
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1094]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 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 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) 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) 
may practice the health profession or professions of the health-care 
professional in any State, the District of Columbia, or a Commonwealth, 
territory, or possession of the United States, regardless of whether the 
practice occurs in a health care facility of the Department of Defense, 
a civilian facility affiliated with the Department of Defense, or any 
other location authorized by the Secretary of Defense.
    (2) A health-care professional referred to in paragraph (1) is a 
member of the armed forces 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.

    (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; 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, or nurse and any other person 
    providing direct patient care as may be designated by the Secretary 
    of Defense in regulations.

(Added Pub. L. 99-145, title VI, Sec. 653(a)(1), Nov. 8, 1985, 99 Stat. 
657; amended Pub. L. 99-661, div. A, title XIII, Sec. 1343(a)(5), Nov. 
14, 1986, 100 Stat. 3992; Pub. L. 101-189, div. A, title VI, 
Sec. 653(e)(1), title XVI, Sec. 1622(e)(3), Nov. 29, 1989, 103 Stat. 
1463, 1605; Pub. L. 105-85, div. A, title VII, Sec. 737, Nov. 18, 1997, 
111 Stat. 1814; Pub. L. 105-261, div. A, title VII, Sec. 734(a), Oct. 
17, 1998, 112 Stat. 2072.)


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-261 inserted at end ``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.''
    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, Sec. 653(e)(1), substituted 
``subsections (c) and (e) through (h)'' for ``subsections (b) and (d) 
through (g)''.
    Subsec. (d)(1). Pub. L. 101-189, Sec. 1622(e)(3)(A), substituted 
``The term `license'' for `` `License'' in introductory provisions.
    Subsec. (d)(2). Pub. L. 101-189, Sec. 1622(e)(3)(B), substituted 
``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).


                    Effective Date of 1998 Amendment

    Pub. L. 105-261, div. A, title VII, Sec. 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

    Section 653(b) of Pub. L. 99-145 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.''
