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38 U.S.C. § 7402 — Qualifications of appointees
Federal law — U.S. Code and appendices · legal_authorities
**(a)** To be eligible for appointment to the positions in the Administration covered by subsection (b), a person must have the applicable qualifications set forth in that subsection.
**(b)**
(1) **Physician.—** — To be eligible to be appointed to a physician position, a person must—
(A) hold the degree of doctor of medicine or of doctor of osteopathy from a college or university approved by the Secretary,
(B) have completed an internship satisfactory to the Secretary, and
(C) be licensed to practice medicine, surgery, or osteopathy in a State.
(2) **Dentist.—** — To be eligible to be appointed to a dentist position, a person must—
(A) hold the degree of doctor of dental surgery or dental medicine from a college or university approved by the Secretary, and
(B) be licensed to practice dentistry in a State.
(3) **Nurse.—** — To be eligible to be appointed to a nurse position, a person must—
(A) have successfully completed a full course of nursing in a recognized school of nursing, approved by the Secretary, and
(B) be registered as a graduate nurse in a State.
(4) **Director of a Hospital, Domiciliary, Center, or Outpatient Clinic.—** — To be eligible to be appointed to a director position, a person must have such business and administrative experience and qualifications as the Secretary shall prescribe.
(5) **Podiatrist.—** — To be eligible to be appointed to a podiatrist position, a person must—
(A) hold the degree of doctor of podiatric medicine, or its equivalent, from a school of podiatric medicine approved by the Secretary, and
(B) be licensed to practice podiatry in a State.
(6) **Optometrist.—** — To be eligible to be appointed to an optometrist position, a person must—
(A) hold the degree of doctor of optometry, or its equival
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Source location: Title 38, Chapter 74, § 7402; chapter-074-veterans-health-administration-personnel.md
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**(a)** To be eligible for appointment to the positions in the Administration covered by subsection (b), a person must have the applicable qualifications set forth in that subsection.
**(b)**
(1) **Physician.—** — To be eligible to be appointed to a physician position, a person must—
(A) hold the degree of doctor of medicine or of doctor of osteopathy from a college or university approved by the Secretary,
(B) have completed an internship satisfactory to the Secretary, and
(C) be licensed to practice medicine, surgery, or osteopathy in a State.
(2) **Dentist.—** — To be eligible to be appointed to a dentist position, a person must—
(A) hold the degree of doctor of dental surgery or dental medicine from a college or university approved by the Secretary, and
(B) be licensed to practice dentistry in a State.
(3) **Nurse.—** — To be eligible to be appointed to a nurse position, a person must—
(A) have successfully completed a full course of nursing in a recognized school of nursing, approved by the Secretary, and
(B) be registered as a graduate nurse in a State.
(4) **Director of a Hospital, Domiciliary, Center, or Outpatient Clinic.—** — To be eligible to be appointed to a director position, a person must have such business and administrative experience and qualifications as the Secretary shall prescribe.
(5) **Podiatrist.—** — To be eligible to be appointed to a podiatrist position, a person must—
(A) hold the degree of doctor of podiatric medicine, or its equivalent, from a school of podiatric medicine approved by the Secretary, and
(B) be licensed to practice podiatry in a State.
(6) **Optometrist.—** — To be eligible to be appointed to an optometrist position, a person must—
(A) hold the degree of doctor of optometry, or its equivalent, from a school of optometry approved by the Secretary, and
(B) be licensed to practice optometry in a State.
(7) **Pharmacist.—** — To be eligible to be appointed to a pharmacist position, a person must—
(A) hold the degree of bachelor of science in pharmacy, or its equivalent, from a school of pharmacy, approved by the Secretary, and
(B) be registered as a pharmacist in a State.
(8) **Psychologist.—** — To be eligible to be appointed to a psychologist position, a person must—
(A) hold a doctoral degree in psychology from a college or university approved by the Secretary,
(B) have completed study for such degree in a specialty area of psychology and an internship which are satisfactory to the Secretary, and
(C) be licensed or certified as a psychologist in a State, except that the Secretary may waive the requirement of licensure or certification for an individual psychologist for a period not to exceed two years on the condition that that psychologist provide patient care only under the direct supervision of a psychologist who is so licensed or certified.
(9) **Social Worker.—** — To be eligible to be appointed to a social worker position, a person must—
(A) hold a master’s degree in social work from a college or university approved by the Secretary; and
(B) be licensed or certified to independently practice social work in a State, except that the Secretary may waive the requirement of licensure or certification for an individual social worker for a reasonable period of time recommended by the Under Secretary for Health.
