105 STAT. 224 PUBLIC LAW 102-40—MAY 7, 1991 Regulations. Regulations. Records. ity unless the Chief Medical Director 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 Chief Medical Director under this subsection shall be in accordance with regulations which the Secretary shall prescribe. "(e) 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. "§ 7403. Period of appointments; promotions "(a)(1) Appointments under this chapter of health-care professionals to whom this section applies may be made only after qualifications have been satisfactorily established in accordance with regulations prescribed by the Secretary, without regard to civilservice requirements. "(2) This section applies to the following persons appointed under this chapter: "(A) Physicians. . '>•'• "(B) Dentists. "(C) Podiatrists. "(D) Optometrists. "(E) Nurses. "(F) Physician assistants. "(G) Expanded-function dental auxiliaries. "(b)(1) Appointments described in subsection (a) shall be for a probationary period of two years. "(2) The record of each person serving under such an appointment in the Medical, Dental, and Nursing Services shall be reviewed from time to time by a board, appointed in accordance with regulations of the Secretary. If such a board finds that such person is not fully qualified and satisfactory, such person shall be separated from the service. "(c) Promotions of persons to whom this section applies shall be made only after examination given in accordance with regulations prescribed by the Secretary. Advancement within grade may be made in increments of the minimum rate of basic pay of the grade in accordance with regulations prescribed by the Secretary. "(d) In determining eligibility for reinstatement in the Federal civil service of persons appointed to positions in the Administration under this chapter who at the time of appointment have a civilservice status, and whose employment in the Administration is terminated, the period of service performed in the Administration shall be included in computing the period of service under applicable civil-service rules and regulations. "(e) In accordance with regulations prescribed by the Secretary, the grade and annual rate of basic pay of a person to whom this section applies whose level of assignment is changed from a level of assignment in which the grade level is based on both the nature of the assignment and personal qualifications may be adjusted to the grade and annual rate of basic pay otherwise appropriate. "(f)(1) Upon the recommendation of the Chief Medical Director, the Secretary may— "(A) use the authority in subsection (a) to establish the qualifications for and (subject to paragraph (2)) to appoint individuals to positions listed in section 7401(3) of this title; and
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