
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7403]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
                       SUBCHAPTER I--APPOINTMENTS
 
Sec. 7403. Period of appointments; promotions

    (a)(1) Appointments under this chapter of health-care professionals 
to whom this section applies may be made only after qualifications have 
been satisfactorily established in accordance with regulations 
prescribed by the Secretary, without regard to civil-service 
requirements.
    (2) This section applies to the following persons appointed under 
this chapter:
        (A) Physicians.
        (B) Dentists.
        (C) Podiatrists.
        (D) Optometrists.
        (E) Nurses.
        (F) Physician assistants.
        (G) Expanded-function dental auxiliaries.

    (b)(1) Appointments described in subsection (a) shall be for a 
probationary period of two years.
    (2) The record of each person serving under such an appointment in 
the Medical, Dental, and Nursing Services shall be reviewed from time to 
time by a board, appointed in accordance with regulations of the 
Secretary. If such a board finds that such person is not fully qualified 
and satisfactory, such person shall be separated from the service.
    (c) Promotions of persons to whom this section applies shall be made 
only after examination given in accordance with regulations prescribed 
by the Secretary. Advancement within grade may be made in increments of 
the minimum rate of basic pay of the grade in accordance with 
regulations prescribed by the Secretary.
    (d) In determining eligibility for reinstatement in the Federal 
civil service of persons appointed to positions in the Administration 
under this chapter who at the time of appointment have a civil-service 
status, and whose employment in the Administration is terminated, the 
period of service performed in the Administration shall be included in 
computing the period of service under applicable civil-service rules and 
regulations.
    (e) In accordance with regulations prescribed by the Secretary, the 
grade and annual rate of basic pay of a person to whom this section 
applies whose level of assignment is changed from a level of assignment 
in which the grade level is based on both the nature of the assignment 
and personal qualifications may be adjusted to the grade and annual rate 
of basic pay otherwise appropriate.
    (f)(1) Upon the recommendation of the Under Secretary for Health, 
the Secretary may--
        (A) use the authority in subsection (a) to establish the 
    qualifications for and (subject to paragraph (2)) to appoint 
    individuals to positions listed in section 7401(3) of this title; 
    and
        (B) use the authority provided in subsection (c) for the 
    promotion and advancement of Department employees serving in such 
    positions.

    (2) In using such authority to appoint individuals to such 
positions, the Secretary shall apply the principles of preference for 
the hiring of veterans and other persons established in subchapter I of 
chapter 33 of title 5.
    (3) Notwithstanding any other provision of this title or other law, 
all matters relating to adverse actions, disciplinary actions, and 
grievance procedures involving individuals appointed to such positions 
(including similar actions and procedures involving an employee in a 
probationary status) shall be resolved under the provisions of title 5 
as though such individuals had been appointed under that title.
    (g)(1) The Secretary may appoint in the competitive civil service 
without regard to the provisions of subchapter I of chapter 33 of title 
5 (other than sections 3303 and 3328 of such title) an individual who--
        (A) has a recognized degree or certificate from an accredited 
    institution in a health-care profession or occupation; and
        (B) has successfully completed a clinical education program 
    affiliated with the Department.

    (2) In using the authority provided by this subsection, the 
Secretary shall apply the principles of preference for the hiring of 
veterans and other persons established in subchapter I of chapter 33 of 
title 5.

(Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 
224; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 
106 Stat. 1984.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 4106 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

    1992--Subsec. (f)(1). Pub. L. 102-405 substituted ``Under Secretary 
for Health'' for ``Chief Medical Director''.

                  Section Referred to in Other Sections

    This section is referred to in section 7405 of this title.
