based upon the screening examinations and treatment provided under this subchapter. "8 653. Voluntary participation; confidentiality "(a) The participation by any person in any program or portion thereof under this subchapter shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program under this title. "(b) The Administrator shall promulgate rules and regulations to insure that all information and patient records prepared or obtained under this subchapter shall be held confidential except for (1) such information as the patient (or his guardian) requests in writing to be released or (2) statistical data compiled without reference to patient names or other identifying characteristics. "8 654. Reports "The Administrator shall include in the annual report to the Congress required by section 214 of this title a comprehensive report on the administration of this subchapter, including such recommendations for additional legislation as the Administrator deems necessary.". (b) The analysis at the beginning of such chapter is amended by adding at the end thereof: "653. Voluntary participation; confidentiality. TITLE II-AMENDMENTS TO CHAPTER 73 OF TITLE 38, SEC. 201. Section 4101 of title 38, United States Code, is amended 87 STAT. 187 Rules and regulations. Report to 72 Stat. 1243; 80 Stat. 1368. Health service personnel, education program. (c)(1) Within ninety days after enactment of this subsection, the Review agreeAdministrator, in consultation with the Chief Medical Director, is 87 STAT. 188 Reports to Administrator and Congress. Report to congressional committees. National Acad cooperation. directed to conclude negotiations for an agreement with the National "(3) The Administrator shall cooperate fully with the National emy of Sciences, Academy of Sciences, and make available to the Academy all such staff, information, records, and other assistance, and shall set aside for such purposes such sums, as are necessary to insure the success of the study.". 78 Stat. 409; 80 Stat. 1368. 81 Stat. 631; 84 Stat. 1092. Supra. 83 Stat. 864. SEC. 202. Section 4103 (a) of title 38, United States Code, is amended (1) by amending paragraph (4) to read as follows: "(4) Not to exceed eight Assistant Chief Medical Directors, who shall be appointed by the Administrator upon the recommendations of the Chief Medical Director. Not more than two Assistant Chief Medical Directors may be individuals qualified in the administration of health services who are not doctors of medicine, dental surgery, or dental medicine. One Assistant Chief Medical Director shall be a qualified doctor of dental surgery or dental medicine who shall be directly responsible to the Chief Medical Director for the operation of the Dental Service."; and (2) by amending paragraph (7) to read as follows: (7). A Director of Pharmacy Service, a Director of Dietetic Service, and a Director of Optometry, appointed by the Administrator." SEC. 203. Section 4107 of title 38, United States Code, is amended by (1) amending subsections (a) and (b) to read as follows: "(a) The per annum full-pay scale or ranges for positions provided in section 4103 of this title, other than Chief Medical Director and Deputy Chief Medical Director, shall be as follows: "Section 4103 Schedule "Associate Deputy Chief Medical Director, at the annual rate provided in section 5316 of title 5 for positions in level V of the Executive Schedule. "Assistant Chief Medical Director, $41,734. "Medical Director, $36,103 minimum to $40,915 maximum. "Director of Pharmacy Service, $31,203 minimum to $39,523 maximum. "Director of Dietetic Service, $31,203 minimum to $39,523 maximum. "Director of Optometry, $31,203 minimum to $39,523 maximum. "(b) (1) The grades and per annum full-pay ranges for positions provided for in paragraph (1) of section 4104 of this title shall be as follows: "Physician and Dentist Schedule "Director grade, $31,203 minimum to $39,523 maximum. "Nurse Schedule "Director grade, $26,898 minimum to $34,971 maximum. "Assistant Director grade, $23,088 minimum to $30,018 maximum. "(2) No person may hold the director grade in the 'Physician and Dentist Schedule' unless he is serving as a director of a hospital, domiciliary, center, or outpatient clinic (independent). No person may hold the executive grade unless he holds the position of chief of staff at a hospital, center, or outpatient clinic (independent), or comparable position."; and (2) adding at the end thereof the following new subsections: "(d) The limitations in section 5308 of title 5 shall apply to pay under this section. "(e) (1) In addition to the basic compensation provided for nurses in subsection (b) (1) of this section, a nurse shall receive additional compensation as provided by paragraphs (2) through (8) of this subsection. (2) A nurse performing service on a tour of duty, any part of which is within the period commencing at 6 postmeridian and ending at 6 antemeridian, shall receive additional compensation for each hour of service on such tour at a rate equal to 10 per centum of the employee's basic hourly rate, if at least four hours of such tour fall between 6 postmeridian and 6 antemeridian. When less than four hours of such tour fall between 6 postmeridian and 6 antemeridian, the nurse shall be paid the differential for each hour of work performed between those hours. (3) A nurse performing service on a tour of duty, any part of which is within the period commencing at midnight Saturday and ending at midnight Sunday, shall receive additional compensation for 87 STAT. 189 80 Stat. 434. 5 USC 4104. Pay limitation. 84 Stat. 1951. Additional compensation. 