§7616 — Title 38 Veterans' Benefits | U.S. Code

Summary

Participants must work full-time for the Department for the number of years in their scholarship agreement. They must do clinical work in their profession or another health job the Secretary assigns. At least 60 days before the start, the Secretary must tell the participant the service start date. After that date, the Secretary must make the person a full-time Veterans Health Administration employee or move a current VHA employee into a job that matches their training. For doctors, dentists, optometrists, and podiatrists the start date is when they get a State license, unless they ask to delay it until they finish an internship, residency, or other advanced clinical training. That training does not count toward the required service. If delayed, the Secretary can require extra service: one-half of a year added for each year of training if the specialty is needed by the Department, or three-quarters of a year added for each year if it is not. Those trainings must be in accredited affiliated programs that include time in a Department facility. For nurses the start date is the later of finishing the course or getting an RN license. For others it is the later of finishing the course or meeting required licensure or certification. The Secretary will make similar rules for part-time students. A participant is considered to have begun service when they are appointed or assigned to the appropriate full-time VHA job after finishing their course; if they already held that full-time VHA job on the course completion date, their service begins that day.

Title 38, §7616

Veterans' Benefits — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

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, § 402(b)(1), renumbered section 4316 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. Pub. L. 102–40, § 402(d)(1), substituted “7603” for “4303”. Subsec. (b)(1) to (3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (b)(4). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing. Pub. L. 102–40, § 403(b)(5), substituted “7423(d)(1)” for “4108(c)(1)” in introductory provisions. Subsec. (b)(5). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

§7616 Obligated Service

Summary

Title 38, §7616

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata