Page:United States Statutes at Large Volume 105 Part 1.djvu/254

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105 STAT. 226 PUBLIC LAW 102-40—MAY 7, 1991 "Senior grade. "Intermediate grade. " Full grade. "Associate grade. "(2) A person may not hold the director grade in the Physician and Dentist Schedule unless the person is serving as a director of a hospital, domiciliary, center, or outpatient clinic (independent). A person may not hold the executive grade in that Schedule unless the person holds the position of chief of staff at a hospital, center, or outpatient clinic (independent), or comparable position. "(c) Notwithstanding the provisions of section 7425(a) of this title, a person appointed under section 7306 of this title who is not eligible for special pay under subchapter III shall be deemed to be a career appointee for the purposes of sections 4507 and 5384 of title 5. "(d) Except as provided under subchapter III and in section 7457 of this title, pay may not be paid at a rate in excess of the rate of basic pay for an appropriate level authorized by section 5315 or 5316 of title 5 for positions in the Executive Schedule, as follows: "(1) Level IV for the Deputy Chief Medical Director. "(2) Level V for all other positions for which such basic pay is paid under this section. "§7405. Temporary full-time appointments, part-time appointments, and without-compensation appointments "(a) The Secretary, upon the recommendation of the Chief Medical Director, may employ, without regard to civil service or classification laws, rules, or regulations, personnel as follows: "(1) On a temporary full-time basis, part-time basis, or without compensation basis, persons in the following positions: "(A) Positions listed in section 7401(1) of this title. "(B) Certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, and occupational therapists. "(C) Dietitians, social workers, and librarians. "(D) Other professional, clerical, technical, and unskilled personnel (including interns, residents, trainees, and students in medical support programs). "(2) On a fee basis, persons in the following positions: "(A) Positions listed in section 7401(1) of this title. "(B) Certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, and occupational therapists. "(C) Other professional and technical personnel. "(b) Personnel employed under subsection (a)— "(1) shall be in addition to personnel described in section 7306, pargigraphs (1) and (3) of section 7401, and section 7408 of this title; and "(2) shall be paid such rates of pay as the Secretary may prescribe. "(c)(1) Temporary full-time appointments under this section of persons in positions listed in section 7401(1) of this title may be for a period in excess of 90 days only if the Chief Medical Director finds that circumstances render it impracticable to obtain the necessary services through appointments under that section. "(2) Temporary full-time appointments of persons who have successfully completed a full course of nursing in a recognized school of nursing, approved by the Secretary, or who have successfully