§ 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), (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 , contractor not covered under section 1091 of this title who is providing an examination 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 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.
  • (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 , 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.