Page:United States Statutes at Large Volume 105 Part 1.djvu/231

 publication. PUBLIC LAW 102-40—MAY 7, 1991 105 STAT. 203 merit in a position listed in section 7401(1) of this title (other than interns and residents appointed pursuant to section 7406 of this title). ^ i < "(2) A major adverse action is an adverse action which in- " eludes any of the following: "(A) Suspension. "(B) Transfer. "(C) Reduction in grade. "(D) Reduction in basic pay. "(E) Discharge. "(3) A question of professional conduct or competence is a question involving any of the following: "(A) Direct patient care. "(B) Clinical competence. "(d) An issue of whether a matter or question concerns, or arises out of, professional conduct or competence is not itself subject to any grievance procedure provided by law, regulation, or collective bargaining and may not be reviewed by any other agency. "(e) Whenever the Secretary proposes to prescribe regulations Federal under this subchapter, the Secretary shall publish the proposed ^^^J^„ regulations in the Federal Register for notice-and-comment not less than 30 days before the day on which they take effect. "§ 7462. Mtgor adverse actions involving professional conduct or competence "(a)(1) Disciplinary Appeals Boards appointed under section 7464 of this title shall have exclusive jurisdiction to review any case— "(A) which arises out of (or which includes) a question of professional conduct or competence of a section 7401(1) employee; and "(B) in which a major adverse action was taken. "(2) The board shall include in its record of decision in any mixed CEise a statement of the board's exclusive jurisdiction under this subsection and the basis for such exclusive jurisdiction. "(3) For purposes of paragraph (2), a mixed case is a case that includes both a major adverse action arising out of a question of professional conduct or competence and an adverse action which is not a major adverse action or which does not arise out of a question of professional conduct or competence. "(b)(1) In any case in which charges are brought against a section 7401(1) employee which arises out of, or includes, a question of professional conduct or competence which could result in a major adverse action, the employee is entitled to the following: "(A) At least 30 days advance written notice from the Chief Medical Director or other charging official specifically stating the basis for each charge, the adverse actions that could be taken if the charges are sustained, and a statement of any specific law, regulation, policy, procedure, practice, or other specific instruction that has been violated with respect to each charge, except that the requirement for notification in advance may be waived if there is reasonable cause to believe that the employee has committed a crime for which the employee may be imprisoned. "(B) A reasonable time, but not less than seven days, to present an answer orally and in writing to the Chief Medical Director or other deciding official, who shall be an official

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