
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7616]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
     CHAPTER 76--HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM
 
                   SUBCHAPTER II--SCHOLARSHIP PROGRAM
 
Sec. 7616. Obligated service

    (a) Each participant in the Scholarship Program shall provide 
service as a full-time employee of the Department for the period of 
obligated service provided in the agreement of the participant entered 
into under section 7603 of this title. Such service shall be provided in 
the full-time clinical practice of such participant's profession or in 
another health-care position in an assignment or location determined by 
the Secretary.
    (b)(1) Not later than 60 days before the participant's service 
commencement date, the Secretary shall notify the participant of that 
service commencement date. That date is the date for the beginning of 
the participant's period of obligated service.
    (2) As soon as possible after the participant's service commencement 
date, the Secretary shall--
        (A) in the case of a participant who is not a full-time employee 
    in the Veterans Health Administration, appoint such participant as 
    such an employee; and
        (B) in the case of a participant who is an employee in the 
    Veterans Health Administration but is not serving in a position for 
    which such participant's course of education or training prepared 
    such participant, assign such participant to such a position.

    (3)(A)(i) In the case of a participant receiving a degree from a 
school of medicine, osteopathy, dentistry, optometry, or podiatry, the 
participant's service commencement date is the date upon which the 
participant becomes licensed to practice medicine, osteopathy, 
dentistry, optometry, or podiatry, as the case may be, in a State. 
However, the Secretary may, at the request of such participant, defer 
such date until the end of the period of time required for the 
participant to complete an internship or residency or other advanced 
clinical training. If the participant requests such a deferral, the 
Secretary shall notify the participant that such deferral could lead to 
an additional period of obligated service in accordance with paragraph 
(4) of this subsection.
    (ii) No such period of internship or residency or other advanced 
clinical training shall be counted toward satisfying a period of 
obligated service under this subchapter.
    (B) In the case of a participant receiving a degree from a school of 
nursing, the participant's service commencement date is the later of (i) 
the participant's course completion date, or (ii) the date upon which 
the participant becomes licensed as a registered nurse in a State.
    (C) In the case of a participant not covered by subparagraph (A) or 
(B) of this paragraph, the participant's service commencement date is 
the later of (i) the participant's course completion date, or (ii) the 
date the participant meets any applicable licensure or certification 
requirements.
    (4) A participant whose period of obligated service is deferred 
under paragraph (3)(A) of this subsection shall be required to undertake 
internship or residency or other advanced clinical training in an 
accredited program in an educational institution which is an affiliated 
institution (as defined in section 7423(d)(1) of this title) and with 
respect to which the affiliation agreement provides that all or part of 
the internship or residency or other advanced clinical training will be 
undertaken in a Department health-care facility. Such a participant may, 
at the discretion of the Secretary and upon the recommendation of the 
Under Secretary for Health, incur an additional period of obligated 
service--
        (A) at the rate of one-half of a calendar year for each year of 
    internship or residency or other advanced clinical training (or a 
    proportionate ratio thereof), if the internship, residency, or 
    advanced clinical training is in a medical specialty necessary to 
    meet the health-care requirements of the Department (as determined 
    under regulations prescribed by the Secretary); or
        (B) at the rate of three-quarters of a calendar year for each 
    year of internship or residency or other advanced clinical training 
    (or a proportionate ratio thereof), if the internship, residency, or 
    advanced clinical training is not in a medical specialty necessary 
    to meet the health-care requirements of the Department (as 
    determined under regulations prescribed by the Secretary).

    (5) The Secretary shall by regulation prescribe the service 
commencement date for participants who were part-time students. Such 
regulations shall prescribe terms as similar as practicable to the terms 
set forth in paragraph (3) of this subsection.
    (c)(1) Except as provided in paragraph (2) of this subsection, a 
participant in the Scholarship Program shall be considered to have begun 
serving such participant's period of obligated service--
        (A) on the date, after such participant's course completion 
    date, on which such participant (in accordance with subsection (b) 
    of this section) is appointed under this chapter as a full-time 
    employee in the Veterans Health Administration; or
        (B) if the participant is a full-time employee in the Veterans 
    Health Administration on such course completion date, on the date 
    thereafter on which such participant is assigned to a position for 
    which such participant's course of training prepared such 
    participant.

    (2) A participant in the Scholarship Program who on such 
participant's course completion date is a full-time employee in the 
Veterans Health Administration serving in a capacity for which such 
participant's course of training prepared such participant shall be 
considered to have begun serving such participant's period of obligated 
service on such course completion date.
    (3) For the purposes of this section, the term ``course completion 
date'' means the date on which a participant in the Scholarship Program 
completes such participant's course of education or training under the 
program.

(Added Pub. L. 100-322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 
522, Sec. 4316; renumbered Sec. 7616 and amended Pub. L. 102-40, title 
IV, Secs. 402(b)(1), (d)(1), 403(b)(5), May 7, 1991, 105 Stat. 238-240; 
Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
Stat. 404, 405; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 
1992, 106 Stat. 1984; Pub. L. 103-446, title XII, Sec. 1201(b)(1), Nov. 
2, 1994, 108 Stat. 4682.)


                               Amendments

    1994--Subsecs. (b)(2), (c)(1), (2). Pub. L. 103-446 substituted 
``Veterans Health Administration'' for ``Department of Medicine and 
Surgery'' wherever appearing.
    1992--Subsec. (b)(4). Pub. L. 102-405 substituted ``Under Secretary 
for Health'' for ``Chief Medical Director''.
    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4316 of 
this title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration''.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``7603'' for ``4303''.
    Subsec. (b)(1) to (3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (b)(4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' wherever appearing.
    Pub. L. 102-40, Sec. 403(b)(5), substituted ``7423(d)(1)'' for 
``4108(c)(1)'' in introductory provisions.
    Subsec. (b)(5). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.

                  Section Referred to in Other Sections

    This section is referred to in sections 7612, 7617 of this title.