(10) **Marriage and Family Therapist.—** — To be eligible to be appointed to a marriage and family therapist position, a person must—
(A) hold a master’s degree in marriage and family therapy, or a comparable degree in mental health, from a college or university approved by the Secretary; and
(B) be licensed or certified to independently practice marriage and family therapy in a State, except that the Secretary may waive the requirement of licensure or certification for an individual marriage and family therapist for a reasonable period of time recommended by the Under Secretary for Health.
(11) **Licensed Professional Mental Health Counselor.—** — To be eligible to be appointed to a licensed professional mental health counselor position, a person must—
(A) hold a master’s degree or doctoral degree in mental health counseling, or a related field, from a college or university approved by the Secretary; and
(B) be licensed or certified to independently practice mental health counseling.
(12) **Chiropractor.—** — To be eligible to be appointed to a chiropractor position, a person must—
(A) hold the degree of doctor of chiropractic, or its equivalent, from a college of chiropractic approved by the Secretary; and
(B) be licensed to practice chiropractic in a State.
(13) **Peer Specialist.—** — To be eligible to be appointed to a peer specialist position, a person must—
(A) be a veteran who has recovered or is recovering from a mental health condition; and
(B) be certified by—
(i) a not-for-profit entity engaged in peer specialist training as having met such criteria as the Secretary shall establish for a peer specialist position; or
(ii) a State as having satisfied relevant State requirements for a peer specialist position.
(14) **Other Health-Care Positions.—** — To be appointed as a physician assistant, expanded-function dental auxiliary, certified or registered respiratory therapist, licensed physical therapist, licensed practical or vocational nurse, occupational therapist, dietitian, microbiologist, chemist, biostatistician, medical technologist, dental technologist, hearing aid specialist, or other position, a person must have such medical, dental, scientific, or technical qualifications as the Secretary shall prescribe.
**(c)** Except as provided in [section 7407(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7407/a&num=0&edition=prelim), a person may not be appointed in the Administration to a position listed in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim) unless the person is a citizen of the United States.
**(d)** A person may not be appointed under [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim) to serve in the Administration in any direct patient-care capacity unless the Under Secretary for Health determines that the person possesses such basic proficiency in spoken and written English as will permit such degree of communication with patients and other health-care personnel as will enable the person to carry out the person’s health-care responsibilities satisfactorily. Any determination by the Under Secretary for Health under this subsection shall be in accordance with regulations which the Secretary shall prescribe.
**(e)** A person may not serve as Chief of Staff of a Department health-care facility if the person is not serving on a full-time basis.
**(f)** A person may not be employed in a position under subsection (b) (other than under paragraph (4) of that subsection) if—
(1) the person is or has been licensed, registered, or certified (as applicable to such position) in more than one State; and
(2) either—
(A) any of those States has terminated such license, registration, or certification for cause; or
(B) the person has voluntarily relinquished such license, registration, or certification in any of those States after being notified in writing by that State of potential termination for cause.
**(g)** The Secretary may enter into contracts with not-for-profit entities to provide—
(1) peer specialist training to veterans; and
(2) certification for veterans under subsection (b)(13)(B)(i).
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim)), 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 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 followin
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The remedy—
(A) against the United States provided by sections 1346(b) and 2672 of title 28, or
(B) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of title 28,
for damages for personal injury, including death, allegedly arising from malpractice or negligence of a health care employee of the Administration in furnishing health care or treatment while in the exercise of that employee’s duties in or for the Administration shall be exclusive of any other civil action or proceeding by reason of the same subject matter against the health care employee (or employee’s estate) whose act or omission gave rise to such claim.
(2) For purposes of paragraph (1), the term “health care employee of the Administration” means a physician, dentist, podiatrist, chiropractor, optometrist, nurse, physician assistant, expanded-function dental auxiliary, pharmacist, or paramedical (such as medical and dental technicians, nursing assistants, and therapists), or other supporting personnel.
**(b)** The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or such person’s estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person’s immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7316
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Demonstration Project Authorized.—** The Assistant Secretary for Veterans’ Employment and Training shall carry out a demonstration project on credentialing in accordance with this section for the purpose of facilitating the seamless transition of members of the Armed Forces from service on active duty to civilian employment.
**(b) Identification of Military Occupational Specialties and Associated Credentials and Licenses.—**
(1) The Assistant Secretary for Veterans’ Employment and Training shall, in consultation with the Assistant Secretary for Employment and Training, select not more than five military occupational specialties for purposes of the demonstration project. Each specialty so selected by the Assistant Secretary for Veterans’ Employment and Training shall require a skill or set of skills that is required for civilian employment in an industry with high growth or high worker demand.
(2) The Assistant Secretary shall enter into a contract with an appropriate entity representing a coalition of State governors to consult with appropriate Federal, State, and industry officials and identify requirements for credentials, certifications, and licenses that require a skill or set of skills required by a military occupational specialty selected under paragraph (1).
(3) The Assistant Secretary shall analyze the requirements identified under paragraph (2) to determine which requirements may be satisfied by the skills, training, or experience acquired by members of the Armed Forces with the military occupational specialties selected under paragraph (1).
**(c) Elimination of Barriers to Credentialing and Licensure.—** The Assistant Secretary shall cooperate with appropriate Federal, State, and industry officials to reduce or eliminate any barriers to providing a
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4114
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All Federal agencies shall furnish the Secretary such records, statistics, or information as the Secretary may deem necessary or appropriate in administering the provisions of this chapter, and shall otherwise cooperate with the Secretary in providing continuous employment and training opportunities for eligible veterans and eligible persons.
**(b)** For the purpose of assisting the Secretary and the Secretary of Veterans Affairs in identifying employers with potential job training opportunities under the Veterans’ Job Training Act (Public Law 98–77; [29 U.S.C. 1721](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1721&num=0&edition=prelim) note) 11 See References in Text note below. and otherwise in order to carry out this chapter, the Secretary of Defense shall, on the 15th day of each month, provide the Secretary and the Secretary of Veterans Affairs with updated information regarding any list maintained by the Secretary of Defense of employers participating in the National Committee for Employer Support of the Guard and Reserve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4105
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Federal law — U.S. Code and appendices · legal_authorities
An agreement between the Secretary and a participant in the Educational Assistance Program shall be in writing, shall be signed by the participant, and shall include the following provisions:
(1) The Secretary’s agreement—
(A) to provide the participant with educational assistance as authorized in subchapter II, III, V, VI, VIII, or IX of this chapter and specified in the agreement; and
(B) to afford the participant the opportunity for employment in the Veterans Health Administration (subject to the availability of appropriated funds for such purpose and other qualifications established in accordance with [section 7402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402&num=0&edition=prelim)).
(2) The participant’s agreement—
(A) to accept such educational assistance;
(B) to maintain enrollment and attendance in the course of training until completed;
(C) while enrolled in such course, to maintain an acceptable level of academic standing (as determined by the educational institution offering such course of training under regulations prescribed by the Secretary); and
(D) after completion of the course of training, to serve as a full-time employee in the Veterans Health Administration as specified in the agreement in accordance with subchapter II, III, V, VI, VIII, or IX of this chapter.
(3) A provision that any financial obligation of the United States arising out of an agreement entered into under this chapter, and any obligation of the participant which is conditioned on such agreement, is contingent upon funds being appropriated for educational assistance under this chapter.
(4) A statement of the damages to which the United States is entitled under this chapter for the participant’s breach of the agree
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7604
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Federal law — U.S. Code and appendices · legal_authorities
Page 1217
TITLE 38—VETERANS’ BENEFITS
§ 7402
LICENSED HEARING AID SPECIALISTS APPOINTMENT AND
SERVICES
Pub. L. 114–256, § 4(b), (c), Dec. 14, 2016, 130 Stat. 1347,
1348, provided that:
‘‘(b) REQUIREMENTS.—With respect to appointing
hearing aid specialists under sections 7401 and 7402 of
title 38, United States Code, as amended by subsection
(a), and providing services furnished by such special-
ists, the Secretary [of Veterans Affairs] shall ensure
that—
‘‘(1) a hearing aid specialist may only perform hear-
ing services consistent with the hearing aid special-
ist’s State license related to the practice of fitting
and dispensing hearing aids without excluding other
qualified professionals, including audiologists, from
rendering services in overlapping practice areas;
‘‘(2) services provided to veterans by hearing aid
specialists shall be provided as part of the non-med-
ical treatment plan developed by an audiologist; and
‘‘(3) the medical facilities of the Department of
Veterans Affairs provide to veterans access to the full
range of professional services provided by an audiol-
ogist.
‘‘(c) CONSULTATION.—In determining the qualifica-
tions required for hearing aid specialists and in car-
rying out subsection (b), the Secretary shall consult
with
veterans
service
organizations,
audiologists,
otolaryngologists, hearing aid specialists, and other
stakeholder and industry groups as the Secretary de-
termines appropriate.’’
PRIOR APPOINTMENTS OF CERTAIN PERSONNEL
Pub. L. 108–170, title III, § 301(a)(2), Dec. 6, 2003, 117
Stat. 2055, provided that: ‘‘Personnel appointed to the
Veterans Health Administration before the date of the
enactment of this Act [Dec. 6, 2003] who are in an occu-
pational category of employees specified in paragraph
(3) of
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7402
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