(a) The Act defines ``health care provider'' as:
(1) A doctor of medicine or osteopathy who is authorized to practice
medicine or surgery (as appropriate) by the State in which the doctor
practices; or
(2) Any other person determined by the Secretary to be capable of
providing health care services.
(b) Others ``capable of providing health care services'' include
only:
(1) Podiatrists, dentists, clinical psychologists, optometrists, and
chiropractors (limited to treatment consisting of manual manipulation of
the spine to correct a subluxation as demonstrated by X-ray to exist)
authorized to practice in the State and performing within the scope of
their practice as defined under State law;
(2) Nurse practitioners, nurse-midwives and clinical social workers
who are authorized to practice under State law and who are performing
within the scope of their practice as defined under State law;
(3) Christian Science practitioners listed with the First Church of
Christ, Scientist in Boston, Massachusetts. Where an employee or family
member is receiving treatment from a Christian Science practitioner, an
employee may not object to any requirement from an employer that the
employee or family member submit to examination (though not treatment)
to obtain a second or third certification from a health care provider
other than a Christian Science practitioner except as otherwise provided
under applicable State or local law or collective bargaining agreement.
(4) Any health care provider from whom an employer or the employer's
group health plan's benefits manager will accept certification of the
existence of a serious health condition to substantiate a claim for
benefits; and
(5) A health care provider listed above who practices in a country
other than the United States, who is authorized to practice in
accordance with the law of that country, and who is performing within
the scope of his or her practice as defined under such law.
(c) The phrase ``authorized to practice in the State'' as used in
this section means that the provider must be authorized to diagnose and
treat physical or mental health conditions without supervision by a
doctor or other health care provider.