Federal · Title 38 — Veterans’ Benefits
38 U.S.C. § 7402: Qualifications of appointees
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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. hold the degree of doctor of medicine or of doctor of osteopathy from a college or university approved by the Secretary, have completed an internship satisfactory to the Secretary, and be licensed to practice medicine, surgery, or osteopathy in a State. hold the degree of doctor of dental surgery or dental medicine from a college or university approved by the Secretary, and be licensed to practice dentistry in a State. have successfully completed a full course of nursing in a recognized school of nursing, approved by the Secretary, and be registered as a graduate nurse in a State. 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. hold the degree of doctor of podiatric medicine, or its equivalent, from a school of podiatric medicine approved by the Secretary, and be licensed to practice podiatry in a State. hold the degree of doctor of optometry, or its equivalent, from a school of optometry approved by the Secretary, and be licensed to practice optometry in a State. hold the degree of bachelor of science in pharmacy, or its equivalent, from a school of pharmacy, approved by the Secretary, and be registered as a pharmacist in a State. hold a doctoral degree in psychology from a college or university approved by the Secretary, have completed study for such degree in a specialty area of psychology and an internship which are satisfactory to the Secretary, and 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. hold a master’s degree in social work from a college or university approved by the Secretary; and 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. hold a master’s degree in marriage and family therapy, or a comparable degree in mental health, from a college or university approved by the Secretary; and be licensed or certified to independently practice marriage and family therapy in a State, except that the Secretary may waive the requirement of licensure or certification for an individual marriage and family therapist for a reasonable period of time recommended by the Under Secretary for Health. hold a master’s degree or doctoral degree in mental health counseling, or a related field, from a college or university approved by the Secretary; and be licensed or certified to independently practice mental health counseling. hold the degree of doctor of chiropractic, or its equivalent, from a college of chiropractic approved by the Secretary; and be licensed to practice chiropractic in a State. be a veteran who has recovered or is recovering from a mental health condition; and a not-for-profit entity engaged in peer specialist training as having met such criteria as the Secretary shall establish for a peer specialist position; or a State as having satisfied relevant State requirements for a peer specialist position. 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, hearing aid specialist, or other position, a person must have such medical, dental, scientific, or technical qualifications as the Secretary shall prescribe. 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. 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. 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. the person is or has been licensed, registered, or certified (as applicable to such position) in more than one State; and any of those States has terminated such license, registration, or certification for cause; or 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. peer specialist training to veterans; and certification for veterans under subsection (b)(13)(B)(i). Not later than 180 days after the date of the enactment of this Act [ Oct. 17, 2020 ], the Secretary of Veterans Affairs shall prescribe the technical qualifications required under section 7402(b)(14) of title 38 , United States Code, to be appointed as a licensed hearing aid specialist under section 7401(3) of such title. the standards for licensure of hearing aid specialists that are required by a majority of States; any competencies needed to perform tasks and services commonly performed by hearing aid specialists pursuant to such standards; and any competencies needed to perform tasks specific to providing care to individuals under the laws administered by the Secretary. The Secretary shall retain the authority to set and maintain the duties for licensed hearing aid specialists appointed under section 7401(3) of title 38 , United States Code, for the purposes of the employment of such specialists with the Department of Veterans Affairs. Not later than September 30, 2022 , the Secretary shall appoint not fewer than one licensed hearing aid specialist at each medical center of the Department. assessing the progress of the Secretary in appointing licensed hearing aid specialists under subsection (c); assessing potential conflicts or obstacles that prevent the appointment of licensed hearing aid specialists; assessing the factors that led to such conflicts or obstacles; assessing access of patients to comprehensive hearing health care services from the Department consistent with the requirements under section 4(b) of the Veterans Mobility Safety Act of 2016 ( Public Law 114–256 ; 38 U.S.C. 7401 note), including an assessment of the impact of infrastructure and equipment limitations on wait times for audiologic care; and indicating the medical centers of the Department with vacancies for audiologists or licensed hearing aid specialists.”
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