38 U.S.C. § 7408 — Appointment of additional employees

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.