§7407 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Under Secretary for Health can hire people who are not U.S. citizens under appointments made with sections 7405 and 7406 when no qualified citizens can be found, ignoring the citizenship rules in section 7402(c) or other laws. The Under Secretary can also set aside certain licensing rules in section 7402(b) for those hires. That includes waiving professional licenses, the rule that the license be from a State, and a psychologist’s internship rule. Those waivers can be used only when the person will do research or teach and will not give direct patient care, or when the person will work outside the United States and is licensed in the country where they will serve. Training for full-time physician assistants or expanded dental auxiliaries counts as a full-time institutional program under chapter 34, unless the classroom plus on-the-job training is under 30 hours per week. People cannot be hired into the job groups in section 7401(1) or 7406 unless they meet the rules in section 7402(d) and its regulations. Part-time career rules in chapter 34 of title 5 do not apply to part-time appointments under sections 7405 and 7406, under section 7425(b).

Title 38, §7407

Veterans' Benefits — Source: USLM XML via OLRC

(a)When the Under Secretary for Health determines that it is not possible to recruit qualified citizens for the necessary services, appointments under section 7405 and 7406 of this title may be made without regard to the citizenship requirements of section 7402(c) of this title or of any other law prohibiting the employment of, or payment of compensation to, a person who is not a citizen of the United States.

(b)(1)Subject to paragraph (2), the Under Secretary for Health may waive for the purpose of the appointment of an individual under section 7405 or 7406 of this title the requirements set forth in section 7402(b) of this title—

(A)that a physician, dentist, psychologist, optometrist, registered nurse, practical or vocational nurse, or physical therapist be licensed or certified, as appropriate;

(B)that the licensure or certification of such an individual be in a State; and

(C)that a psychologist have completed an internship.

(2)The waivers authorized in paragraph (1) may be granted—

(A)in the case of clauses (A) and (C) of such paragraph, if the individual (i) will be employed to conduct research or serve in an academic position, and (ii) will have no responsibility for furnishing direct patient care services; and

(B)in the case of clause (B) of such paragraph, if the individual will be employed to serve in a country other than the United States and the individual’s licensure or registration is in the country in which the individual is to serve.

(c)The program of training prescribed by the Secretary in order to qualify a person for the position of full-time physician assistant or expanded-function dental auxiliary shall be considered a full-time institutional program for purposes of chapter 34 of this title. The Secretary may consider training for such a position to be on a less than full-time basis for purposes of such chapter when the combined classroom (and other formal instruction) portion of the program and the on-the-job training portion of the program total less than 30 hours per week.

(d)A person may not be appointed under section 7405 or 7406 of this title to an occupational category described in section 7401(1) of this title or in section 7406 of this title unless the person meets the requirements established in section 7402(d) of this title and regulations prescribed under that section.

(e)In accordance with the provisions of section 7425(b) of this title, the provisions of chapter 34 of title 5 pertaining to part-time career employment shall not apply to part-time appointments under section 7405 and 7406 of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 4114(c)–(g) 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—Subsecs. (a), (b)(1). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

§7407 Administrative provisions for section 7405 and 7406 appointments