97 STAT. 1000 PUBLIC LAW 98-160—NOV. 21, 1983 TITLE II—PROVISIONS TO IMPROVE THE RECRUITMENT AND RETENTION OF CERTAIN HEALTH-CARE PERSONNEL AUTHORITY FOR CERTAIN APPOINTMENTS 38 USC 4104. SEC. 201. Section 4104 is amended— (1) by striking out "physical therapists," in paragraph (2); (2) by striking out "bacteriologists" in paragraph (2) and inserting in lieu thereof "microbiologists"; (3) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and (4) by adding at the end the following new paragraph: "(3) Certified or registered respiratory therapists, licensed physical therapists, and licensed practical or vocational nurses.". QUALIFICATIONS OF APPOINTEES 38 USC 4105. SEC. 202. (a) Section 4105(a) is amended— (1) by striking out "Physicians" in clause (1) and inserting in lieu thereof "Physician"; (2) by striking out clauses (8) and (9); (3) by redesignating clause (10) as clause (8) and by striking out the period at the end of such clause and inserting in lieu thereof a semicolon and "and"; and (4) by adding at the end the following new clause: "(9) 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— "have such medical, dental, scientific, or technical qualifica- tions as the Administrator shall prescribe.". (b) Section 41050t)) is amended by striking out "as physician" and all that follows through "auxiliary" and inserting in lieu thereof "to a position listed in section 4104(1) of this title". APPOINTMENTS AND PROMOTIONS 38 USC 4106. SEC. 203. (a) Section 4106 is amended by adding at the end the following new subsection: "(g)(1) Upon the recommendation of the Chief Medical Director, the Administrator (A) may usc the authority in subsection (a) of this section to establish the qualifications for and (subject to paragraph (2) of this subsection) to appoint individuals to positions listed in Supra. section 4104(3) of this title, and (B) may usc the authority provided in subsection (c) of this section for the promotion and advancement of Veterans' Administration employees serving in such positions. "(2) In using such authority to appoint individuals to such posi- tions, the Administrator shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I 5 USC 3301. of chapter 33 of title 5.". Publication in (b)(1) Not later than 90 days after the date of the enactment of this Federal^ Act, the Administrator of Veterans' Affairs shall publish in the 3 USC'^4i06 Federal Register, for public review and comment for a period of not note. l6ss than 30 days, proposed regulations for the continued implemen-
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