(d)
(1) Notwithstanding any law regarding the licensure of health care providers, a health-care professional described in paragraph (2) or (3) 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, 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 in response to an actual or potential disaster.
Amendments
2011—Subsec. (d)(1). Pub. L. 112–81, § 713(a)(1), inserted “at any location” before “in any State” and substituted “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.” 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 Defense, or any other location authorized by the Secretary of Defense.”
Pub. L. 111–383, § 713(1), inserted “or (3)” after “paragraph (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 introductory provisions.
Subsec. (d)(3). Pub. L. 111–383, § 713(3), added par. (3).
2004—Subsec. (e)(2). Pub. L. 108–375 inserted “marriage and family therapist certified as such by a certification 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 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, § 653(e)(1), substituted “subsections (c) and (e) through (h)” for “subsections (b) and (d) through (g)”.
Subsec. (d)(1). Pub. L. 101–189, § 1622(e)(3)(A), substituted “The term ‘license” for “ ‘License” in introductory provisions.
Subsec. (d)(2). Pub. L. 101–189, § 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, § 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. 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 amendments made by this section [amending this section].”