38 U.S.C. § 7412 — Annual determination of staffing short-

Page 1228 TITLE 38—VETERANS’ BENEFITS § 7410 1 So in original. AMENDMENTS 2003—Subsec. (a). Pub. L. 108–170 inserted ‘‘chiroprac- tors,’’ after ‘‘optometrists,’’ in second sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by 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. § 7410. Additional pay authorities (a) IN GENERAL.—(1) The Secretary may au- thorize the Under Secretary for Health to pay advance payments, recruitment or relocation bonuses, and retention allowances to personnel appointed under section 7306 of this title or sec- tion 7401(4) of this title, or personnel described in section 7401(1) of this title,,1 or interview ex- penses to candidates for appointment as such personnel, in a manner consistent with the au- thority provided under sections 5524a, 5706b, 5753, and 5754 of title 5. (2) Payments under paragraph (1) shall not be considered in calculating the limitation under section 7431(e)(4) of this title. (b) SPECIAL INCENTIVE PAY FOR DEPARTMENT PHARMACIST EXECUTIVES.—(1) In order to recruit and retain highly qualified Department phar- macist executives, the Secretary may authorize the Under Secretary for Health to pay special incentive pay of not more than $40,000 per year to an individual of the Veterans Health Admin- istration who is a pharmacist executive. (2) In determining whether and how much spe- cial pay to provide to such individual, the Under Secretary shall consider the following: (A) The grade and step of the position of the individual. (B) The scope and complexity of the position of the individual. (C) The personal qualifications of the indi- vidual. (D) The characteristics of the labor market concerned. (E) Such other factors as the Secretary con- siders appropriate. (3) Special incentive pay under paragraph (1) for an individual is in addition to all other pay (including basic pay) and allowances to which the individual is entitled. (4) Except as provided in paragraph (5), special incentive pay under paragraph (1) for an indi- vidual shall be considered basic pay for all pur- poses, including retirement benefits under chap- ters 83 and 84 of title 5, and other benefits. (5) Special incentive pay under paragraph (1) for an individual shall not be considered basic pay for purposes of adverse actions under sub- chapter V of this chapter. (6) Special incentive pay under paragraph (1) may not be awarded to an individual in an amount that would result in an aggregate amount of pay (including bonuses and awards) received by such individual in a year under this title that is greater than the annual pay of the President. (Added Pub. L. 102–40, title I, § 103(a)[(1)], May 7, 1991, 105 Stat. 198; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 111–163, title VI, § 601(e), May 5, 2010, 124 Stat. 1169; Pub. L. 117–168, title IX, § 906(c)(3), Aug. 10, 2022, 136 Stat. 1813.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–168 designated existing provisions as par. (1), substituted ‘‘personnel appointed under section 7306 of this title or section 7401(4) of this title, or personnel described in section 7401(1) of this title,’’ for ‘‘the personnel described in paragraph (1) of section 7401 of this title’’ and ‘‘in a manner consistent with’’ for ‘‘in the same manner, and subject to the same limitations, as in the case of’’, and added par. (2). 2010—Pub. L. 111–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1992—Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Director’’. Statutory Notes and Related Subsidiaries TREATMENT OF PAY AUTHORITY CHANGES Pub. L. 117–168, title IX, § 906(c)(4), Aug. 10, 2022, 136 Stat. 1813, provided that: ‘‘For the purposes of the amendments made by paragraph (3) [amending this sec- tion], the Secretary of Veterans Affairs shall treat any award or payment made by the Secretary between Jan- uary 1, 2017, and the date of the enactment of this Act [Aug. 10, 2022] to employees appointed under sections 7306, 7401(1), and 7401(4) of title 38, United States Code, that the Secretary has determined are of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5, United States Code), as if such amendments had been in effect at the time of such award or payment.’’ § 7411. Full-time board-certified physicians and dentists: reimbursement of continuing pro- fessional education expenses The Secretary shall reimburse any full-time board-certified physician or dentist appointed under section 7401(1) of this title for expenses in- curred, up to $1,000 per year, for continuing pro- fessional education. (Added Pub. L. 102–40, title I, § 103(a)[(1)], May 7, 1991, 105 Stat. 199.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–40, title I, § 103(b), May 7, 1991, 105 Stat. 199, provided that: ‘‘Section 7411 of title 38, United States Code, as added by subsection (a), shall apply with respect to expenses incurred for continuing profes- sional education that is pursued after September 30, 1991.’’ § 7412. Annual determination of staffing short- ages; recruitment and appointment for need- ed occupations (a) IN GENERAL.—Not later than September 30 of each year, the Inspector General of the De- partment shall determine, and the Secretary shall publish in the Federal Register, at a min- imum, the five clinical occupations and the five nonclinical occupations of personnel of this title of the Department covered under section 7401 of this title for which there are the largest staffing shortages with respect to each medical center of Page 1229 TITLE 38—VETERANS’ BENEFITS § 7414 the Department, as calculated over the five-year period preceding the determination. (b) RECRUITMENT AND APPOINTMENT.