Page:United States Statutes at Large Volume 124.djvu/1194

 124 STAT. 1168 PUBLIC LAW 111–163—MAY 5, 2010 ‘‘(ii) that would otherwise receive basic pay in accordance with the General Schedule under section 5332 of title 5; ‘‘(iii) provide, as determined by the Secretary, direct patient care services or services incident to direct patient services; and ‘‘(iv) would not otherwise be available to provide medical care or treatment for veterans. ‘‘(B) Not later than 45 days before the Secretary appoints any personnel for a class of health care occupa- tions that is not specifically listed in this paragraph, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and the Office of Manage- ment and Budget notice of such appointment. ‘‘(C) Before submitting notice under subparagraph (B), the Secretary shall solicit comments from any labor organization representing employees in such class and include such comments in such notice.’’. (2) APPOINTMENT OF NURSE ASSISTANTS.—Such paragraph is further amended by inserting ‘‘nurse assistants,’’ after ‘‘licensed practical or vocational nurses,’’. (b) PROBATIONARY PERIODS FOR REGISTERED NURSES.—Section 7403(b) is amended— (1) in paragraph (1), by striking ‘‘Appointments’’ and inserting ‘‘Except as otherwise provided in this subsection, appointments’’; (2) by redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following new para- graphs: ‘‘(2) With respect to the appointment of a registered nurse under this chapter, paragraph (1) shall apply with respect to such appointment regardless of whether such appointment is on a full- time basis or a part-time basis. ‘‘(3) An appointment described in subsection (a) on a part- time basis of a person who has previously served on a full-time basis for the probationary period for the position concerned shall be without a probationary period.’’. (c) PROHIBITION ON TEMPORARY PART-TIME REGISTERED NURSE APPOINTMENTS IN EXCESS OF 2 YEARS.—Section 7405 is amended by adding at the end the following new subsection: ‘‘(g)(1) Except as provided in paragraph (3), employment of a registered nurse on a temporary part-time basis under subsection (a)(1) shall be for a probationary period of two years. ‘‘(2) Except as provided in paragraph (3), upon completion by a registered nurse of the probationary period described in paragraph (1)— ‘‘(A) the employment of such nurse shall— ‘‘(i) no longer be considered temporary; and ‘‘(ii) be considered an appointment described in section 7403(a) of this title; and ‘‘(B) the nurse shall be considered to have served the proba- tionary period required by section 7403(b). ‘‘(3) This subsection shall not apply to appointments made on a term limited basis of less than or equal to three years of— Deadline. Notification.