Subsec. (f). Pub. L. 96-330, § 103(a), designated existing provisions as par. (1), and in par. (1) as so designated inserted reference to par. (2) and struck out reference to chapter 87 of title 5, and added pars. (2) and (3).

Subsec. (g). Pub. L. 96-330, § 104(a), added subsec.

(g).

Subsec. (h). Pub. L. 96-330, § 202, added subsec. (h). 1977-Subsec. (a)(1). Pub. L. 95-201, § 3(a)(1), substituted "the Administrator shall" for "he shall", "duration, of" for “duration of,”, and “specified period" for "specified number of years".

Subsec. (a)(3). Pub. L. 95-201, § 3(a)(2), added provisions relating to redeterminations by the Chief Medical Director, and substituted "in accordance with" for "pursuant to”.

Subsec. (e)(1). Pub. L. 95-201, § 3(a)(3), added provisions relating to agreements following agreements for refunds.

Subsec. (e)(2)(A). Pub. L. 95-201, § 3(a)(4), added ", or such lesser period of service as provided for in the final sentence of paragraph (1) of this subsection," following "service" and substituted "determines, in accordance with regulations prescribed under subsection (a) of this section," for ", pursuant to the regulations prescribed under this section, determines".

EFFECTIVE Date of 1980 AmendmenT

Section 102(e) of Pub. L. 96-330 provided that: "The amendments made by this section [amending subsecs. (a)(1), (b) to (d), and (e)(1) of this section] shall apply with respect to pay periods beginning after December 31, 1980."

EFFECTIVE DATE

Section 6(a), formerly 6(a)(1), of Pub. L. 94-123, as renumbered Pub. L. 96-330, title I, § 101, Aug. 26, 1980, 94 Stat. 1030, provided that: "The amendments made by section 2 of this Act [enacting this section, amending section 4107 of this title and sections 5314 and 5315 of Title 5, Government Organization and Employees, and enacting provisions set out as a note under this section] shall become effective on October 12, 1975."

CONGRESSIONAL Findings and DeclarATIONS OF
PURPOSE

Section 2(a) of Pub. L. 94-123 provided that: "The Congress hereby finds and declares (1) that the ceiling on the salary of physicians employed in the Department of Medicine and Surgery due to the Federal salary limitation under the Executive Schedule rates of pay in title 5, United States Code [set out in section 5311 et seq. of Title 5, Government Organization and Employees), accompanied by the sharp escalation in the cost of living since those rates of pay were last increased in 1969, has seriously impaired the recruitment and retention of qualified physicians by the Department of Medicine and Surgery in the Veterans' Administration; and (2) that the compensation provided to physicians and dentists in the Department of Medicine and Surgery has been rendered noncompetitive by virtue of the payment of special pay of up to $13,500 per annum, in addition to basic compensation and other benefits, to certain medical officers, and monthly special and continuation pay cumulating approximately half such amount to certain dental officers, of the uniformed services, pursuant to title 37 of the United States Code and Public Law 93-274 [enacting sections 302b and 313 of Title 37, Pay and Allowances of the Uniformed Services, and amending sections 302 and 311 of Title 37]. The Congress further finds and declares that these recruitment and retention difficulties have created an inequitable and demoralizing situation in the Department of Medicine and Surgery that threatens to erode seriously the ability of the Department to compete for the services of necessary health care professionals and thereby to continue to provide quality health care eligible to veterans."

REVIEW OF SPECIAL PAY PROGRAM; REPORTS TO
CONGRESSIONAL COMMITTEES

Section 3 of Pub. L. 94-123, Oct. 22, 1975, 89 Stat. 673, which directed the Administrator of Veterans' Affairs to submit a report each year to Congress regarding the operation of the special pay program under this section, was repealed by Pub. L. 96-330, title I, § 104(b), Aug. 26, 1980, 94 Stat. 1031. See subsec. (g) of this section.

