
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 205]
[CITE: 38USC7402]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
                       SUBCHAPTER I--APPOINTMENTS
 
Sec. 7402. Qualifications of appointees

    (a) To be eligible for appointment to the positions in the 
Administration covered by subsection (b), a person must have the 
applicable qualifications set forth in that subsection.
    (b)(1) Physician.--To be eligible to be appointed to a physician 
position, a person must--
        (A) hold the degree of doctor of medicine or of doctor of 
    osteopathy from a college or university approved by the Secretary,
        (B) have completed an internship satisfactory to the Secretary, 
    and
        (C) be licensed to practice medicine, surgery, or osteopathy in 
    a State.

    (2) Dentist.--To be eligible to be appointed to a dentist position, 
a person must--
        (A) hold the degree of doctor of dental surgery or dental 
    medicine from a college or university approved by the Secretary, and
        (B) be licensed to practice dentistry in a State.

    (3) Nurse.--To be eligible to be appointed to a nurse position, a 
person must--
        (A) have successfully completed a full course of nursing in a 
    recognized school of nursing, approved by the Secretary, and
        (B) be registered as a graduate nurse in a State.

    (4) Director of a Hospital, Domiciliary, Center, or Outpatient 
Clinic.--To be eligible to be appointed to a director position, a person 
must have such business and administrative experience and qualifications 
as the Secretary shall prescribe.
    (5) Podiatrist.--To be eligible to be appointed to a podiatrist 
position, a person must--
        (A) hold the degree of doctor of podiatric medicine, or its 
    equivalent, from a school of podiatric medicine approved by the 
    Secretary, and
        (B) be licensed to practice podiatry in a State.

    (6) Optometrist.--To be eligible to be appointed to an optometrist 
position, a person must--
        (A) hold the degree of doctor of optometry, or its equivalent, 
    from a school of optometry approved by the Secretary, and
        (B) be licensed to practice optometry in a State.

    (7) Pharmacist.--To be eligible to be appointed to a pharmacist 
position, a person must--
        (A) hold the degree of bachelor of science in pharmacy, or its 
    equivalent, from a school of pharmacy, approved by the Secretary, 
    and
        (B) be registered as a pharmacist in a State.

    (8) Psychologist.--To be eligible to be appointed to a psychologist 
position, a person must--
        (A) hold a doctoral degree in psychology from a college or 
    university approved by the Secretary,
        (B) have completed study for such degree in a specialty area of 
    psychology and an internship which are satisfactory to the 
    Secretary, and
        (C) be licensed or certified as a psychologist in a State, 
    except that the Secretary may waive the requirement of licensure or 
    certification for an individual psychologist for a period not to 
    exceed two years on the condition that that psychologist provide 
    patient care only under the direct supervision of a psychologist who 
    is so licensed or certified.

    (9) Social Worker.--To be eligible to be appointed to a social 
worker position, a person must hold a master's degree in social work 
from a college or university approved by the Secretary and satisfy the 
social worker licensure, certification, or registration requirements, if 
any, of the State in which the social worker is to be employed, except 
that the Secretary may waive the licensure, certification, or 
registration requirement of this paragraph for an individual social 
worker for a reasonable period, not to exceed 3 years, in order for the 
social worker to take any actions necessary to satisfy the licensure, 
certification, or registration requirements of such State.
    (10) Other Health-Care Positions.--To be appointed as a physician 
assistant, expanded-function dental auxiliary, certified or registered 
respiratory therapist, licensed physical therapist, licensed practical 
or vocational nurse, occupational therapist, dietitian, microbiologist, 
chemist, biostatistician, medical technologist, dental technologist, or 
other position, a person must have such medical, dental, scientific, or 
technical qualifications as the Secretary shall prescribe.
    (c) Except as provided in section 7407(a) of this title, a person 
may not be appointed in the Administration to a position listed in 
section 7401(1) of this title unless the person is a citizen of the 
United States.
    (d) A person may not be appointed under section 7401(1) of this 
title to serve in the Administration in any direct patient-care capacity 
unless the Under Secretary for Health determines that the person 
possesses such basic proficiency in spoken and written English as will 
permit such degree of communication with patients and other health-care 
personnel as will enable the person to carry out the person's health-
care responsibilities satisfactorily. Any determination by the Under 
Secretary for Health under this subsection shall be in accordance with 
regulations which the Secretary shall prescribe.
    (e) A person may not serve as Chief of Staff of a Department health-
care facility if the person is not serving on a full-time basis.
    (f) A person may not be employed in a position under subsection (b) 
(other than under paragraph (4) of that subsection) if--
        (1) the person is or has been licensed, registered, or certified 
    (as applicable to such position) in more than one State; and
        (2) either--
            (A) any of those States has terminated such license, 
        registration, or certification for cause; or
            (B) the person has voluntarily relinquished such license, 
        registration, or certification in any of those States after 
        being notified in writing by that State of potential termination 
        for cause.

(Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 
222; amended Pub. L. 102-86, title III, Sec. 305(a), Aug. 14, 1991, 105 
Stat. 417; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 
Stat. 1984; Pub. L. 106-117, title II, Sec. 209, Nov. 30, 1999, 113 
Stat. 1569.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 4105 and 4108(b) of this title prior to the repeal of those 
sections as part of the complete revision of chapter 73 of this title by 
Pub. L. 102-40.


                               Amendments

    1999--Subsec. (f). Pub. L. 106-117 added subsec. (f).
    1992--Subsec. (d). Pub. L. 102-405 substituted ``Under Secretary for 
Health'' for ``Chief Medical Director'' in two places.
    1991--Subsec. (b)(9), (10). Pub. L. 102-86 added par. (9) and 
redesignated former par. (9) as (10).


                    Effective Date of 1991 Amendment

    Section 305(b) of Pub. L. 102-86 provided that: ``The amendment made 
by subsection (a) [amending this section] does not apply to any person 
employed as a social worker by the Department of Veterans Affairs on or 
before the date of the enactment of this Act [Aug. 14, 1991].''


Requirements Respecting Basic Proficiency in Spoken and Written English 
                  of Appointees After November 23, 1977

    Section 4(a)(3) of Pub. L. 95-201 provided that: ``Notwithstanding 
any other provision of law, with respect to persons other than those 
described in subsection (c) of section 4105 and subsection (f) of 
section 4114 of title 38, United States Code [former sections 4105(c) 
and 4114(f) of this title, see subsec. (d) of this section and section 
7407(d) of this title] (as added by paragraphs (1) and (2) of this 
subsection), who are appointed after the date of enactment of this Act 
[Nov. 23, 1977] in the Department of Medicine and Surgery in the 
Veterans' Administration [now Veterans Health Administration of the 
Department of Veterans Affairs] in any direct patient-care capacity, and 
with respect to persons described in such subsections who are appointed 
after such enactment date and prior to January 1, 1978, the 
Administrator of Veterans' Affairs [now Secretary of Veterans Affairs], 
upon the recommendation of the Chief Medical Director [now Under 
Secretary for Health], shall take appropriate steps to provide 
reasonable assurance that such persons possess such basic proficiency in 
spoken and written English as will permit such degree of communication 
with patients and other health-care personnel as will enable such 
persons to carry out their health-care responsibilities 
satisfactorily.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7407, 7604, 7682 of this 
title.
