38 U.S.C. § 7406 — Residencies and internships

Page 1225 TITLE 38—VETERANS’ BENEFITS § 7406 full course of nursing in a recognized school of nursing approved by the Secretary, or who is pursuing a full course of training for any cat- egory of personnel described in paragraph (3) of section 7401 of this title in a recognized edu- cation or training institution approved by the Secretary, may be reappointed for a period not to exceed the duration of the student’s academic program. (f) During any period during which the Sec- retary is exercising the authority provided in subsections (a) and (f)(1) of section 7403 of this title in connection with the appointment, under paragraph (3) of section 7401 of this title, of per- sonnel in a category of personnel described in such paragraph— (1) the Secretary may make temporary full- time appointments of personnel in such cat- egory for periods exceeding 90 days if the Under Secretary for Health finds that cir- cumstances render it impractical to obtain the necessary services through appointments under paragraph (3) of section 7401 of this title; and (2) part-time appointments of personnel in such category may be for periods of more than one year. (g)(1) Except as provided in paragraph (3), em- ployment of a registered nurse on a temporary part-time basis under subsection (a)(1) shall be for a probationary period of two years. (2) Except as provided in paragraph (3), upon completion by a registered nurse of the proba- tionary period described in paragraph (1)— (A) the employment of such nurse shall— (i) no longer be considered temporary; and (ii) be considered an appointment de- scribed in section 7403(a) of this title; and (B) the nurse shall be considered to have served the probationary period required by section 7403(b). (3) This subsection shall not apply to appoint- ments made on a term limited basis of less than or equal to three years of— (A) nurses with a part-time appointment re- sulting from an academic affiliation or teach- ing position in a nursing academy of the De- partment; (B) nurses appointed as a result of a specific research proposal or grant; or (C) nurses who are not citizens of the United States and appointed under section 7407(a) of this title. (Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 226; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 106–419, title II, § 204, Nov. 1, 2000, 114 Stat. 1842; Pub. L. 108–170, title III, § 301(c), Dec. 6, 2003, 117 Stat. 2057; Pub. L. 111–163, title VI, § 601(c), May 5, 2010, 124 Stat. 1168.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4114(a) 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 2010—Subsec. (g). Pub. L. 111–163 added subsec. (g). 2003—Subsec. (a)(1)(B), (C). Pub. L. 108–170, § 301(c)(1)(A), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows: ‘‘(B) Certified or registered respiratory therapists, li- censed physical therapists, licensed practical or voca- tional nurses, pharmacists, and occupational thera- pists. ‘‘(C) Dietitians, social workers, and librarians.’’ Subsec. (a)(2)(B). Pub. L. 108–170, § 301(c)(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘Certified or registered respiratory therapists, licensed physical therapists, licensed prac- tical or vocational nurses, pharmacists, and occupa- tional therapists.’’ Subsec. (c)(1). Pub. L. 108–170, § 301(c)(2), substituted ‘‘paragraphs (1) and (3) of section 7401’’ for ‘‘section 7401(1)’’. 2000—Subsec. (c)(2). Pub. L. 106–419, § 204(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘Temporary full-time appointments of persons who have successfully completed a full course of nurs- ing in a recognized school of nursing, approved by the Secretary, or who have successfully completed a full course of training for any category of personnel de- scribed in paragraph (3) of section 7401 of this title in a recognized education or training institution approved by the Secretary, and who are pending registration or licensure in a State, or certification by a national board recognized by the Secretary, shall not exceed two years.’’ Subsec. (c)(3), (4). Pub. L. 106–419, § 204(b), added par. (3) and redesignated former par. (3) as (4). 1992—Subsecs. (a), (c)(1), (f)(1). Pub. L. 102–405 sub- stituted ‘‘Under Secretary for Health’’ for ‘‘Chief Med- ical Director’’. Statutory Notes and Related Subsidiaries RECRUITMENT OF MENTAL HEALTH PROVIDERS FOR FURNISHING MENTAL HEALTH SERVICES ON BEHALF OF THE DEPARTMENT OF VETERANS AFFAIRS WITHOUT COMPENSATION FROM THE DEPARTMENT Pub. L. 112–239, div. A, title VII, § 729, Jan. 2, 2013, 126 Stat. 1813, provided that: ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs shall carry out a national program of outreach to soci- eties, community organizations, nonprofit organiza- tions, and government entities in order to recruit men- tal health providers who meet the quality standards and requirements of the Department of Veterans Af- fairs to provide mental health services for the Depart- ment on a part-time, without-compensation basis, under section 7405 of title 38, United States Code. ‘‘(b) PARTNERING WITH AND DEVELOPING COMMUNITY ENTITIES AND NONPROFIT ORGANIZATIONS.—In carrying out the program required by subsection (a), the Sec- retary may partner with a community entity or non- profit organization or assist in the development of a community entity or nonprofit organization, including by entering into an agreement under section 8153 of title 38, United States Code, that provides strategic co- ordination of the societies, organizations, and govern- ment entities described in subsection (a) in order to maximize the availability and efficient delivery of mental health services to veterans by such societies, organizations, and government entities. ‘‘(c) MILITARY CULTURE TRAINING.—In carrying out the program required by subsection (a), the Secretary shall provide training to mental health providers to en- sure that clinicians who provide mental health services as described in such subsection have sufficient under- standing of military-specific and service-specific cul- ture, combat experience, and other factors that are unique to the experience of veterans who served in Op- eration Enduring Freedom, Operating Iraqi Freedom, or Operation New Dawn.’’ § 7406. Residencies and internships (a)(1) The Secretary may establish residencies and internships. The Secretary may appoint 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-