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), 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 1 such other classes of health care occupations as the Secretary considers necessary for the recruitment and retention needs of the Department subject to the following requirements:
(A) Such other classes of health care occupations—
(i) are not occupations relating to administrative, clerical, or physical plant maintenance and protective services;
(ii) would otherwise receive basic pay in accordance with the General Schedule under section 5332 of title 5;
(iii) provide, as determined by the Secretary, direct patient care services or services incident to direct patient services; and
(iv) would not otherwise be available to provide medical care or treatment for veterans.
(B) Not later than 45 days before the Secretary appoints any personnel for a class of health care occupations that is not specifically listed in this paragraph, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and the Office of Management and Budget notice of such appointment.
(C) Before submitting notice under subparagraph (B), the Secretary shall solicit comments from any labor organization representing employees in such class and include such comments in such notice.
(4) Directors of medical centers and directors of Veterans Integrated Service Networks with demonstrated ability in the medical profession, in health care administration, or in health care fiscal management.
(Added Pub. L. 102–40, title IV, §401(b)(2), May 7, 1991, 105 Stat. 222; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 108–170, title III, §§301(a)(1), 302(a), Dec. 6, 2003, 117 Stat. 2054, 2057; Pub. L. 108–422, title V, §502, Nov. 30, 2004, 118 Stat. 2396; Pub. L. 109–461, title II, §201(a), Dec. 22, 2006, 120 Stat. 3409; Pub. L. 111–163, title VI, §601(a), May 5, 2010, 124 Stat. 1167; Pub. L. 114–58, title VI, §601(23), Sept. 30, 2015, 129 Stat. 539; Pub. L. 114–256, §4(a)(1), Dec. 14, 2016, 130 Stat. 1347; Pub. L. 115–41, title II, §207(a), June 23, 2017, 131 Stat. 877; Pub. L. 117–328, div. U, title I, §183, Dec. 29, 2022, 136 Stat. 5436.)
Provisions similar to those in this section were contained in section 4104 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.
2022—Par. (3). Pub. L. 117–328 inserted "statisticians, economists, informaticists, data scientists, and" after "blind rehabilitation outpatient specialists," in introductory provisions.
2017—Par. (4). Pub. L. 115–41 added par. (4).
2016—Par. (3). Pub. L. 114–256 inserted "licensed hearing aid specialists," after "Audiologists," in introductory provisions.
2015—Par. (3)(A)(ii). Pub. L. 114–58 struck out "that" before "would otherwise receive".
2010—Par. (3). Pub. L. 111–163 inserted "nurse assistants," after "licensed practical or vocational nurses,", substituted "blind rehabilitation outpatient specialists, and such other classes of health care occupations as the Secretary considers necessary for the recruitment and retention needs of the Department subject to the following requirements:" for "and blind rehabilitation outpatient specialists.", and added subpars. (A) to (C).
2006—Par. (3). Pub. L. 109–461 inserted "marriage and family therapists, licensed professional mental health counselors," after "social workers,".
2004—Par. (3). Pub. L. 108–422 substituted "technologists, dental hygienists, dental assistants" for "and dental technologists" and "technologists, therapeutic radiologic technologists, social workers, blind rehabilitation specialists, and blind rehabilitation outpatient specialists" for "technicians, therapeutic radiologic technicians, and social workers".
2003—Pub. L. 108–170, §302(a)(1), substituted "health" for "medical" in introductory provisions.
Par. (1). Pub. L. 108–170, §302(a)(2), inserted "chiropractors," after "podiatrists,".
Par. (2). Pub. L. 108–170, §301(a)(1)(A), added par. (2) and struck out former par. (2) which read as follows: "Psychologists (other than those described in paragraph (3)), dietitians, and other scientific and professional personnel, such as microbiologists, chemists, biostatisticians, and medical and dental technologists."
Par. (3). Pub. L. 108–170, §301(a)(1)(B), added par. (3) and struck out former par. (3) which read as follows: "Clinical or counseling psychologists who hold diplomas as diplomates in psychology from an accrediting authority approved by the Secretary, certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, and occupational therapists."
1992—Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director".
Amendment by section 302(a) of 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.
Pub. L. 117–328, div. U, title I, §111, Dec. 29, 2022, 136 Stat. 5410, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(1)
"(A) was appointed to the Veterans Health Administration under section 7401 of title 38, United States Code; and
"(B) before such appointment, had a license terminated for cause by a State licensing board for hospital care or medical services provided in a facility that is not a facility of the Veterans Health Administration.