CREDITING OF SPECIAL PAY FOR RETIREMENT AND INSURANCE PURPOSES; RIGHT OF ELECTION; ELECTION BY APRIL 1, 1981

Section 103(b) of Pub. L. 96-330 provided that: "(b)(1) Not later than January 1, 1981, the Administrator of Veterans' Affairs shall notify each employee of the Veterans' Administration who on October 1, 1980, was a full-time physician or dentist in the Department of Medicine and Surgery of the provisions of paragraph (2) of section 4118(f) of title 38, United States Code, as added by subsection (a), and include in such notice an explanation of the provisions of such paragraph and of the right of such employee to make an election under paragraph (2).

"(2) Each employee described in paragraph (1) may elect not to have additional compensation provided such employee as special pay under section 4118 of such title included as basic pay (as provided for under paragraph (2) of section 4118(f) of such title, as added by subsection (a)) for purposes of chapter 83 of title 5, United States Code. Any such election shall be in writing and shall be transmitted to the Administrator of Veterans' Affairs not later than April 1, 1981.” RECRUITMENT, RETENTION, PAY, AND ALLOWANCES OF PHYSICIANS AND DENTISTS; REPORTS TO CONGRESSIONAL COMMITTEES

Section 4 of Pub. L. 94-123, as amended by Pub. L. 96-470, title I, § 120, Oct. 19, 1980, 94 Stat. 2241, required the Comptroller General of the United States and the Director of the Office of Management and Budget, in consultation with the Administrator of Veterans' Affairs, the Secretaries of Defense and Health, Education, and Welfare, Chairman of the Civil Service Commission, and heads of appropriate Federal departments and agencies, to submit a report to Congress no later than Aug. 31, 1976, which report was to include, an investigation of the long and short term problems facing the Federal government in recruiting and retaining qualified physicians and dentists, an evaluation of the extent to which implementation of the uniform system of pay, allowances, and benefits would alleviate or solve these problems, suggested legislative and administrative courses and the cost evaluation thereof, a comprehensive analysis of existing laws and regulations regarding recruitment and retention of physicians and dentists, the existing recruitment, selection utilization and promotion practices of the Federal government and a comparison of rates of pay between physicians and dentists employed by the Federal government and those in private practice, required the Comptroller General in consultation with the Chief Medical Director of the Veterans' Administration, and heads of appropriate Federal departments and agencies, to submit a report to Congress, no later than March 1, 1977, which report was to analyze and investigate the recruitment and retention problems, both nationwide and geographically, of health care personnel other than physicians and dentists in the Department of Medicine and Surgery and suggest legislative and administrative course of action designed to alleviate and solve these problems and the cost estimate thereof.

REEMPLOYED ANNUITANTS SEPARATED BEFORE SEPTEMBER 30, 1978, FOR HAVING BECOME 70 YEARS OF AGE Section 102(a)(2) of Pub. L. 96-330 provided that: "Notwithstanding subsection (a)(2)(C) of section 4118

of title 38, United States Code, special pay may be paid under such section to a physician or dentist employed by the Department of Medicine and Surgery of the Veterans' Administration who is a reemployed annuitant if such physician or dentist was automatically separated before September 30, 1978, under section 8335(a) of title 5, United States Code, as in effect before such date, for having become 70 years of age." REEVALUATION OF SPECIAL PAY AGREEMENTS PROGRAM; REPORT TO CONGRESS; REGULATION REDUCING AMOUNT OF PRIMARY SPECIAL PAY

Section 3(b) of Pub. L. 95-201 provided that: "Prior to the execution after April 30, 1978, of any written agreement entered into with a physician or dentist under section 4118 of title 38, United States Code (as amended by subsection (a) of this section), (1) the Chief Medical Director of the Veterans' Administration shall reevaluate, in view of the executive level pay increase made pursuant to section 225 of the Federal Salary Act of 1967 [section 351 et seq. of Title 2, The Congress), effective February 27, 1977, with respect to the Veterans' Administration, the need for special-pay agreements, as authorized in such section 4118, in order to recruit and retain highly qualified physicians or dentists in each category of positions in the Department of Medicine and Surgery, and report to Congress not later than April 30, 1978, on the results of such reevaluation with respect to each such category; and (2) notwithstanding such section 4118, the Administrator of Veterans' Affairs, upon the recommendation of the Chief Medical Director and based upon such reevaluations, may promulgate a regulation reducing the amount of primary special pay for any such category to the extent the Administrator finds such primary special pay is not necessary to recruit and retain highly qualified physicians or dentists in such category. If a determination is made to reduce the amount of such primary special pay for any such category, the regulation promulgating the reduction shall be published in the Federal Register not less than thirty days prior to its effective date."

