38 U.S.C. § 1720A — Treatment and rehabilitative services for persons with drug or alcohol dependency
submitted 47 years ago by Pub. L. 96-22 to r/title-38-VETERANS-BENEFITS · 496 words · no verdicts yet
The Secretary may help employers provide jobs and training to rehabilitated veterans with alcohol- or drug-related disabilities. The Secretary must help ineligible applicants find outside services, may arrange care for service members who request it, and must ensure medical centers provide clinically proven substance-use treatment.
(a) After consulting the Secretary* of Labor and the Director of the Office of Personnel Management, the Secretary may take appropriate steps to: (1) urge Federal agencies and suitable private and public firms, organizations, agencies, and people to provide employment and training opportunities for veterans who received treatment and rehabilitation under this title for alcohol- or drug-dependence or abuse disabilities and whom competent medical authority found sufficiently rehabilitated to work; and (2) give the Secretary of Labor all possible help placing those veterans in such opportunities.
(b) When someone discharged or released from active military, naval, air, or space service* applies for treatment and rehabilitation under this title for such a disability* but is not eligible, the Secretary must: (1) provide referral services, as far as practicable, to help the person obtain treatment and rehabilitation outside the Department*; and (2) when relevant, tell the person about the right to ask the appropriate military service and the Department to review the discharge or release*.
(c)(1) A person serving in active military, naval, air, or space service whom the appropriate Secretary determines has such a disability may be transferred to a facility for care, treatment, and rehabilitation. The care and services must be provided as if the person were a veteran*. The transfer must follow terms agreed by the appropriate Secretary and the Secretary, subject to sections 1535 and 1536 of title 31. (2) A person may not be transferred under that agreement unless the person makes a written request for a specified period. The Secretary may not provide care beyond that period unless the person makes a written request for a further specified period and the Secretary approves it.
(d)(1) The Secretary must ensure that every Department medical center develops and carries out a plan to treat substance-use disorders, by referral or direct services, for veterans who need treatment. (2) Each plan must make clinically proven substance-abuse methods available, including opioid-substitution therapy, when a qualified medical professional decides those methods are appropriate.
The Secretary*, in consultation with the Secretary of Labor and the Director of the Office of Personnel Management, may take appropriate steps to (1) urge all Federal agencies and appropriate private and public firms, organizations, agencies, and persons to provide appropriate employment and training opportunities for veterans who have been provided treatment and rehabilitative services* under this title for alcohol or drug dependence or abuse disabilities and have been determined by competent medical authority to be sufficiently rehabilitated to be employable, and (2) provide all possible assistance to the Secretary of Labor in placing such veterans in such opportunities.
Upon receipt of an application for treatment and rehabilitative services under this title for an alcohol or drug dependence or abuse disability* from any individual who has been discharged or released from active military, naval, air, or space service* but who is not eligible for such treatment and services, the Secretary shall—
provide referral services to assist such individual, to the maximum extent practicable, in obtaining treatment and rehabilitative services from sources outside the Department*; and
if pertinent, advise such individual of such individual’s rights to apply to the appropriate military, naval, air, or space service and the Department for review of such individual’s discharge or release* from such service.
Any person serving in the active military, naval, air, or space service who is determined by the Secretary concerned* to have an alcohol or drug dependence or abuse disability may be transferred to any facility in order for the Secretary to furnish care or treatment and rehabilitative services for such disability. Care and services provided to a member so transferred shall be provided as if such member were a veteran*. Any transfer of any such member for such care and services shall be made pursuant to such terms as may be agreed upon by the Secretary concerned and the Secretary, subject to the provisions of sections 1535 and 1536 of title 31.
No person serving in the active military, naval, air, or space service may be transferred pursuant to an agreement made under paragraph (1) of this subsection unless such person requests such transfer in writing for a specified period of time. No such person transferred pursuant to such a request may be furnished such care and services by the Secretary beyond the period of time specified in such request unless such person requests in writing an extension for a further specified period of time and such request is approved by the Secretary.
The Secretary shall ensure that each medical center of the Department develops and carries out a plan to provide treatment for substance use disorders, either through referral or direct provision of services, to veterans who require such treatment.
Each plan under paragraph (1) shall make available clinically proven substance abuse treatment methods, including opioid substitution therapy, to veterans with respect to whom a qualified medical professional has determined such treatment methods to be appropriate.
Source credit: (Added Pub. L. 96–22, title I, § 104(a), June 13, 1979, 93 Stat. 50, § 620A; amended Pub. L. 96–128, title V, § 501(c), Nov. 28, 1979, 93 Stat. 987; Pub. L. 97–251, § 6, Sept. 8, 1982, 96 Stat. 716; Pub. L. 97–258, § 3(k)(1), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–108, § 3, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99–166, title I, § 101(a), (b)(1), Dec. 3, 1985, 99 Stat. 942, 943; Pub. L. 100–687, div. B, title XV, § 1509, Nov. 18, 1988, 102 Stat. 4137; Pub. L. 100–689, title V, § 502(a)(1), (b), Nov. 18, 1988, 102 Stat. 4179; Pub. L. 102–54, § 14(b)(13), June 13, 1991, 105 Stat. 284; renumbered § 1720A and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–86, title III, § 303, Aug. 14, 1991, 105 Stat. 416; Pub. L. 103–452, title I, § 103(b), Nov. 2, 1994, 108 Stat. 4786; Pub. L. 104–110, title I, § 101(b), Feb. 13, 1996, 110 Stat. 768; Pub. L. 105–114, title II, § 202(b), Nov. 21, 1997, 111 Stat. 2287; Pub. L. 106–117, title I, § 114, Nov. 30, 1999, 113 Stat. 1558; Pub. L. 106–419, title IV, § 404(a)(4), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 107–95, § 8(c), Dec. 21, 2001, 115 Stat. 920; Pub. L. 116–283, div. A, title IX, § 926(a)(25), Jan. 1, 2021, 134 Stat. 3830.)
- 1979Enacted · Pub. L. 96-22 · 93 Stat. 50
- 1979Amended · Pub. L. 96-128 · 93 Stat. 987
- 1982Amended · Pub. L. 97-251 · 96 Stat. 716
- 1982Amended · Pub. L. 97-258 · 96 Stat. 1065
- 1985Amended · Pub. L. 99-108 · 99 Stat. 481
- 1985Amended · Pub. L. 99-166 · 99 Stat. 942, 943
- 1988Amended · Pub. L. 100-687 · 102 Stat. 4137
- 1988Amended · Pub. L. 100-689 · 102 Stat. 4179
- 1991Amended · Pub. L. 102-54 · 105 Stat. 284
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404
- 1991Amended · Pub. L. 102-86 · 105 Stat. 416
- 1994Amended · Pub. L. 103-452 · 108 Stat. 4786
- 1996Amended · Pub. L. 104-110 · 110 Stat. 768
- 1997Amended · Pub. L. 105-114 · 111 Stat. 2287
- 1999Amended · Pub. L. 106-117 · 113 Stat. 1558
- 2000Amended · Pub. L. 106-419 · 114 Stat. 1864
- 2001Amended · Pub. L. 107-95 · 115 Stat. 920
- 2021Amended · Pub. L. 116-283 · 134 Stat. 3830
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-22 on 1979-06-13.
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