§ 1094. Licensure requirement for health-care professionals

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title VI § 653(a)(1) · 99 Stat. 583

   Enacted · 10 U.S.C. § 1094

   Added Pub. L. 99–145, title VI, § 653(a)(1), Nov. 8, 1985, 99 Stat. 657

   Source evidence

   Code source credit
   Added Pub. L. 99–145, title VI, § 653(a)(1), Nov. 8, 1985, 99 Stat. 657

   Enacted provision · exact public law section
   (1) Chapter 55 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 1094. Licensure requirement for health-care professionals “(a) (1) A person under the jurisdiction of the Secretary of a Prohibition. 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. “(2) The Secretary of Defense may waive paragraph (1) with respect to any person in unusual circumstances. The Secretary shall Regulation. 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 37 USC 801 et seq. subject to a civil money penalty of not more than $5,000. “(2) The provisions of subsections (b) and (d) through (g) 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) In this section: “(1) ‘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) ‘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.”.

2. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title XIII § 1343(a)(5) · 100 Stat. 3816

   Changed · 10 U.S.C. § 1094(d)(2)

   Pub. L. 99–661 realigned margin of par. (2) to conform to margin of par. (1)

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 99–661 realigned margin of par. (2) to conform to margin of par. (1).

   Enacted provision · exact public law section
   (5) Section 1094(d) is amended by realigning paragraph (2) so as to be indented two ems (rather than four ems).

3. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 653(e)(1) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 1094(c)(2)

   Pub. L. 101–189, § 653(e)(1), substituted “subsections (c) and (e) through (h)” for “subsections (b) and (d) through (g)”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 101–189, § 653(e)(1), substituted “subsections (c) and (e) through (h)” for “subsections (b) and (d) through (g)”.

   Enacted provision · exact public law section
   (1) Section 1094(c)(2) of title 10, United States Code, is amended by striking out “subsections (b) and (d) through (g)” and inserting in lieu thereof “subsections (c) and (e) through (h)”.

4. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 1622(e)(3)(A) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 1094(d)(1)

   Pub. L. 101–189, § 1622(e)(3)(A), substituted “The term ‘license” for “ ‘License” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 101–189, § 1622(e)(3)(A), substituted “The term ‘license” for “ ‘License” in introductory provisions.

   Enacted provision · exact public law section
   (A) by striking out “(1) ‘License’” and inserting in lieu thereof “(1) The term ‘license”; and

5. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 1622(e)(3)(B) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 1094(d)(2)

   Pub. L. 101–189, § 1622(e)(3)(B), substituted “The term ‘health-care” for “ ‘Health-care”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 101–189, § 1622(e)(3)(B), substituted “The term ‘health-care” for “ ‘Health-care”.

   Enacted provision · exact public law section
   (B) by striking out “(2) ‘Health-care” and inserting in lieu thereof “(2) The term ‘health-care’”.

6. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title VII § 737 · 111 Stat. 1629

   1. Added · 10 U.S.C. § 1094(d); 10 U.S.C. § 1094(e)

      Pub. L. 105–85 added subsec. (d)

   2. Redesignated · 10 U.S.C. § 1094(d); 10 U.S.C. § 1094(e)

      Pub. L. 105–85 redesignated former subsec. (d) as (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 105–85 added subsec. (d) and redesignated former subsec. (d) as (e).

   Enacted provision · exact public law section
   SEC. 737. PORTABILITY OF STATE LICENSES FOR DEPARTMENT OF DEFENSE HEALTH CARE PROFESSIONALS. Section 1094 of title 10, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: “(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”.

7. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 div. A title VII § 734(a) · 112 Stat. 1920

   Inserted · 10 U.S.C. § 1094(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) Requirement for Unrestricted License.— Section 1094(a)(1) of title 10, United States Code, is amended by adding at the end the following: “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”.

   Effective date note
   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.”

8. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title VII § 717(b) · 118 Stat. 1811

   Inserted · 10 U.S.C. § 1094(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,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (b) Applicability of Licensure Requirement for Health-Care Professionals.— Section 1094(e)(2) of title 10, United States Code, is amended by inserting “marriage and family therapist certified as such by a certification recognized by the Secretary of Defense,” after “psychologist,”.

9. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 § 713(1) · 124 Stat. 4137

   Inserted · 10 U.S.C. § 1094(d)(1)

   Pub. L. 111–383, § 713(1), inserted “or (3)” after “paragraph (2)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 111–383, § 713(1), inserted “or (3)” after “paragraph (2)”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by inserting “or (3)” after “paragraph (2)”;

10. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 § 713(2) · 124 Stat. 4137

    Inserted · 10 U.S.C. § 1094(d)(2)

    Pub. L. 111–383, § 713(2), inserted “as being described in this paragraph” after “paragraph (1)” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–383, § 713(2), inserted “as being described in this paragraph” after “paragraph (1)” in introductory provisions.

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting “as being described in this paragraph” after “paragraph (1)”; and

11. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 § 713(3) · 124 Stat. 4137

    Added · 10 U.S.C. § 1094(d)(3)

    Pub. L. 111–383, § 713(3), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 111–383, § 713(3), added par. (3).

    Enacted provision · exact public law section
    (3) by adding at the end the following new paragraph: “(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.” .

12. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 713(a)(1) · 125 Stat. 1298

    1. Inserted · 10 U.S.C. § 1094(d)(1)

       Pub. L. 112–81, § 713(a)(1), inserted “at any location” before “in any State”

    2. Substituted · 10 U.S.C. § 1094(d)(1)

       Pub. L. 112–81, § 713(a)(1), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by inserting “at any location” before “in any State”; and (B) by striking “regardless” and all that follows through the period at the end and inserting “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.”; and

13. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 713(a)(2) · 125 Stat. 1298

    Substituted · 10 U.S.C. § 1094(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “member of the armed forces” and inserting “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”.

14. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. A title VII § 718 · 136 Stat. 2395

    Inserted · 10 U.S.C. § 1094(d)(2)

    Pub. L. 117–263 inserted “contractor not covered under section 1091 of this title who is providing medical treatment as part of a mission relating to emergency, humanitarian, or refugee assistance,” after “section 1091 of this title,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 117–263 inserted “contractor not covered under section 1091 of this title who is providing medical treatment as part of a mission relating to emergency, humanitarian, or refugee assistance,” after “section 1091 of this title,” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN HEALTH-CARE PROFESSIONALS PROVIDING SERVICES AS PART OF MISSION RELATING TO EMERGENCY, HUMANITARIAN, OR REFUGEE ASSISTANCE.   Section 1094(d)(2) of title 10, United States Code, is amended by inserting “ contractor not covered under section 1091 of this title who is providing medical treatment as part of a mission relating to emergency, humanitarian, or refugee assistance,” after “section 1091 of this title,”.

15. 2024

    Pub. L. 118–159 § 714(a)(1) · 138 Stat. 1947

    Substituted · 10 U.S.C. § 1094(d)(1)

    Pub. L. 118–159, § 714(a)(1), substituted “paragraph (2), (3), or (4)” for “paragraph (2) or (3)”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 118–159, § 714(a)(1), substituted “paragraph (2), (3), or (4)” for “paragraph (2) or (3)”.

16. 2024

    Pub. L. 118–159 § 713 · 138 Stat. 1947

    Inserted · 10 U.S.C. § 1094(d)(2)

    Pub. L. 118–159, § 713, inserted “an examination or assessment under section 10206 of this title or” after “section 1091 of this title who is providing” in introductory provisions

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 118–159, § 713, inserted “an examination or assessment under section 10206 of this title or” after “section 1091 of this title who is providing” in introductory provisions.

17. 2024

    Pub. L. 118–159 § 714(a)(2) · 138 Stat. 1947

    Added · 10 U.S.C. § 1094(d)(4)

    Pub. L. 118–159, § 714(a)(2), added par. (4)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 118–159, § 714(a)(2), added par. (4).

18. 2025

    Pub. L. 119–60 § 716(1) · 139 Stat. 923

    Substituted · 10 U.S.C. § 1094(e)(1)(A)

    Pub. L. 119–60, § 716(1), substituted “, or the official agency of the government of a partner country; and” for “; and”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 119–60, § 716(1), substituted “, or the official agency of the government of a partner country; and” for “; and”.

19. 2025

    Pub. L. 119–60 § 716(2) · 139 Stat. 923

    Added · 10 U.S.C. § 1094(e)(3)

    Pub. L. 119–60, § 716(2), added par. (3)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 119–60, § 716(2), added par. (3).

16 of 21 references resolved to an enrolled provision · 5 unresolved