RETROACTIVE SPECIAL PAY AGREEMENTS Section 3(c) of Pub. L. 95-201 provided that: "The Administrator, not later than thirty days after the date of enactment of this Act [Nov. 23, 1977), may enter into, under section 4118 of title 38, United States Code (as amended by subsection (a) of this section), with any otherwise eligible physician or dentist who was appointed to a position in the Department of Medicine and Surgery in the Veterans' Administration during the period beginning on October 1, 1977, and ending on the date of enactment of this Act, a specialpay agreement providing for the payment of special pay to such physician or dentist retroactive to the date such physician or dentist was appointed to such position."

SPECIAL PAY AGREEMENTS

Section 6(a)(2) of Pub. L. 94-123, as amended by Pub. L. 94-581, title I, § 112, Oct. 21, 1976, 90 Stat. 2852; Pub. L. 95-201, § 2, Nov. 23, 1977, 91 Stat. 1429; Pub. L. 95-520, § 4, Oct. 26, 1978, 92 Stat. 1820, which provided that no agreement to provide special pay be entered into pursuant to this section after Sept. 30, 1981, was repealed by Pub. L. 96-330, title I, § 101, Aug. 26, 1980, 94 Stat. 1030.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4107 of this title; title 5 section 5102.

§ 4119. Relationship between this subchapter and other provisions of law

Notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is incon

sistent with any provision of this subchapter shall be considered to supersede, override, or otherwise modify such provision of this subchapter except to the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this subchapter, for such provision to be superseded, overridden, or otherwise modified.

(Added Pub. L. 96-330, title I, § 116(a)(1), Aug. 26, 1980, 94 Stat. 1039.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4114 of this title.

SUBCHAPTER II-REGIONAL MEDICAL

EDUCATION CENTERS

§ 4121. Designation of Regional Medical Education Centers

(a) In carrying out the Administrator's functions under section 4101 of this title with regard to the training of health manpower, the Administrator shall implement a pilot program under which the Administrator shall designate as Regional Medical Education Centers such Veterans' Administration hospitals as the Administrator determines appropriate to carry out the provisions of this subchapter in geographically dispersed areas of the United States.

(b) Each Regional Medical Education Center (hereinafter in this subchapter referred to as "Center") designated under subsection (a) of this section shall provide in-residence continuing medical and related education programs for medical and health personnel eligible for training under this subchapter, including (1) the teaching of newly developed medical skills and the use of newly developed medical technologies and equipment, (2) advanced clinical instruction, (3) the opportunity for conducting clinical investigations, (4) clinical demonstrations in the utilization of new types of health personnel and in the better utilization of the skills of existing health personnel, and (5) routine verification of basic medical skills and, where determined necessary, remediation of any deficiency in such skills.

(Added Pub. L. 92-541, § 3(a), Oct. 24, 1972, 86 Stat. 1107, and amended Pub. L. 94-581, title II, § 210(c)(9), Oct. 21, 1976, 90 Stat. 2864.)

AMENDMENTS

1976-Subsec. (a). Pub. L. 94-581 substituted "the Administrator's" for "his" and "the Administrator" for "he" in two places.

EFFECTIVE Date of 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 of Pub. L. 94-581, set out as a note under section 111 of this title.

SHORT TITLE

For short title of Pub. L. 92-541, Oct. 24, 1972, 86 Stat. 1101, which enacted this subchapter, see Short Title of 1972 Amendments note set out under section 101 of this title.

§ 4122. Supervision and staffing of Centers

(a) Centers shall be operated under the supervision of the Chief Medical Director and staffed with personnel qualified to provide the highest quality instruction and training in various medical and health care disciplines.

