Approved by the Board: February 9-11, 1998 Board meeting
Service Area: Licensure, Physicians
Subject: Military Limited Licenses, Abrogation of
The Board has abrogated its policy and procedures regarding limited licenses for military personnel as a result of federal preemption. The purpose of issuing military limited licenses was to provide licensure and regulation for physicians in situations where the military services made external partnership agreements with hospitals or other medical institutions to deploy medical officers to practice medicine within the scope of their official duties beyond the bounds of federal enclaves. The 1998 Defense Authorization Act, Public Law 105-85, amended federal law, 10 U.S.C. § 1094 d)(1), to read as follows:
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.
The Board therefore no longer requires nor issues military limited licenses, since the federal government has preempted the states under the Supremacy Clause of the U.S. Constitution. Those presently holding such licenses need not renew them.