"(2)
Pub. L. 117–328, div. U, title I, §192, Dec. 29, 2022, 136 Stat. 5439, provided that:
"(a)
"(b)
Pub. L. 117–328, div. V, title I, §103, Dec. 29, 2022, 136 Stat. 5500, provided that:
"(a)
"(b)
Pub. L. 117–328, div. V, title I, §104(c), Dec. 29, 2022, 136 Stat. 5501, provided that:
"(1)
"(2)
"(A) shall advertise the paid trainee, scholarship, and loan repayment opportunities offered by the Department; and
"(B) may highlight the new graduate medical education residencies available at the Department for medical students entering residency."
Pub. L. 117–168, title IX, §901, Aug. 10, 2022, 136 Stat. 1808, provided that:
"(a)
"(1) recruit health care professionals for rural and highly rural community-based outpatient clinics and rural and highly rural medical centers of the Department;
"(2) determine which such clinics or centers have a staffing shortage of health care professionals;
"(3) develop best practices and techniques for recruiting health care professionals for such clinics and centers;
"(4) not less frequently than annually, provide virtually based, on-demand training to human resources professionals of the Veterans Health Administration on the best practices and techniques developed under paragraph (3); and
"(5) provide recruitment resources, such as pamphlets and marketing material to—
"(A) Veterans Integrated Service Networks of the Department;
"(B) rural and highly rural community-based outpatient clinics of the Department; and
"(C) rural and highly rural medical centers of the Department.
"(b)
"(1) the plan developed and implemented under subsection (a); and
"(2) an assessment of the outcomes related to recruitment and retention of employees of the Veterans Health Administration at rural and highly rural facilities of the Department.
"(c)
Pub. L. 117–168, title IX, §902, Aug. 10, 2022, 136 Stat. 1808, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(d)
"(1)
"(A) the total amount paid under subsection (a) to buy out the non-Department service contract of the individual; multiplied by
"(B) a fraction—
"(i) the numerator of which is—
"(I) the total number of months in the period of obligated service of the individual; minus
"(II) the number of months served by the individual; and
"(ii) the denominator of which is the total number of months in the period of obligated service of the individual.
"(2)
"(e)
"(1)
"(2)
"(A) The number of health care professionals for whom a service contract buyout payment was made under subsection (a) in the previous fiscal year, disaggregated by occupation or specialty.
"(B) The average, highest, and lowest amount of the service contract buyout payments made under subsection (a) for each occupation or specialty in the previous fiscal year.
"(C) Each location where contract buyout authority under subsection (a) was utilized and the number of covered health care professionals who agreed to be employed at such location in the previous fiscal year.
"(f)
"(1)
"(2)
"(g)
Pub. L. 117–168, title IX, §903, Aug. 10, 2022, 136 Stat. 1810, provided that:
"(a)
"(1) establish qualifications for each human resources position within the Department of Veterans Affairs in coordination with the Office of Personnel Management;
"(2) establish standardized performance metrics for each such position; and
"(3) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the qualifications and standardized performance metrics established under paragraphs (1) and (2).
"(b)
"(c)
"(1) a description of the implementation of such qualifications and performance metrics;
"(2) an assessment of the quality of such qualifications and performance metrics;
"(3) an assessment of performance and outcomes based on such metrics; and
"(4) such other matters as the Comptroller General considers appropriate.
"(d)
Pub. L. 117–2, title VIII, §8008, Mar. 11, 2021, 135 Stat. 116, provided that:
"(a)
"(b)
"(1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19;
"(2) has been advised by a health care provider to self-quarantine due to concerns related to COVID–19;
"(3) is caring for an individual who is subject to such an order or has been so advised;
"(4) is experiencing symptoms of COVID–19 and seeking a medical diagnosis;
"(5) is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, if the school of such son or daughter requires or makes optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions;
"(6) is experiencing any other substantially similar condition;
"(7) is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19; or
"(8) is obtaining immunization related to COVID–19 or to recover from any injury, disability, illness, or condition related to such immunization.
"(c)
"(1)
"(2)
"(A) shall be provided to a covered employee in an amount not to exceed 600 hours of paid leave for each full-time employee, and in the case of a part-time employee, employee on an uncommon tour of duty, or employee with a seasonal work schedule, in an amount not to exceed the proportional equivalent of 600 hours to the extent amounts in the Fund remain available for reimbursement;
"(B) shall be paid at the same hourly rate as other leave payments; and
"(C) may not be provided to a covered employee if the leave would result in payments greater than $2,800 in aggregate for any biweekly pay period for a full-time employee, or a proportionally equivalent biweekly limit for a part-time employee.
"(3)
"(A) is in addition to any other leave provided to a covered employee; and
"(B) may not be used by a covered employee concurrently with any other paid leave.
"(4)
"(d)
Pub. L. 116–315, title III, §3010, Jan. 5, 2021, 134 Stat. 4997, provided that:
"(a)
"(b)
"(c)
"(1)
"(A) provide at least one and not more than three clinical observation sessions at each medical center selected during each calendar year;
"(B) ensure that each clinical observation session—
"(i) lasts between four and six months; and
"(ii) to the extent practicable, begins and ends concurrently with one or more academic terms of an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and
"(C) ensure that the clinical observation sessions provided at a medical center have minimal overlap.