(b) As a means of providing appropriate recognition to persons in the career service of the Department of Medicine and Surgery who possess outstanding qualifications in a particular medical or health care discipline, the Chief Medical Director shall from time to time and for such period as the Chief Medical Director deems appropriate assign such persons to serve as visiting instructors at Centers.

(c) Whenever the Chief Medical Director deems it necessary for the effective conduct of the program provided for under this subchapter, the Chief Medical Director is authorized to contract for the services of highly qualified medical and health personnel from outside the Veterans' Administration to serve as instructors at such Centers.

(Added Pub. L. 92-541, § 3(a), Oct. 24, 1972, 86 Stat. 1107, and amended Pub. L. 94-581, title II, §§ 209(c)(7), 210(c)(10), Oct. 21, 1976, 90 Stat. 2862, 2864.)

AMENDMENTS

1976-Subsec. (b). Pub. L. 94-581, §§ 209(c)(7), 210(c)(10), substituted "persons" for "individuals" and "the Chief Medical Director deems" for "he deems".

Subsec. (c). Pub. L. 94-581, § 210(c)(10), substituted "the Chief Medical Director deems" for "he deems".

EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 of Pub. L. 94-581, set out as a note under section 111 of this title.

§ 4123. Personnel eligible for training

The Chief Medical Director shall determine the manner in which personnel are to be selected for training in the Centers. Preference shall be given to career personnel of the Department of Medicine and Surgery. To the extent that facilities are available, other medical and health personnel shall, on a fully reimbursable basis, be eligible for in-residence training in the Centers. Any proceeds to the Government received therefrom shall be credited to the applicable Veterans' Administration medical appropriation.

(Added Pub. L. 92-541, § 3(a), Oct. 24, 1972, 86 Stat. 1107, and amended Pub. L. 94-581, title I, § 113, Oct. 21, 1976, 90 Stat. 2852.)

AMENDMENTS

1976-Pub. L. 94-581 directed that proceeds to the Government be credited to the applicable Veterans' Administration medical appropriation.

EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 of Pub. L. 94-581, set out as a note under section 111 of this title.

§ 4124. Consultation

The Chief Medical Director shall carry out the provisions of this subchapter after consul

tation with the special medical advisory group established pursuant to section 4112(a) of this title.

(Added Pub. L. 92-541, § 3(a), Oct. 24, 1972, 86 Stat. 1108.)

SUBCHAPTER III-PROTECTION OF PATIENT RIGHTS

§ 4131. Informed consent

The Administrator, upon the recommendation of the Chief Medical Director and pursuant to the provisions of section 4134 of this title, shall prescribe regulations establishing procedures to ensure that all medical and prosthetic research carried out and, to the maximum extent practicable, all patient care furnished under this title shall be carried out only with the full and informed consent of the patient or subject or, in appropriate cases, a representative thereof.

(Added Pub. L. 94-581, title I, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2849.)

EFFECTIVE DATE

Subchapter effective Oct. 21, 1976, see section 211 of Pub. L. 94-581, set out as an Effective Date of 1976 Amendment note under section 111 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4134 of this title.

§ 4132. Confidentiality of certain medical records

(a) Records of the identity, diagnosis, prognosis, or treatment of any patient or subject which are maintained in connection with the performance of any program or activity (including education, training, treatment, rehabilitation, or research) relating to drug abuse, alcoholism or alcohol abuse, or sickle cell anemia which is carried out by or for the Veterans' Administration under this title shall, except as provided in subsection (e) of this section, be confidential, and (section 3301 of this title to the contrary notwithstanding) such records may be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b) of this section.

(b)(1) The content of any record referred to in subsection (a) of this section may be disclosed by the Administrator in accordance with the prior written consent of the patient or subject with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed by the Administrator pursuant to section 4134 of this title.

(2) Whether or not any patient or subject, with respect to whom any given record referred to in subsection (a) of this section is maintained, gives written consent, the content of such record may be disclosed by the Administrator as follows:

(A) To medical personnel to the extent necessary to meet a bona fide medical emergency.