—Notwith- standing sections 3304 and 3309 through 3318 of title 5, the Secretary may, upon a determination by the Inspector General under subsection (a) that there is a staffing shortage throughout the Department with respect to a particular occupa- tion, recruit and directly appoint, during the fis- cal year after the fiscal year during which such determination is made, qualified personnel to serve in that particular occupation for the De- partment. (Added Pub. L. 113–146, title III, § 301(a)(1), Aug. 7, 2014, 128 Stat. 1784; amended Pub. L. 114–315, title VIII, § 802(4), Dec. 16, 2016, 130 Stat. 1592; Pub. L. 115–46, title II, § 201, Aug. 12, 2017, 131 Stat. 959.) Editorial Notes AMENDMENTS 2017—Subsec. (a). Pub. L. 115–46 substituted ‘‘at a minimum, the five clinical occupations and the five nonclinical occupations’’ for ‘‘the five occupations’’ and ‘‘with respect to each medical center of the Depart- ment,’’ for ‘‘throughout the Department’’. 2016—Subsec. (b). Pub. L. 114–315 substituted ‘‘under subsection (a)’’ for ‘‘under paragraph (1)’’. Statutory Notes and Related Subsidiaries DEADLINE FOR FIRST DETERMINATION Pub. L. 113–146, title III, § 301(a)(3), Aug. 7, 2014, 128 Stat. 1784, provided that: ‘‘Notwithstanding the dead- line under section 7412 of title 38, United States Code, as added by paragraph (1), for the annual determination of staffing shortages in the Veterans Health Adminis- tration, the Inspector General of the Department of Veterans Affairs shall make the first determination re- quired under such section, and the Secretary of Vet- erans Affairs shall publish in the Federal Register such determination, by not later than the date that is 180 days after the date of the enactment of this Act [Aug. 7, 2014].’’ § 7413. Treatment of podiatrists; clinical over- sight standards (a) PODIATRISTS.—Except as provided by sub- section (b), a doctor of podiatric medicine who is appointed as a podiatrist under section 7401(1) of this title is eligible for any supervisory position in the Veterans Health Administration to the same degree that a physician appointed under such section is eligible for the position. (b) ESTABLISHMENT OF CLINICAL OVERSIGHT STANDARDS.—The Secretary, in consultation with appropriate stakeholders, shall establish standards to ensure that specialists appointed in the Veterans Health Administration to super- visory positions do not provide direct clinical oversight for purposes of peer review or practice evaluation for providers of other clinical spe- cialties. (Added Pub. L. 115–182, title V, § 502(a)(1), June 6, 2018, 132 Stat. 1475.) Editorial Notes CODIFICATION Section 502(a)(1) of Pub. L. 115–182, which directed that this section be added at the end of subchapter I of chapter 74, without specifying the Code title to be amended, was executed by adding this section at the end of this subchapter, to reflect the probable intent of Congress. § 7414. Compliance with requirements for exam- ining qualifications and clinical abilities of health care professionals (a) COMPLIANCE WITH CREDENTIALING REQUIRE- MENTS.—The Secretary shall ensure that each medical center of the Department, in a con- sistent manner— (1) compiles, verifies, and reviews docu- mentation for each health care professional of the Department at such medical center re- garding, at a minimum— (A) the professional licensure, certifi- cation, or registration of the health care professional; (B) whether the health care professional holds a Drug Enforcement Administration registration; and (C) the education, training, experience, malpractice history, and clinical com- petence of the health care professional; and (2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limi- tations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally ac- cepted standards of clinical practice in a man- ner that presents reasonable concern for the safety of patients. (b) REGISTRATION REGARDING CONTROLLED SUB- STANCES.—(1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration. (2) The Secretary shall— (A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 302(d) of the Controlled Substances Act (21 U.S.C. 822(d)) with respect to covered health care professionals; and (B) establish a process for medical centers to request such waivers. (3) In carrying out paragraph (1), the Sec- retary shall ensure that each medical center of the Department monitors the Drug Enforcement Administration registrations of covered health care professionals at such medical center in a manner that ensures the medical center is made aware of any change in status in the registra- tion by not later than seven days after such change in status. (4) If a covered health care professional does not hold an active Drug Enforcement Adminis- tration registration, the Secretary shall carry out any of the following actions, as the Sec- retary determines appropriate: (A) Obtain a waiver pursuant to paragraph (2). (B) Transfer the health care professional to a position that does not require prescribing, dispensing, administering, or conducting re- search with controlled substances. (C) Take appropriate actions under sub- chapter V of this chapter, with respect to an employee of the Department, or take appro-