"(2)
"(A) Each session shall allow for not fewer than five students nor greater than 15 students to participate in the session.
"(B) Each session shall consist of not fewer than 20 observational hours nor greater than 40 observational hours.
"(C) A majority of the observational hours shall be spent observing a health professional. The other observational hours shall be spent in a manner that ensures a robust, well rounded experience that exposes the students to a variety of aspects of medical care and health care administration.
"(D) Each session shall provide a diverse clinical observation experience.
"(d)
"(1)
"(A) nationals of the United States;
"(B) enrolled in an accredited program of study at an institution of higher education; and
"(C) referred by their institution of higher education following an internal application process.
"(2)
"(A) Students who, at the time of the completion of their secondary education, resided in a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)).
"(B) First generation college students (as defined in section 402A(h)(3) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))).
"(C) Students who have been referred by minority-serving institutions (as defined in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))).
"(D) Veterans (as defined in section 101 of title 38, United States Code).
"(E) Students who indicate an intention to specialize in a health professional occupation identified by the Inspector General of the Department under section 7412 of title 38, United States Code, as having a staffing shortage.
"(3)
"(e)
"(1) establish a formal status to facilitate the access to medical centers of the Department by student observers participating in the pilot program;
"(2) establish standardized legal, privacy, and ethical requirements for the student observers, including with respect to—
"(A) ensuring that no student observer provides any care to patients while participating as an observer; and
"(B) ensuring the suitability of a student to participate in the pilot program to ensure that the student poses no risk to patients;
"(3) develop and implement a partnership strategy with minority-serving institutions to encourage referrals;
"(4) create standardized procedures for student observers;
"(5) create an online information page about the pilot program on the internet website of the Department;
"(6) publish on the online information page created under paragraph (5) the locations of such centers, and other information on the pilot program, not later than 180 days before the date on which applications are required to be submitted by potential student observers;
"(7) identify medical centers and specific health professionals participating in the pilot program; and
"(8) notify the Committees on Veterans' Affairs of the House of Representatives and the Senate of the medical centers selected under subsection (c) within 30 days of selection, to facilitate program awareness.
"(f)
"(1) the number and demographics of all applicants, those accepted to participate in the pilot program, and those who completed the pilot program; and
"(2) if participating institutions of higher education choose to administer satisfaction surveys that assess the experience of those who completed the pilot program, the results of any such satisfaction surveys, provided at the discretion of the institution of higher education.
"(g)
"(1) increase the awareness, knowledge, and empathy of future health professionals toward the health conditions common to veterans;
"(2) increase the diversity of the recruitment pool of future physicians of the Department; and
"(3) expand clinical observation opportunities for all students by encouraging students of all backgrounds to consider a career in the health professions.
"(h)
Pub. L. 116–171, title V, §501(b), Oct. 17, 2020, 134 Stat. 815, provided that: "Not later than one year after the date of the enactment of this Act [Oct. 17, 2020], the Secretary of Veterans Affairs, in consultation with the Office of Personnel Management, shall develop an occupational series for licensed professional mental health counselors and marriage and family therapists of the Department of Veterans Affairs."
Pub. L. 115–46, title II, §207, Aug. 12, 2017, 131 Stat. 964, as amended by Pub. L. 117–67, §2, Nov. 30, 2021, 135 Stat. 1491, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(d)
"(e)
"(1)
"(A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and
"(B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.
"(2)
Pub. L. 115–46, title II, §209, Aug. 12, 2017, 131 Stat. 965, provided that:
"(a)
"(b)
"(c)
"(1) as soon as practicable after being hired by the Secretary as a human resources professional; and
"(2) annually thereafter.
"(d)
"(e)
Pub. L. 115–46, title II, §210, Aug. 12, 2017, 131 Stat. 965, provided that:
"(a)
"(b)
"(c)
"(1) A deadline to hire directors of medical centers of the Department as described in such subsection.
"(2) Identification of the possible impediments to such hiring.
"(3) Identification of opportunities to promote and train candidates from within the Department to senior executive positions in the Department, including as directors of medical centers.
"(d)
"(e)
Pub. L. 114–256, §4(b), (c), Dec. 14, 2016, 130 Stat. 1347, 1348, provided that:
"(b)
"(1) a hearing aid specialist may only perform hearing services consistent with the hearing aid specialist'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-medical 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 audiologist.
"(c)
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 occupational category of employees specified in paragraph (3) of section 7401 of title 38, United States Code, by reason of the amendment made by paragraph (1)(B) of this subsection [amending this section] shall, as of such date, be deemed to have been appointed to the Administration under such paragraph (3)."