(B) To qualified personnel for the purpose of conducting scientific research, manage

ment audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient or subject in any report of such research, audit, or evaluation, or otherwise disclose patient or subject identities in any

manner.

(C) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient or subject, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.

(3) In the event that the patient or subject who is the subject of any record referred to in subsection (a) of this section is deceased, the content of any such record may be disclosed by the Administrator only upon the prior written request of the next of kin, executor, administrator, or other personal representative of such patient or subject and only if the Administrator determines that such disclosure is necessary for such survivor to obtain benefits to which such survivor may be entitled, including the pursuit of legal action, but then only to the extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed pursuant to section 4134 of this title.

(c) Except as authorized by a court order granted under subsection (b)(2)(C) of this section, no record referred to in subsection (a) of this section may be used to initiate or substantiate any criminal charges against, or to conduct any investigation of, a patient or subject.

(d) The prohibitions of this section shall continue to apply to records concerning any person who has been a patient or subject, irrespective of whether or when such person ceases to be a patient.

(e) The prohibitions of this section shall not prevent any interchange of records

(1) within and among those components of the Veterans' Administration furnishing health care to veterans, or determining eligibility for benefits under this title; or

(2) between such components furnishing health care to veterans and the Armed Forces.

(f) Any person who violates any provision of this section or any regulation issued pursuant to this section shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense.

(Added Pub. L. 94-581, title I, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2849.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 653, 4134 of this title.

§ 4133. Nondiscrimination in the admission of alcohol and drug abusers to Veterans' Administration health care facilities

Veterans eligible for treatment under chapter 17 of this title who are alcohol or drug abusers and who are suffering from medical disabilities shall not be discriminated against in admission or treatment, solely because of their alcohol or drug abuse or dependence, by any Veterans' Administration health care facility. The Administrator, pursuant to the provisions of section 4134 of this title, shall prescribe regulations for the enforcement of this nondiscrimination policy with respect to the admission and treatment of such eligible veterans who are alcohol or drug abusers.

(Added Pub. L. 94-581, title I, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2850.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4134 of this title.

§ 4134. Coordination; reports

(a) Regulations prescribed pursuant to section 4131 of this title, section 4132 of this title with respect to the confidentiality of alcohol and drug abuse medical records, and section 4133 of this title, shall, to the maximum extent feasible consistent with other provisions of this title, make applicable the regulations governing

(1) human experimentation and informed consent prescribed by the Secretary of Health and Human Services, based on the recommendations of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, established by section 201 of the National Research Act, as amended (Public Law 93-348; 88 Stat. 348), and

(2)(A) the confidentiality of drug and alcohol abuse medical records, and (B) the admission of drug and alcohol abusers to private and public hospitals, prescribed pursuant to the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, as amended (42 U.S.C. 4551 et seq.), and the Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. 1101 et seq.),

to the conduct of research and to the provision of hospital care, nursing home care, domiciliary care, and medical services under this title. Such regulations may contain such definitions, and may provide for such safeguards and procedures (including procedures and criteria for the issuance and scope of court orders under section 4132(b)(2)(C) of this title) as are necessary to prevent circumvention or evasion thereof, or to facilitate compliance therewith. In prescribing and implementing regulations pursuant to this subsection, the Administrator shall, from time to time, consult with the Secretary of Health and Human Services, and, as appropriate, the President (or the delegate of the President), in order to achieve the maximum possible coordination of the regulations, and the im

plementation thereof, which they and the Administrator prescribe.

(b) Not later than sixty days after the effective date of this subsection, the Administrator shall submit to the appropriate committees of the House of Representatives and the Senate a full report with respect to the regulations (including guidelines, policies, and procedures thereunder) prescribed pursuant to subsection (a) of this section. Such report shall include (1) an explanation of any inconsistency between such regulations and the regulations of the Secretary referred to in such subsection (a); (2) an account of the extent, substance, and results of consultations with the Secretary (or Director, as appropriate) respecting the prescribing and implementation of the Administrator's regulations; and (3) such recommendations for legislation and administrative actions as the Administrator determines are necessary and desirable. The Administrator shall timely publish such report in the Federal Register.

