123STA T . 23 7 7 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(C)Subject t os ubsect i o n ( d ) , not la te r t h an each o f6m onths, 12 months, and 2 4 months after return from de p lo y ment . (2) EXCLUSION O F C ERTA IN M EM B ERS. —A mental health assessment is not re q uired for a member of the Armed F orces under subpara g raphs ( B ) and (C) of paragraph (1) if the Sec - retary determines that the member w as not subjected or e x posed to operational ris k factors during deployment in the contingency operation concerned. (b) P UR P OSE.— T he purpose of the mental health assessments pro v ided pursuant to this section shall be to identify post-traumatic stress disorder, suicidal tendencies, and other behavioral health conditions identified among members of the Armed Forces described in subsection (a) in order to determine which such members are in need of additional care and treatment for such health conditions. (c) ELEMENTS.— (1) I N G ENERAL.—The mental health assessments provided pursuant to this section shall— (A) be performed by personnel trained and certified to perform such assessments and may be performed 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 profes- sionals to perform higher priority tasks
(B) include a person-to-person dialogue between mem- bers of the Armed Forces described in subsection (a) and the professionals or personnel described by paragraph (1), 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; and ( D ) be provided in a consistent manner across the military departments. (2) TREATMENT OF CURRENT ASSESSMENTS.—The Secretary may treat periodic health assessments and other person-to- person assessments that are provided to members of the Armed Forces as of the date of the enactment of this Act 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) CESSATION OF ASSESSMENTS.— N o mental health assessment is required to be provided to an individual under subsection (a)(1)(C) after the individual ’ s discharge or release from the Armed Forces. (e) S H ARING OF INFORMATION.— (1) IN GENERAL.—The Secretary of Defense shall share with the Secretary of V eterans Affairs such information on members of the Armed Forces that is derived from confidential mental health assessments, including mental health assess- ments provided pursuant to this section and health assessments and other person-to-person assessments provided before the date of the enactment of this Act, as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appro- priate to ensure continuity of mental health care and treatment of members of the Armed Forces during their transition from health care and treatment provided by the Department of Deadlin e .
