38 U.S.C. § 7407 — Administrative provisions for section 7405

Page 1226 TITLE 38—VETERANS’ BENEFITS § 7407 qualified persons to such positions without re- gard to civil service or classification laws, rules, or regulations. (2) For the purposes of this section: (A) The term ‘‘internship’’ includes the equivalency of an internship as determined in accordance with regulations which the Sec- retary shall prescribe. (B) The term ‘‘intern’’ means a person serv- ing an internship. (b) The Secretary may prescribe the condi- tions of employment of persons appointed under this section, including necessary training, and the customary amount and terms of pay for such positions during the period of such employment and training. The amount and terms of such pay may be established retroactively based on changes in such customary amount and terms. (c)(1) In order to carry out more efficiently the provisions of subsection (a)(1), the Secretary may contract with one or more hospitals, med- ical schools, or medical installations having hospital facilities and participating with the De- partment in the training of interns or residents to provide, by the designation of one such insti- tution to serve as a central administrative agen- cy, for the central administration— (A) of stipend payments; (B) provision of fringe benefits; and (C) maintenance of records for such interns and residents. (2) The Secretary may pay to such designated agency, without regard to any other law or regu- lation governing the expenditure of Government moneys either in advance or in arrears, an amount to cover the cost for the period such in- tern or resident serves in a Department facility furnishing hospital care or medical services of— (A) stipends fixed by the Secretary pursuant to paragraph (1); (B) hospitalization, medical care, and life in- surance and any other employee benefits as are agreed upon by the participating institu- tions for the period that such intern or resi- dent serves in a Department facility fur- nishing hospital care or medical services; (C) tax on employers pursuant to chapter 21 of the Internal Revenue Code of 1986, where ap- plicable; and (D) an amount to cover a pro rata share of the cost of expense of such central administra- tive agency. (3)(A) Any amounts paid by the Secretary to such central administrative agency to cover the cost of hospitalization, medical care, or life in- surance or other employee benefits shall be in lieu of any benefits of like nature to which such intern or resident may be entitled under the provisions of title 5, and the acceptance of sti- pends and employee benefits from the des- ignated central administrative agency shall con- stitute a waiver by the recipient of any claim such recipient might have to any payment of stipends or employee benefits to which such re- cipient may be entitled under this title or title 5. (B) Notwithstanding subparagraph (A), any pe- riod of service of any such intern or resident in a Department facility furnishing hospital care or medical services shall be deemed creditable service for the purposes of section 8332 of title 5. (4) The agreement with such central adminis- trative agency may further provide that the des- ignated central administrative agency shall— (A) make all appropriate deductions from the stipend of each intern and resident for local, State, and Federal taxes; (B) maintain all records pertinent to such deductions and make proper deposits of such deductions; and (C) maintain all records pertinent to the leave accrued by such intern and resident for the period during which such recipient serves in a participating facility, including a Depart- ment facility furnishing hospital care or med- ical services. (5) Leave described in paragraph (4)(C) may be pooled, and the intern or resident may be af- forded leave by the facility in which such person is serving at the time the leave is to be used to the extent of such person’s total accumulated leave, whether or not earned at the facility in which such person is serving at the time the leave is to be afforded. (Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 227; amended Pub. L. 104–262, title III, § 345, Oct. 9, 1996, 110 Stat. 3208.) Editorial Notes REFERENCES IN TEXT Chapter 21 of the Internal Revenue Code of 1986, re- ferred to in subsec. (c)(2)(C), is classified to chapter 21 (§ 3101 et seq.) of Title 26, Internal Revenue Code. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4114(b) of this title prior to the repeal of that section as part of the complete revision of chap- ter 73 of this title by Pub. L. 102–40. AMENDMENTS 1996—Subsec. (c)(2), (3)(B). Pub. L. 104–262, § 345(1), substituted ‘‘Department facility furnishing hospital care or medical services’’ for ‘‘Department hospital’’ wherever appearing. Subsec. (c)(4)(C). Pub. L. 104–262, § 345(2), substituted ‘‘participating facility’’ for ‘‘participating hospital’’. Pub. L. 104–262, § 345(1), substituted ‘‘Department fa- cility furnishing hospital care or medical services’’ for ‘‘Department hospital’’. Subsec. (c)(5). Pub. L. 104–262, § 345(3), substituted ‘‘fa- cility’’ for ‘‘hospital’’ in two places. Statutory Notes and Related Subsidiaries TRAINING IN TELEMEDICINE Pub. L. 112–154, title I, § 108(b), Aug. 6, 2012, 126 Stat. 1174, provided that: ‘‘(1) IN GENERAL.—The Secretary of Veterans Affairs shall, to the extent feasible, offer medical residents op- portunities in training in telemedicine for medical resi- dency programs. The Secretary shall consult with the Accreditation Council for Graduate Medical Education and with universities with which facilities of the De- partment have a major affiliation to determine the fea- sibility and advisability of making telehealth a manda- tory component of medical residency programs. ‘‘(2) TELEMEDICINE DEFINED.