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14 U.S.C. § 2516 — Members asserting post-traumatic stress disorder or traumatic brain injury

submitted 4 years ago by Pub. L. 117-263 to r/title-14-COAST-GUARD · 657 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Coast Guard must provide specified medical examinations to members alleging or diagnosed with post-traumatic stress disorder, traumatic brain injury, or certain disorders. It also requires review before some administrative separations and notice of examination rights.

(a) Medical examination required. (1) The Secretary must ensure that a Coast Guard member who performed Coast Guard operations described in section 102 and is diagnosed by an appropriate licensed or certified health professional with post-traumatic stress disorder or traumatic brain injury—or who otherwise alleges, based on that service, signs and symptoms of either condition—gets a medical examination to evaluate that diagnosis. (2) A member sexually assaulted during the previous five years who alleges signs and symptoms of a diagnosable mental, behavioral, or emotional disorder described in the latest edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (this section does not define that quoted title) (A) must be allowed to request an examination to clinically evaluate the signs and symptoms, and (B) must receive an examination to evaluate post-traumatic stress disorder, traumatic brain injury, or such a diagnosable disorder. (3) A member covered by this subsection may not be administratively separated under conditions other than honorable, including separation instead of a court-martial, until the appropriate authorities designated by the Secretary to evaluate, review, and approve the separation case have reviewed the examination results. (4) For a case involving post-traumatic stress disorder or a diagnosable mental, behavioral, or emotional disorder, the examination must be performed by (A) a board-certified psychiatrist, (B) a licensed doctorate-level psychologist, (C) another appropriate licensed or certified health professional the Commandant designates, or (D) a psychiatry resident or board-eligible psychologist who (i) completed a one-year internship or residency and (ii) works under the close supervision of a board-certified psychiatrist or licensed doctorate-level psychologist. (5) For a traumatic-brain-injury case, the examination must be performed by a physiatrist, psychiatrist, neurosurgeon, or neurologist.

(b) Purpose of medical examination. The examination must assess whether effects of mental or neurocognitive disorders—including post-traumatic stress disorder, traumatic brain injury, or a diagnosable mental, behavioral, or emotional disorder—are matters that lessen or explain the reasons for an other-than-honorable administrative separation or the member's overall other-than-honorable service characterization.

(c) Inapplicability to proceedings under Uniform Code of Military Justice. This section's examination and procedures do not apply to courts-martial or other proceedings under the Uniform Code of Military Justice.

(d) Repealed. This subsection has been repealed.

(e) Notification of right to request medical examination. (1) When a Coast Guard member receives notice of involuntary administrative separation, the member must be told at that time about the right to request a subsection (a) examination if a listed condition applies. (2) The Commandant must (A) create and issue a clear policy for this notice for a member who made an unrestricted sexual-assault report, and (B) give Coast Guard sexual-assault response coordinators information about the policy so they can communicate it to members who may qualify for an examination.

the actual law source: uscode.house.gov ↗public domain
(a)Medical Examination Required.—
(1)In general.—

The Secretary shall ensure that a member of the Coast Guard who has performed Coast Guard operations described in section 102, and who is diagnosed by an appropriate licensed or certified healthcare professional as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise alleges, based on the service of the member the signs and symptoms of either such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.

(2)Mental, behavioral, or emotional disorder.—

A member of the Coast Guard who has been sexually assaulted during the preceding 5-year period and who alleges, based on such sexual assault, the signs and symptoms of a diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association—

(A)

is provided the opportunity to request a medical examination to clinically evaluate such signs and symptoms; and

(B)

receives such a medical examination to evaluate a diagnosis of post-traumatic stress disorder, traumatic brain injury, or diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(3)Restriction on administrative separation.—

A member described in this subsection shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of a court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary.

(4)Post-traumatic stress disorder.—

In a case involving post-traumatic stress disorder or a diagnosable mental, behavioral, or emotional disorder under this subsection, a medical examination shall be performed by—

(A)

a board-certified psychiatrist;

(B)

a licensed doctorate-level psychologist;

(C)

any other appropriate licensed or certified healthcare professional designated by the Commandant; or

(D)

a psychiatry resident or board-eligible psychologist who—

(i)

has completed a 1-year internship or residency; and

(ii)

is under the close supervision of a board-certified psychiatrist or licensed doctorate-level psychologist.

(5)Traumatic brain injury.—

In a case involving traumatic brain injury under this subsection, a medical examination shall be performed by a physiatrist, psychiatrist, neurosurgeon, or neurologist.

(b)Purpose of Medical Examination.—

The medical examination required under subsection (a) shall assess whether the effects of mental or neurocognitive disorders, including post-traumatic stress disorder and traumatic brain injury or a diagnosable mental, behavioral, or emotional disorder, constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of the service of the member as other than honorable.

(c)Inapplicability to Proceedings Under Uniform Code of Military Justice.—

The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice.

[(d)

Repealed. Pub. L. 119–60, div. G, title LXXII, § 7201(k)(1)(B), Dec. 18, 2025, 139 Stat. 1687.]

(e)Notification of Right to Request Medical Examination.—
(1)In general.—

Any member of the Coast Guard who receives a notice of involuntary administrative separation shall be advised at the time of such notice of the right of the member to request a medical examination under subsection (a) if any condition described in such subsection applies to the member.

(2)Policy.—

The Commandant shall—

(A)

develop and issue a clear policy for carrying out the notification required under paragraph (1) with respect to any member of the Coast Guard described in that paragraph who has made an unrestricted report of sexual assault; and

(B)

provide information on such policy to sexual assault response coordinators of the Coast Guard for the purpose of ensuring that such policy is communicated to members of the Coast Guard who may be eligible for a medical examination under this section.

Source credit: (Added Pub. L. 117–263, div. K, title CXIV, § 11410(a), Dec. 23, 2022, 136 Stat. 4116; amended Pub. L. 119–60, div. G, title LXXII, §§ 7201(k)(1), 7227, Dec. 18, 2025, 139 Stat. 1687, 1705.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-263 · 136 Stat. 4116
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1687, 1705

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-263 on 2022-12-23.

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