§ 7401. Appointments in Veterans Health Administration

§ 7401. Appointments in Veterans Health Administration

(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 11 So in original. 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.

(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), 302(a), 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.)

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,” in introductory provisions.

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. “(c) Definitions.—In this section:“(1) Covered provider.—The term ‘covered provider’ means an individual who—“(A) was appointed to the Veterans Health Administration under section 7401 of title 38, United States Code; and “(B) before such appointment, had a license terminated for cause by a State licensing board for hospital care or medical services provided in a facility that is not a facility of the Veterans Health Administration. “(2) Hospital care or medical services.—The terms ‘hospital care’ and ‘medical services’ have the meanings given those terms in section 1701 of title 38, United States Code.”

Modification of Resource Allocation System To Include Peer Specialists

Pub. L. 117–328, div. U, title I, § 192, Dec. 29, 2022, 136 Stat. 5439, provided that: “(a) In General.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall modify the Veterans Equitable Resource Allocation system, or successor system, to ensure that resource allocations under such system, or successor system, include peer specialists appointed under section 7402(b)(13) of title 38, United States Code. “(b) Veterans Equitable Resource Allocation System Defined.—In this section, the term ‘Veterans Equitable Resource Allocation system’ means the resource allocation system established pursuant to section 429 of the Departments of Veterans Affairs and House and Urban Development, and Independent Agencies Appropriations Act, 1997 [probably means section 429 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, which is not classified to the Code] (Public Law 104–204; 110 Stat. 2929).”

Expansion of Mental Health Training for Department of Veterans Affairs

Pub. L. 117–328, div. V, title I, § 103, Dec. 29, 2022, 136 Stat. 5500, provided that: “(a) In General.—Not later than three years after the date of the enactment of this Act [Dec. 29, 2022] and subject to the availability of appropriations, the Secretary of Veterans Affairs, in collaboration with the Office of Mental Health and Suicide Prevention and the Office of Academic Affiliations, shall add an additional 250 paid trainee slots in covered mental health disciplines to the workforce of the Department of Veterans Affairs. “(b) Covered Mental Health Disciplines Defined.—In this section, the term ‘covered mental health disciplines’ means psychiatry, psychology, advanced practice nursing (with a focus on mental health or substance use disorder), social work, licensed professional mental health counseling, and marriage and family therapy.”

Outreach

Pub. L. 117–328, div. V, title I, § 104(c), Dec. 29, 2022, 136 Stat. 5501, provided that: “(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the Secretary shall develop a public awareness campaign to encourage veterans and mental health professionals to choose the Department for their mental health career. “(2) Elements.—The campaign required under paragraph (1)—“(A) shall advertise the paid trainee, scholarship, and loan repayment opportunities offered by the Department; and “(B) may highlight the new graduate medical education residencies available at the Department for medical students entering residency.”

National Rural Recruitment and Hiring Plan for Veterans Health Administration

Pub. L. 117–168, title IX, § 901, Aug. 10, 2022, 136 Stat. 1808, provided that: “(a) In General.—Not later than 18 months after the date of the enactment of this Act [Aug. 10, 2022], the Secretary of Veterans Affairs, in collaboration with the directors of each community-based outpatient clinic and medical center of the Department of Veterans Affairs, shall develop and implement a national rural recruitment and hiring plan for the Veterans Health Administration to—“(1) recruit health care professionals for rural and highly rural community-based outpatient clinics and rural and highly rural medical centers of the Department; “(2) determine which such clinics or centers have a staffing shortage of health care professionals; “(3) develop best practices and techniques for recruiting health care professionals for such clinics and centers; “(4) not less frequently than annually, provide virtually based, on-demand training to human resources professionals of the Veterans Health Administration on the best practices and techniques developed under paragraph (3); and “(5) provide recruitment resources, such as pamphlets and marketing material to—“(A) Veterans Integrated Service Networks of the Department; “(B) rural and highly rural community-based outpatient clinics of the Department; and “(C) rural and highly rural medical centers of the Department. “(b) Annual Report.—Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes—“(1) the plan developed and implemented under subsection (a); and “(2) an assessment of the outcomes related to recruitment and retention of employees of the Veterans Health Administration at rural and highly rural facilities of the Department. “(c) Definitions.—In this section, the terms ‘rural’ and ‘highly rural’ have the meanings given those terms under the rural-urban commuting areas coding system of the Department of Agriculture.”

Authority To Buy Out Service Contracts for Certain Health Care Professionals in Exchange for Employment at Rural or Highly Rural Facilities of Department of Veterans Affairs