2662; Pub. L. 118–159, div. A, title VII, §§ 713, 714(a), Dec. 23, 2024, 138 Stat. 1947.) Editorial Notes AMENDMENTS 2024—Subsec. (d)(1). Pub. L. 118–159, § 714(a)(1), sub- stituted ‘‘paragraph (2), (3), or (4)’’ for ‘‘paragraph (2) or (3)’’. Subsec. (d)(2). Pub. L. 118–159, § 713, inserted ‘‘an ex- amination or assessment under section 10206 of this title or’’ after ‘‘section 1091 of this title who is pro- viding’’ in introductory provisions. Subsec. (d)(4). Pub. L. 118–159, § 714(a)(2), added par. (4). 2022—Subsec. (d)(2). Pub. L. 117–263 inserted ‘‘con- tractor not covered under section 1091 of this title who is providing medical treatment as part of a mission re- lating to emergency, humanitarian, or refugee assist- ance,’’ after ‘‘section 1091 of this title,’’ in introductory provisions. 2011—Subsec. (d)(1). Pub. L. 112–81, § 713(a)(1), inserted ‘‘at any location’’ before ‘‘in any State’’ and sub- stituted ‘‘regardless of where such health-care profes- sional or the patient are located, so long as the prac- tice is within the scope of the authorized Federal du- ties.’’ for ‘‘regardless of whether the practice occurs in a health care facility of the Department of Defense, a civilian facility affiliated with the Department of De- fense, or any other location authorized by the Sec- retary of Defense.’’ Pub. L. 111–383, § 713(1), inserted ‘‘or (3)’’ after ‘‘para- graph (2)’’. Subsec. (d)(2). Pub. L. 112–81, § 713(a)(2), substituted ‘‘member of the armed forces, civilian employee of the Department of Defense, personal services contractor under section 1091 of this title, or other health-care professional credentialed and privileged at a Federal health care institution or location specially designated by the Secretary for this purpose’’ for ‘‘member of the armed forces’’. Pub. L. 111–383, § 713(2), inserted ‘‘as being described in this paragraph’’ after ‘‘paragraph (1)’’ in introduc- tory provisions. Subsec. (d)(3). Pub. L. 111–383, § 713(3), added par. (3). 2004—Subsec. (e)(2). Pub. L. 108–375 inserted ‘‘mar- riage and family therapist certified as such by a certifi- cation recognized by the Secretary of Defense,’’ after ‘‘psychologist,’’. 1998—Subsec. (a)(1). Pub. L. 105–261 inserted at end ‘‘In the case of a physician, the physician may not pro- vide health care as a physician under this chapter un- less the current license is an unrestricted license that is not subject to limitation on the scope of practice or- dinarily granted to other physicians for a similar spe- cialty by the jurisdiction that granted the license.’’ 1997—Subsecs. (d), (e). Pub. L. 105–85 added subsec. (d) and redesignated former subsec. (d) as (e). 1989—Subsec. (c)(2). Pub. L. 101–189, § 653(e)(1), sub- stituted ‘‘subsections (c) and (e) through (h)’’ for ‘‘sub- sections (b) and (d) through (g)’’. Subsec. (d)(1). Pub. L. 101–189, § 1622(e)(3)(A), sub- stituted ‘‘The term ‘license’’ for ‘‘ ‘License’’ in intro- ductory provisions. Subsec. (d)(2). Pub. L. 101–189, § 1622(e)(3)(B), sub- stituted ‘‘The term ‘health-care’’ for ‘‘ ‘Health-care’’. 1986—Subsec. (d)(2). Pub. L. 99–661 realigned margin of par. (2) to conform to margin of par. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. A, title VII, § 734(c)(1), Oct. 17, 1998, 112 Stat. 2073, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999.’’ EFFECTIVE DATE Pub. L. 99–145, title VI, § 653(b), Nov. 8, 1985, 99 Stat. 658, provided that: ‘‘Section 1094 of title 10, United States Code, as added by subsection (a), does not apply during the three-year period beginning on the date of the enactment of this Act [Nov. 8, 1985] with respect to the provision of health care by any person who on the date of the enactment of this Act is a member of the Armed Forces.’’ REGULATIONS Pub. L. 118–159, div. A, title VII, § 714(b), Dec. 23, 2024, 138 Stat. 1948, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall issue an interim final regulation to implement the amendments made by subsection (a) [amending this section].’’ Pub. L. 112–81, div. A, title VII, § 713(b), Dec. 31, 2011, 125 Stat. 1476, provided that: ‘‘The Secretary of Defense shall prescribe regulations to carry out the amend- ments made by this section [amending this section].’’ § 1094a. Continuing medical education require- ments: system for monitoring physician com- pliance The Secretary of Defense shall establish a mechanism for ensuring that each person under the jurisdiction of the Secretary of a military department who provides health care under this chapter as a physician satisfies the continuing medical education requirements applicable to the physician. (Added Pub. L. 105–261, div. A, title VII, § 734(b)(1), Oct. 17, 1998, 112 Stat. 2073.) Statutory Notes and Related Subsidiaries IMPLEMENTATION Pub. L. 105–261, div. A, title VII, § 734(c)(2), Oct. 17, 1998, 112 Stat. 2073, provided that: ‘‘The system required