38 U.S.C. § 7402 : US Code - Section 7402: Qualifications of appointees

Search 38 U.S.C. § 7402 : US Code - Section 7402: Qualifications of appointees

(a) To be eligible for appointment to the positions in the
Administration covered by subsection (b), a person must have the
applicable qualifications set forth in that subsection.
(b)(1) Physician. - To be eligible to be appointed to a physician
position, a person must -
(A) hold the degree of doctor of medicine or of doctor of
osteopathy from a college or university approved by the
Secretary,
(B) have completed an internship satisfactory to the Secretary,
and
(C) be licensed to practice medicine, surgery, or osteopathy in
a State.
(2) Dentist. - To be eligible to be appointed to a dentist
position, a person must -
(A) hold the degree of doctor of dental surgery or dental
medicine from a college or university approved by the Secretary,
and
(B) be licensed to practice dentistry in a State.
(3) Nurse. - To be eligible to be appointed to a nurse position,
a person must -
(A) have successfully completed a full course of nursing in a
recognized school of nursing, approved by the Secretary, and
(B) be registered as a graduate nurse in a State.
(4) Director of a Hospital, Domiciliary, Center, or Outpatient
Clinic. - To be eligible to be appointed to a director position, a
person must have such business and administrative experience and
qualifications as the Secretary shall prescribe.
(5) Podiatrist. - To be eligible to be appointed to a podiatrist
position, a person must -
(A) hold the degree of doctor of podiatric medicine, or its
equivalent, from a school of podiatric medicine approved by the
Secretary, and
(B) be licensed to practice podiatry in a State.
(6) Optometrist. - To be eligible to be appointed to an
optometrist position, a person must -
(A) hold the degree of doctor of optometry, or its equivalent,
from a school of optometry approved by the Secretary, and
(B) be licensed to practice optometry in a State.
(7) Pharmacist. - To be eligible to be appointed to a pharmacist
position, a person must -
(A) hold the degree of bachelor of science in pharmacy, or its
equivalent, from a school of pharmacy, approved by the Secretary,
and
(B) be registered as a pharmacist in a State.
(8) Psychologist. - To be eligible to be appointed to a
psychologist position, a person must -
(A) hold a doctoral degree in psychology from a college or
university approved by the Secretary,
(B) have completed study for such degree in a specialty area of
psychology and an internship which are satisfactory to the
Secretary, and
(C) be licensed or certified as a psychologist in a State,
except that the Secretary may waive the requirement of licensure
or certification for an individual psychologist for a period not
to exceed two years on the condition that that psychologist
provide patient care only under the direct supervision of a
psychologist who is so licensed or certified.
(9) Social Worker. - To be eligible to be appointed to a social
worker position, a person must -
(A) hold a master's degree in social work from a college or
university approved by the Secretary; and
(B) be licensed or certified to independently practice social
work in a State, except that the Secretary may waive the
requirement of licensure or certification for an individual
social worker for a reasonable period of time recommended by the
Under Secretary for Health.
(10) Chiropractor. - To be eligible to be appointed to a
chiropractor position, a person must -
(A) hold the degree of doctor of chiropractic, or its
equivalent, from a college of chiropractic approved by the
Secretary; and
(B) be licensed to practice chiropractic in a State.
(11) Other Health-Care Positions. - To be appointed as a
physician assistant, expanded-function dental auxiliary, certified
or registered respiratory therapist, licensed physical therapist,
licensed practical or vocational nurse, occupational therapist,
dietitian, microbiologist, chemist, biostatistician, medical
technologist, dental technologist, or other position, a person must
have such medical, dental, scientific, or technical qualifications
as the Secretary shall prescribe.
(c) Except as provided in section 7407(a) of this title, a person
may not be appointed in the Administration to a position listed in
section 7401(1) of this title unless the person is a citizen of the
United States.
(d) A person may not be appointed under section 7401(1) of this
title to serve in the Administration in any direct patient-care
capacity unless the Under Secretary for Health determines that the
person possesses such basic proficiency in spoken and written
English as will permit such degree of communication with patients
and other health-care personnel as will enable the person to carry
out the person's health-care responsibilities satisfactorily. Any
determination by the Under Secretary for Health under this
subsection shall be in accordance with regulations which the
Secretary shall prescribe.
(e) A person may not serve as Chief of Staff of a Department
health-care facility if the person is not serving on a full-time
basis.
(f) A person may not be employed in a position under subsection
(b) (other than under paragraph (4) of that subsection) if -
(1) the person is or has been licensed, registered, or
certified (as applicable to such position) in more than one
State; and
(2) either -
(A) any of those States has terminated such license,
registration, or certification for cause; or
(B) the person has voluntarily relinquished such license,
registration, or certification in any of those States after
being notified in writing by that State of potential
termination for cause.