—In this subsection, the term ‘telemedicine’ means the use by a health care pro- vider of telecommunications to assist in the diagnosis or treatment of a patient’s medical condition.’’ § 7407. Administrative provisions for section 7405 and 7406 appointments (a) When the Under Secretary for Health de- termines that it is not possible to recruit quali- Page 1227 TITLE 38—VETERANS’ BENEFITS § 7409 fied citizens for the necessary services, appoint- ments under sections 7405 and 7406 of this title may be made without regard to the citizenship requirements of section 7402(c) of this title or of any other law prohibiting the employment of, or payment of compensation to, a person who is not a citizen of the United States. (b)(1) Subject to paragraph (2), the Under Sec- retary for Health may waive for the purpose of the appointment of an individual under section 7405 or 7406 of this title the requirements set forth in section 7402(b) of this title— (A) that a physician, dentist, psychologist, optometrist, registered nurse, practical or vo- cational nurse, or physical therapist be li- censed or certified, as appropriate; (B) that the licensure or certification of such an individual be in a State; and (C) that a psychologist have completed an internship. (2) The waivers authorized in paragraph (1) may be granted— (A) in the case of clauses (A) and (C) of such paragraph, if the individual (i) will be em- ployed to conduct research or serve in an aca- demic position, and (ii) will have no responsi- bility for furnishing direct patient care serv- ices; and (B) in the case of clause (B) of such para- graph, if the individual will be employed to serve in a country other than the United States and the individual’s licensure or reg- istration is in the country in which the indi- vidual is to serve. (c) The program of training prescribed by the Secretary in order to qualify a person for the po- sition of full-time physician assistant or ex- panded-function dental auxiliary shall be con- sidered a full-time institutional program for purposes of chapter 34 of this title. The Sec- retary may consider training for such a position to be on a less than full-time basis for purposes of such chapter when the combined classroom (and other formal instruction) portion of the program and the on-the-job training portion of the program total less than 30 hours per week. (d) A person may not be appointed under sec- tion 7405 or 7406 of this title to an occupational category described in section 7401(1) of this title or in section 7406 of this title unless the person meets the requirements established in section 7402(d) of this title and regulations prescribed under that section. (e) In accordance with the provisions of sec- tion 7425(b) of this title, the provisions of chap- ter 34 of title 5 pertaining to part-time career employment shall not apply to part-time ap- pointments under sections 7405 and 7406 of this title. (Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 228; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4114(c)–(g) of this title prior to the re- peal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40. AMENDMENTS 1992—Subsecs. (a), (b)(1). Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Direc- tor’’. § 7408. Appointment of additional employees (a) There shall be appointed by the Secretary under civil service laws, rules, and regulations, such additional employees, other than those provided in section 7306 and paragraphs (1) and (3) of section 7401 of this title and those specified in sections 7405 and 7406 of this title, as may be necessary to carry out the provisions of this chapter. (b) The Secretary, after considering an indi- vidual’s existing pay, higher or unique qualifica- tions, or the special needs of the Department, may appoint the individual to a position in the Administration providing direct patient-care services or services incident to direct patient- services at a rate of pay above the minimum rate of the appropriate grade. (Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 229; amended Pub. L. 103–446, title XII, § 1201(e)(21), Nov. 2, 1994, 108 Stat. 4686.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4111 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 1994—Subsec. (a). Pub. L. 103–446 substituted ‘‘civil service’’ for ‘‘civil-service’’. § 7409. Contracts for scarce medical specialist services (a) The Secretary may enter into contracts with institutions and persons described in sub- section (b) to provide scarce medical specialist services at Department facilities. Such services may include the services of physicians, dentists, podiatrists, optometrists, chiropractors, nurses, physician assistants, expanded-function dental auxiliaries, technicians, and other medical sup- port personnel. (b) Institutions and persons with whom the Secretary may enter into contracts under sub- section (a) are the following: (1) Schools and colleges of medicine, osteop- athy, dentistry, podiatry, optometry, and nursing. (2) Clinics. (3) Any other group or individual capable of furnishing such scarce medical specialist serv- ices. (Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 229; amended Pub. L. 108–170, title III, § 302(f), Dec. 6, 2003, 117 Stat. 2058.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4117 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.