Code · U.S. Code · Title 38 - VETERANS’ BENEFITS · CHAPTER 74— VETERANS HEALTH ADMINISTRATION—PERSONNEL · SUBCHAPTER I— APPOINTMENTS · § 7401

§ 7401. Appointments in Veterans Health Administration

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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.)

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