Page:United States Statutes at Large Volume 87.djvu/225

 87 STAT. ]

PUBLIC LAW 93-82-AUG. 2, 1973

193

pertinent thereto and make proper deposits thereof, and shall maintain all records pertinent to the leave accrued by such intern and resident for the period during which he serves in a participating hospital, including a Veterans' Administration hospital. Such leave may be pooled, and the intern or resident may be atforded leave by the hospital in which he is serving at the time the leave is to be used to the extent of his total accumulated leave, whether or not earned at the hospital in which he is serving at the time the leave is to be afforded."; and (3) by adding at the end thereof the following new subsection: "(e) The program of training prescribed by the Administrator in order to qualify a person for the position of full-time physician's assistant or dentist's assistant shall be considered a full-time institutional program for purposes of chapter 34 of this title. The xldmin- so stat, 12; istrator may consider training for such a position to be on a less than 33 USC les'i. full-time basis for purposes of such chapter when the combined classroom (and other formal instruction) portion of the program and the on-the-job training portion of the program total less than 30 hours per week.-'. SEC. 207. Section 4116 of title 38, United States Code, is amended— nJ^ufenceTuus'^ (1) by amending subsection (a) to read as follovv's: so Stat. 307. " (a) The remedy— "(1) against the United States provided by sections 1346(b) and 2672 of title 28, or 62 Stat. 933. "(2) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of title 28, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, physicians' assistant, dentists' assistant, pharmacist, or paramedical (for example, medical and dental technicians, nursing assistants, and therapists) or other supporting personnel in furnishing medical care or treatment while in the exercise of his duties in or for the Department of Medicine and Surgery shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, physicians' assistant, dentists' assistant, pharmacist, or par-amedical or other supporting personnel (or his estate) whose act or omission gave rise to such claim.'"; (2) by striking out the last sentence in subsection (c) and insert- 79 Stat. use. ing in lieu thereof the following: "After removal the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the employee whose act or omission gave rise to the suit was not acting within the scope of his office or employment, the case shall be remanded to the State court."; and (3) by adding at the end thereof the following new subsection: Liabinty insur"(e) The Administrator may, to the extent he deems appropriate, ance. hold harmless or provide liability insurance for any person to whom the immunity provisions of this section apply (as described in subsection (a) of this section), for damage for personal injury or death, or for property damage, negligently caused by such person while furnishing medical care or treatment (including the conduct of clinical studies or investigations) in the exercise of his duties in or for the Department of Medicine and Surgery, if such person is assigned to a foreign country, detailed to State or political division thereof, or is

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