38 U.S.C. § 7674 — Obligated service
submitted 28 years ago by Pub. L. 105-368 to r/title-38-VETERANS-BENEFITS · 562 words · no verdicts yet
This section explains when a scholarship participant's required VA service period begins and how the exact start date is set. The date generally depends on when they finish training and get licensed in their field.
(a) In General: Each participant must serve as a full-time Department* employee for the obligated period set in their agreement (entered into under section 7603), working full-time in their profession's clinical practice or in another health-care role, at an assignment or location the Secretary* decides.
(b) Determination of Service Commencement Date: (1) The Secretary must notify each participant of their service start date at least 60 days beforehand — that date is when the obligated-service period begins. (2) As soon as possible after that date, the Secretary must: (A) if the participant isn't already a full-time Veterans Health Administration employee, appoint them as one; or (B) if they're already a VHA employee but not working in the role their training prepared them for, reassign them to that role. (3) (A) For a participant with a degree in medicine, osteopathy, dentistry, optometry, or podiatry, the start date is when they become licensed to practice that profession in a state*. (B) For a nursing graduate, it's the later of finishing the course or becoming a licensed registered nurse in a state. (C) For anyone else, it's the later of finishing the course or meeting any applicable licensing or certification requirement. (4) The Secretary must set, by regulation, similar start-date rules for participants who were part-time students.
(c) Commencement of Obligated Service: (1) Except as in (2), a participant's obligated service is considered to begin: (A) on the date, after finishing their course, that they're appointed (under (b)) as a full-time Veterans Health Administration employee; or (B) if they're already a full-time VHA employee on their course-completion date, on the later date they're assigned to the role their training prepared them for. (2) If a participant is already a full-time VHA employee, working in the role their training prepared them for, on their course-completion date, their obligated service is considered to begin that same day.
(d) Course Completion Date Defined: This means the date a participant finishes their course of education or training under the Program.
Each participant in the Program shall provide service as a full-time employee of the Department* for the period of obligated service provided in the agreement of the participant entered into under section 7603 of this title. Such service shall be provided in the full-time clinical practice of such participant’s profession or in another health-care position in an assignment or location determined by the Secretary*.
Not later than 60 days before a participant’s service commencement date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant’s period of obligated service.
As soon as possible after a participant’s service commencement date, the Secretary shall—
in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint the participant as such an employee; and
in the case of a participant who is an employee in the Veterans Health Administration but is not serving in a position for which the participant’s course of education or training prepared the participant, assign the participant to such a position.
In the case of a participant receiving a degree from a school of medicine, osteopathy, dentistry, optometry, or podiatry, the participant’s service commencement date is the date upon which the participant becomes licensed to practice medicine, osteopathy, dentistry, optometry, or podiatry, as the case may be, in a State*.
In the case of a participant receiving a degree from a school of nursing, the participant’s service commencement date is the later of—
the participant’s course completion date; or
the date upon which the participant becomes licensed as a registered nurse in a State.
In the case of a participant not covered by subparagraph (A) or (B), the participant’s service commencement date is the later of—
the participant’s course completion date; or
the date the participant meets any applicable licensure or certification requirements.
The Secretary shall by regulation prescribe the service commencement date for participants who were part-time students. Such regulations shall prescribe terms as similar as practicable to the terms set forth in paragraph (3).
Except as provided in paragraph (2), a participant in the Program shall be considered to have begun serving the participant’s period of obligated service—
on the date, after the participant’s course completion date, on which the participant (in accordance with subsection (b)) is appointed as a full-time employee in the Veterans Health Administration; or
if the participant is a full-time employee in the Veterans Health Administration on such course completion date, on the date thereafter on which the participant is assigned to a position for which the participant’s course of training prepared the participant.
A participant in the Program who on the participant’s course completion date is a full-time employee in the Veterans Health Administration serving in a capacity for which the participant’s course of training prepared the participant shall be considered to have begun serving the participant’s period of obligated service on such course completion date.
In this section, the term “course completion date” means the date on which a participant in the Program completes the participant’s course of education or training under the Program.
Source credit: (Added Pub. L. 105–368, title VIII, § 802(a), Nov. 11, 1998, 112 Stat. 3354.)
- 1998Enacted · Pub. L. 105-368 · 112 Stat. 3354
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-368 on 1998-11-11.
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