Daily Rules, Proposed Rules, and Notices of the Federal Government
As part of its implementation of Public Law 108-170, the Department of Veterans Affairs proposes to revise its Directive and Handbook 5021, Employee/Management Relations, to clarify that chiropractors now have the same right to appeal major adverse actions to Disciplinary Appeal Boards and grieve certain actions as other title 38 employees. The revisions that are the subject of this notice will amend portions of the following regulations: VA Directive 5021, Appendix A, sections A.3, B.1.b.(1), B.2.b, B.2.c., B.4.a-d., and B.4.f. The revisions also would amend the following portions of VA Handbook 5021: Part 1, Chapter 3, section 3.a.; Part III, Chapter 1, section 1, third note to section 2., and sections 3.a., and 3.h.(5); and Part IV, Chapter 3 (title), sections 1.b.(1), 2.b. and 2.c. In some of these sections, the word "chiropractors" has been added to a listing of occupations appointed under 38 U.S.C. 7401(1). In the other sections, Public Law 108-170 has been added to an existing list of statutory references. In all cases, the words or phrases that are proposed to be added to the regulations are shown in brackets. Only those sections of the existing regulations that contain proposed changes are included in this notice.
Title 38 U.S.C. 7461(e) requires that “[w]henever the Secretary proposes to prescribe regulations [relating to Disciplinary and Grievance Procedures] under this subchapter, the Secretary shall publish the proposed regulations in the
38 U.S.C. 501(a), 7421.
b. Employee Coverage
(1) This section applies to all physicians, dentists, podiatrists, optometrists, [chiropractors,] nurses, nurse anesthetists, physician assistants, and expanded-function dental auxiliaries who are not on time-limited appointments.
b. [Section 302 of the Veterans Healthcare, Capital Asset and Business Improvement Act of 2003 (Pub. L. 108-170].
[c.] 38 U.S.C. 501(a), 7421, [ ] 7461-7464.
38 U.S.C. 501(a), 7421, [ ] 7461-7464.
a. Physicians, dentists, nurses, nurse anesthetists, expanded-function dental auxiliaries, physician assistants, podiatrists, [chiropractors,] optometrists, and other health care professionals appointed under 38 U.S.C. 74 (see part II of this handbook).
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h. Action on Board Recommendations.
(1) This chapter applies to all permanent and probationary physicians, dentists, podiatrists, [chiropractors,] optometrists, nurses, nurse anesthetists, physician assistants, and expanded-function dental auxiliaries.
b. [Section 302 of the Veterans Healthcare, Capital Asset and Business Improvement Act of 2003 (Pub. L. 108-170)].
[c.] 38 U.S.C. 501(a), 512(a), 7421, [ ] 7461-7464.