87 STAT. 190 Computation each hour of service on such tour at a rate equal to 25 per centum of such nurse's basic hourly rate. "(4) A nurse performing service on a holiday designated by Federal statute or Executive order shall receive such nurse's regular rate of basic pay, plus additional pay at a rate equal to such regular rate of basic pay, for that holiday work, including overtime work. Any service required to be performed by a nurse on such a designated holíday shall be deemed to be a minimum of two hours in duration. (5) A nurse performing officially ordered or approved hours of service in excess of forty hours in an administrative workweek, or in excess of eight hours in a day, shall receive overtime pay for each hour of such additional service; the overtime rates shall be one and one-half times such nurse's basic hourly rate, not to exceed one and one-half times the basic hourly rate for the minimum rate of Intermediate grade of the Nurse Schedule. For the purposes of this paragraph, overtime must be of at least fifteen minutes duration in a day to be creditable for overtime pay. Compensatory time off in lieu of pay for service performed under the provisions of this paragraph shall not be permitted. Any excess service performed under this paragraph on a day when service was not scheduled for such nurse, or for which such nurse is required to return to her place of employment, shall be deemed to be a minimum of two hours in duration. "(6) For the purpose of computing the additional compensation of additional provided by paragraph (2), (3), (4), or (5) of this subsection, a nurse's basic hourly rate shall be derived by dividing such nurse's annual rate of basic compensation by two thousand and eighty. pay. 5 USC 5551, "(7) When a nurse is entitled to two or more forms of additional pay under paragraph (2), (3), (4), or (5) for the same period of duty, the amounts of such additional pay shall be computed separately on the basis of such nurse's basic hourly rate of pay, except that no overtime pay as provided in paragraph (5) shall be payable for overtime service performed on a holiday designated by Federal statute or Executive order in addition to pay received under paragraph (4) for such service. "(8) A nurse who is officially scheduled to be on call outside such nurse's regular hours shall be compensated for each hour of such on-call duty, except for such time as such nurse may be called back to work, at a rate equal to 10 per centum of the hourly rate for excess service as provided in paragraph (5) of this subsection. "(9) Any additional compensation paid pursuant to this subsection shall not be considered as basic compensation for the purposes of subchapter VI and section 5595 of subchapter IX of chapter 55, chapter 81, 83, or 87 of title 5, or other benefits based on basic compensation.". SEC. 204. (a) Section 4108 of title 38, United States Code, is amended to read as follows: "§ 4108. Personnel administration "(a) Notwithstanding any law, Executive order, or regulation, the Administrator shall prescribe by regulation the hours and conditions of employment and leaves of absence of physicians, dentists, and nurses appointed to the Department of Medicine and Surgery, except that the hours of employment in carrying out responsibilities under this title of any physician, dentist (other than an intern or resident Post, p. 192. appointed pursuant to section 4114 of this title), or nurse appointed on a full-time basis who accepts responsibilities for carrying out professional services for remuneration other than those assigned under this title, shall consist of not less than eighty hours in a biweekly pay period 80 Stat. 475. (as that term is used in section 5504 of title 5), and no such person may "(1) assume responsibility for the medical care of any patient other than a patient admitted for treatment at a Veterans' Administration facility, except in those cases where the individual, upon request and with the approval of the Chief Medical Director, assumes such responsibilities to assist communities or medical practice groups to meet medical needs which would not otherwise be available for a period not to exceed one hundred and eighty calendar days, which may be extended by the Chief Medical Director for additional periods not to exceed one hundred and eighty calendar days each; (2) teach or provide consultative services at any affiliated institution if such teaching or consultation will, because of its nature or duration, conflict with his responsibilities under this title; 87 STAT, 191 VA physicians, dentists, and nurses, pro hibitions. 1396. "(3) accept payment under any insurance or assistance program established under subchapter XVIII, or XIX of chapter 7 of title 42 USC 1395, 42, or under chapter 55 of title 10 for professional services rendered by him while carrying out his responsibilities under this title; "(4) accept from any source, with respect to any travel performed by him in the course of carrying out his responsibilities under this title, any payment or per diem for such travel, other than as provided for in section 4111 of title 5; "(5) request or permit any individual or organization to pay, on his behalf, for insurance insuring him against malpractice claims arising in the course of carrying out his responsibilities under this title or for his dues or similar fees for membership in medical or dental societies or related professional associations, except where such payments constitute a part of his remuneration for the performance of professional responsibilities permitted under this section, other than those carried out under this title; and "(6) perform, in the course of carrying out his responsibilities under this title, professional services for the purpose of generating money for any fund or account which is maintained by an affiliated institution for the benefit of such institution, or for his personal benefit, or both, and in the case of any such fund or account established before the effective date of this subsection 10 USC 1071. 80 Stat. 437. Fund raising for affiliated insti tutions, prohibition. sure. "(A) the affiliated institution shall submit semiannually Fund, audit, an accounting to the Administrator and to the Comptroller public discloGeneral of the United States with respect to such fund or account, and thereafter shall maintain such fund or account subject to full public disclosure and audit by the Administrator and the Comptroller General for a period of three years or for such longer period as the Administrator shall prescribe, and "(B) no physician, dentist, or nurse may receive, after the effective date of this subsection, any cash from amounts deposited in such fund or account derived from services performed prior to the effective date of this subsection. "Affiliated "(b) As used in this section, the term 'affiliated institution' means any medical school or other institution of higher learning with which institution." the Administrator has a contract or agreement pursuant to section 4112(b) of this title for the training or education of health manpower. "(c) As used in this section, the term 'remuneration' means the "Remuneration." receipt of any amount of monetary benefit from any non-Veterans' Administration source in payment for carrying out any professional responsibilities.". |