38 U.S.C. § 7401 - Appointments in Veterans Health Administration

• Cite as: 38 U.S.C. § 7401

There may be appointed by the Secretary such personnel as the Secretary may find necessary for the health care of veterans (in addition to those in the Office of the Under Secretary for Health appointed under section 7306 of this title), as follows:

(1) Physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries.

(2) Scientific and professional personnel, such as microbiologists, chemists, and biostatisticians.

(3) Audiologists, licensed hearing aid specialists, speech pathologists, and audiologist-speech pathologists, biomedical engineers, certified or registered respiratory therapists, dietitians, licensed physical therapists, licensed practical or vocational nurses, nurse assistants, medical instrument technicians, medical records administrators or specialists, medical records technicians, medical technologists, dental hygienists, dental assistants, nuclear medicine technologists, occupational therapists, occupational therapy assistants, kinesiotherapists, orthotist-prosthetists, pharmacists, pharmacy technicians, physical therapy assistants, prosthetic representatives, psychologists, diagnostic radiologic technologists, therapeutic radiologic technologists, social workers, marriage and family therapists, licensed professional mental health counselors, blind rehabilitation specialists, blind rehabilitation outpatient specialists, statisticians, economists, informaticists, data scientists, and and such other classes of health care occupations as the Secretary considers necessary for the recruitment and retention needs of the Department subject to the following requirements:

(A) Such other classes of health care occupations-

(i) are not occupations relating to administrative, clerical, or physical plant maintenance and protective services;

(ii) would otherwise receive basic pay in accordance with the General Schedule under section 5332 of title 5;

(iii) provide, as determined by the Secretary, direct patient care services or services incident to direct patient services; and

(iv) would not otherwise be available to provide medical care or treatment for veterans.

(B) Not later than 45 days before the Secretary appoints any personnel for a class of health care occupations that is not specifically listed in this paragraph, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and the Office of Management and Budget notice of such appointment.

(C) Before submitting notice under subparagraph (B), the Secretary shall solicit comments from any labor organization representing employees in such class and include such comments in such notice.

(4) Directors of medical centers and directors of Veterans Integrated Service Networks with demonstrated ability in the medical profession, in health care administration, or in health care fiscal management.

Cite as 38 U.S.C. § 7401

Source: Added Pub. L. 102-40, title IV, §401(b)(2), May 7, 1991, 105 Stat. 222; amended Pub. L. 102-405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 108-170, title III, §§301(a)(1), Dec. 6, 2003, 302, Dec. 6, 2003, 117 Stat. 2054, 2057; Pub. L. 108-422, title V, §502, Nov. 30, 2004, 118 Stat. 2396; Pub. L. 109-461, title II, §201(a), Dec. 22, 2006, 120 Stat. 3409; Pub. L. 111-163, title VI, §601(a), May 5, 2010, 124 Stat. 1167; Pub. L. 114-58, title VI, §601(23), Sept. 30, 2015, 129 Stat. 539; Pub. L. 114-256, §4(a)(1), Dec. 14, 2016, 130 Stat. 1347; Pub. L. 115-41, title II, §207(a), June 23, 2017, 131 Stat. 877; Pub. L. 117-328, div. U, title I, §183, Dec. 29, 2022, 136 Stat. 5436.

current through 5/23/2023

EDITORIAL NOTES

PRIOR PROVISIONS

Provisions similar to those in this section were contained in section 4104 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40.

AMENDMENTS

2022-Par. (3). Pub. L. 117-328 inserted "statisticians, economists, informaticists, data scientists, and" after "blind rehabilitation outpatient specialists,".

2017-Par. (4). Pub. L. 115-41 added par. (4).

2016-Par. (3). Pub. L. 114-256 inserted "licensed hearing aid specialists," after "Audiologists," in introductory provisions.

2015-Par. (3)(A)(ii). Pub. L. 114-58 struck out "that" before "would otherwise receive".

2010-Par. (3). Pub. L. 111-163 inserted "nurse assistants," after "licensed practical or vocational nurses,", substituted "blind rehabilitation outpatient specialists, and such other classes of health care occupations as the Secretary considers necessary for the recruitment and retention needs of the Department subject to the following requirements:" for "and blind rehabilitation outpatient specialists.", and added subpars. (A) to (C).

2006-Par. (3). Pub. L. 109-461 inserted "marriage and family therapists, licensed professional mental health counselors," after "social workers,".

2004-Par. (3). Pub. L. 108-422 substituted "technologists, dental hygienists, dental assistants" for "and dental technologists" and "technologists, therapeutic radiologic technologists, social workers, blind rehabilitation specialists, and blind rehabilitation outpatient specialists" for "technicians, therapeutic radiologic technicians, and social workers".

2003- Pub. L. 108-170, §302(a)(1), substituted "health" for "medical" in introductory provisions.

Par. (1). Pub. L. 108-170, §302(a)(2), inserted "chiropractors," after "podiatrists,".

Par. (2). Pub. L. 108-170, §301(a)(1)(A), added par. (2) and struck out former par. (2) which read as follows: "Psychologists (other than those described in paragraph (3)), dietitians, and other scientific and professional personnel, such as microbiologists, chemists, biostatisticians, and medical and dental technologists."

Par. (3). Pub. L. 108-170, §301(a)(1)(B), added par. (3) and struck out former par. (3) which read as follows: "Clinical or counseling psychologists who hold diplomas as diplomates in psychology from an accrediting authority approved by the Secretary, certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, and occupational therapists."

1992- Pub. L. 102-405 substituted "Under Secretary for Health" for "Chief Medical Director".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2003 AMENDMENT

Amendment by section 302(a) of Pub. L. 108-170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170 set out as a note under section 7316 of this title.

THIRD PARTY REVIEW OF APPOINTEES IN VETERANS HEALTH ADMINISTRATION WHO HAD A LICENSE TERMINATED FOR CAUSE AND NOTICE TO INDIVIDUALS TREATED BY THOSE APPOINTEES IF DETERMINED THAT AN EPISODE OF CARE OR SERVICES THAT THEY RECEIVED WAS BELOW THE STANDARD OF CARE

Pub. L. 117-328, div. U, title I, §111, Dec. 29, 2022, 136 Stat. 5410, provided that:

"(a) THIRD PARTY REVIEW.-

"(1) IN GENERAL.-Not later than 180 days after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall enter into a contract or other agreement with an organization that is not part of the Federal Government to conduct a clinical review for quality management of hospital care or medical services furnished by covered providers.

"(2) QUALIFICATIONS.-The Secretary shall ensure that each review of a covered provider under this subsection is performed by an individual who is licensed in the same specialty as the covered provider.

"(b) NOTICE TO PATIENTS TREATED BY COVERED PROVIDERS.-With respect to hospital care or medical services furnished by a covered provider under the laws administered by the Secretary, if a clinical review for quality management under subsection (a) determines that the standard of care was not met during an episode of care, the Secretary shall notify the individual who received such care or services from the covered provider as described in applicable policy of the Veterans Heath Administration.