38 U.S.C. § 7414: Compliance with requirements for examining qualifications and clinical abilities of health care professionals

the professional licensure, certification, or registration of the health care professional; whether the health care professional holds a Drug Enforcement Administration registration; and the education, training, experience, malpractice history, and clinical competence of the health care professional; and continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration. determine the circumstances in which a medical center of the Department must obtain a waiver under section 302(d) of the Controlled Substances Act ( 21 U.S.C. 822(d) ) with respect to covered health care professionals; and establish a process for medical centers to request such waivers. In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforcement Administration registrations of covered health care professionals at such medical center in a manner that ensures the medical center is made aware of any change in status in the registration by not later than seven days after such change in status. Obtain a waiver pursuant to paragraph (2). Transfer the health care professional to a position that does not require prescribing, dispensing, administering, or conducting research with controlled substances. Take appropriate actions under subchapter V of this chapter, with respect to an employee of the Department, or take appropriate contract administration actions, with respect to a contractor of the Department. ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care professional of the Department located at the medical center, including with respect to the safety of such care; and timely and documented reviews of such care if an individual notifies the Secretary of any potential concerns relating to a failure of a health care professional of the Department to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. determining the period by which a medical center of the Department must initiate the review of a concern described in subparagraph (B) of such paragraph following the date on which the concern is received; and ensuring the compliance of each medical center with such policy. The appropriate licensing, registration, or certification body in each State in which the health care professional is licensed, registered, or certified. The Drug Enforcement Administration. The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq.). Any other relevant entity. The Secretary may not enter into a settlement agreement relating to an adverse action against a health care professional of the Department if such agreement includes terms that require the Secretary to conceal from the personnel file of the employee a serious medical error or lapse in clinical practice that constitutes a substantial failure to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. the right of an employee to appeal a quality of care determination; or the rights of an employee under sections 1214 and 1221 of title 5. Compiling, validating, or reviewing the credentials of health care professionals of the Department. Reviewing the quality of clinical care delivered by health care professionals of the Department. Taking adverse privileging actions or making determinations relating to other disciplinary actions or employment actions against health care professionals of the Department for reasons relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. Making notifications under subsection (d). The term “controlled substance” has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). The term “covered health care professional” means an individual employed in a position as a health care professional of the Department, or a contractor of the Department, that requires the individual to be authorized to prescribe, dispense, administer, or conduct research with, controlled substances. The term “Drug Enforcement Administration registration” means registration with the Drug Enforcement Administration under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) 302 of the Controlled Substances Act ( 21 U.S.C. 822 ) by health care practitioners authorized to dispense, prescribe, administer, or conduct research with, controlled substances. The term “health care professional of the Department” means an individual working for the Department in a position described in section 7401 of this title , including a contractor of the Department serving in such a position. With respect to subsections (a), (c)(2), (d), and (f) of such section, not later than 180 days after the date of the enactment of this Act [ Dec. 29, 2022 ]. With respect to subsection (c)(1) of such section, not later than one year after the date of the enactment of this Act. With respect to subsection (b)(2) of such section, not later than 18 months after the date of the enactment of this Act.” The Secretary of Veterans Affairs shall carry out annual audits of the compliance of medical centers of the Department of Veterans Affairs with the matters required by section 7414 of title 38 , United States Code, as added by subsection (a). may not authorize the medical center being audited to conduct the audit; and may enter into an agreement with another department or agency of the Federal Government or a nongovernmental entity to conduct such audits. Not later than one year after the date of the enactment of this Act [ Dec. 29, 2022 ], and annually thereafter for five years, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the audits conducted under paragraph (1). Each report submitted under subparagraph (A) shall include a summary of the compliance by each medical center of the Department of Veterans Affairs with the matters required by section 7414 of title 38 , United States Code, as added by subsection (a). A description of the progress made by the Secretary in implementing section 7414 of title 38 , United States Code, as added by subsection (a), including any matters under such section that the Secretary has not fully implemented. An analysis of the feasibility, advisability, and cost of requiring credentialing employees of the Department to be trained by an outside entity and to maintain a credentialing certification.”