2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 55 - MEDICAL AND DENTAL CARE (§§ 1071 - 1110b)
Section 1074m - Mental health assessments for members of the armed forces deployed in support of a contingency...
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 55 - MEDICAL AND DENTAL CARE Sec. 1074m - Mental health assessments for members of the armed forces deployed in support of a contingency operation |
Contains | section 1074m |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 112-81, div. A, title VII, §702(a)(1), Dec. 31, 2011, 125 Stat. 1469. |
Statutes at Large References | 122 Stat. 443 125 Stat. 1469, 1471 |
Public Law References | Public Law 110-181, Public Law 112-81 |
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(a)
(A) Once during the period beginning 120 days before the date of the deployment.
(B) Once during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date.
(C) Subject to subsection (d), not later than once during each of—
(i) the period beginning 180 days after the date of redeployment from the contingency operation and ending one year after such redeployment date; and
(ii) the period beginning 18 months after such redeployment date and ending 30 months after such redeployment date.
(2) A mental health assessment is not required for a member of the armed forces under subparagraph 1 (B) and (C) of paragraph (1) if the Secretary determines that—
(A) the member was not subjected or exposed to operational risk factors during deployment in the contingency operation concerned; or
(B) providing such assessment to the member during the time periods under such subparagraphs would remove the member from forward deployment or put members or operational objectives at risk.
(b)
(c)
(A) be performed by personnel trained and certified to perform such assessments and may be performed—
(i) by licensed mental health professionals if such professionals are available and the use of such professionals for the assessments would not impair the capacity of such professionals to perform higher priority tasks; and
(ii) by personnel at private facilities in accordance with section 1074(c) of this title;
(B) include a person-to-person dialogue between members described in subsection (a) and the professionals or personnel described by subparagraph (A), as applicable, on such matters as the Secretary shall specify in order that the assessments achieve the purpose specified in subsection (b) for such assessments;
(C) be conducted in a private setting to foster trust and openness in discussing sensitive health concerns;
(D) be provided in a consistent manner across the military departments; and
(E) include a review of the health records of the member that are related to each previous deployment of the member or other relevant activities of the member while serving in the armed forces, as determined by the Secretary.
(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.
(d)
(e)
(2) Any sharing of information under paragraph (1) shall occur pursuant to a protocol jointly established by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this subsection. Any such protocol shall be consistent with the following:
(A) Applicable provisions of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note), including section 1614 of such Act (122 Stat. 443; 10 U.S.C. 1071 note).
(B) Section 1720F of title 38.
(3) Before each mental health assessment is conducted under subsection (a), the Secretary of Defense shall ensure that the member is notified of the sharing of information with the Secretary of Veterans Affairs under this subsection.
(f)
(2) Not later than 270 days after the date of the issuance of the regulations prescribed under paragraph (1), the Secretary shall notify the congressional defense committees of the implementation of the regulations by the military departments.
(Added Pub. L. 112–81, div. A, title VII, §702(a)(1), Dec. 31, 2011, 125 Stat. 1469.)
References in TextThe date of the enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 112–81, which was approved Dec. 31, 2011.
RegulationsPub. L. 112–81, div. A, title VII, §702(a)(3), Dec. 31, 2011, 125 Stat. 1471, provided that: “The Secretary of Defense shall prescribe an interim final rule with respect to the amendment made by paragraph (1) [enacting this section], effective not later than 90 days after the date of the enactment of this Act [Dec. 31, 2011].”
1 So in original. Probably should be “subparagraphs”.
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