(Added Pub. L. 94-581, title I, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2851, and amended Pub. L. 97-295, § 4(87), Oct. 12, 1982, 96 Stat. 1312.)

REFERENCES IN TEXT

Section 201 of the National Research Act, as amended, (Public Law 93-348; 88 Stat. 348), referred to in subsec. (a)(1), is section 201 of Pub. L. 93-348, title II, July 12, 1974, 88 Stat. 348, as amended, which was set out as a note under section 2891-1 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 95-622, title III, § 302(b), Nov. 9, 1978, 92 Stat. 3442. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, as amended (42 U.S.C. 4551 et seq.), referred to in subsec. (a)(2), is Pub. L. 91-616, Dec. 31, 1970, 84 Stat. 1848, as amended, which is classified principally to chapter 60 (§ 4541 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 4541 of Title 42 and Tables. The Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. 1101 et seq.), referred to in subsec. (a)(2), which was redesignated the Drug Abuse Prevention, Treatment, and Rehabilitation Act, is Pub. L. 92-255, Mar. 21, 1972, 86 Stat. 65, as amended, which is classified principally to chapter 16 (§ 1101 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 21 and Tables.

The effective date of this subsection, referred to in subsec. (b), means the effective date of section 111(a)(1) of Pub. L. 94-581, which is Oct. 21, 1976.

AMENDMENTS

1982-Subsec. (a). Pub. L. 97-295 substituted "Health and Human Services" for "Health, Education, and Welfare" wherever appearing, and substituted "the President (or the delegate of the President)" for "the Director of the Office of Drug Abuse Policy (or any successor authority)".

TERMINATION OF COMMISSION

For provisions as to termination of the National Commission for the Protection of Human Subjects of Biochemical and Behavioral Research, see section 204 (d) and (e) set out as a note under section 2891-1 of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4131, 4132, 4133 of this title.

SUBCHAPTER IV-VETERANS' ADMINISTRATION HEALTH PROFESSIONAL SCHOLARSHIP PROGRAM

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4118 of this title.

§ 4141. Establishment of program; purpose; duration

(a) There is hereby established a program to be known as the Veterans' Administration Health Professional Scholarship Program (hereinafter in this subchapter referred to as the "Scholarship Program"). The purpose of the Scholarship Program is to assist in providing an adequate supply of trained physicians and nurses for the Veterans' Administration and for the Nation and, if needed by the Veterans' Administration, other health-care professionals appointed under subchapter I of this chapter.

(b) The Administrator may not furnish scholarships to new participants in the Scholarship Program after the last day of the tenth fiscal year beginning after the first such scholarship is approved by the Administrator. (Added Pub. L. 96-330, title II, § 201(a)(1), Aug. 26, 1980, 94 Stat. 1041.)

§ 4142. Eligibility; application; written contract

(a) To be eligible to participate in the Scholarship Program, an individual must—

(1) be accepted for enrollment, or be enrolled, as a student (A) in an accredited (as determined by the Administrator) educational institution in a State, and (B) in a course of training offered by such institution and approved by the Administrator, leading to a degree in medicine, osteopathy, dentistry, podiatry, optometry, or nursing or a course of training to become a physician assistant or expanded-function dental auxiliary;

(2) submit an application to the Administrator for participation in the Scholarship Program;

(3) sign and submit to the Administrator, at the time of submission of such application, a written contract (described in subsection (e) of this section) to accept payment of a scholarship and to serve a period of obligated service as provided in section 4143 of this title; and

(4) at the time of submission of such application, not be obligated under any other Federal program to perform service after completion of the course of study or program of such individual referred to in clause (1) of this subsection.

To be accepted as a participant in the Scholarship Program, an individual must be accepted for enrollment or be enrolled (as described in clause (1) of this subsection) as a full-time student, except that an individual who is a Veterans' Administration employee described in subsection (g)(1) of this section may be accepted as a participant if accepted for enrollment or enrolled (as described in clause (1) of this subsection) for study on less than a full-time but not less than a half-time basis. (Such a participant