Pub. L. 116-315, tit. V, subtit. E, sec. 5502 (as amended)
CHOICE OF SEX OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL EXAMINER FOR ASSESSMENT OF CLAIMS FOR COMPENSATION RELATING TO DISABILITY RESULTING FROM PHYSICAL ASSAULT OF A SEXUAL NATURE, BATTERY OF A SEXUAL NATURE, OR SEXUAL HARASSMENT.
SEC. 5502. CHOICE OF SEX OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL EXAMINER FOR ASSESSMENT OF CLAIMS FOR COMPENSATION RELATING TO DISABILITY RESULTING FROM PHYSICAL ASSAULT OF A SEXUAL NATURE, BATTERY OF A SEXUAL NATURE, OR SEXUAL HARASSMENT.
(a) In General.—Subchapter VI of chapter 11 of title 38, United States Code, as amended by section 5501 of this title, is further amended by inserting after section 1164, as added by section 5501, the following new section:
“SEC. 1165. [38 U.S.C. 1165] Choice of sex of medical examiner for certain disabilities
“(a) In General.—The Secretary shall ensure that a veteran who requires a medical examination from a covered medical provider in support of a claim for compensation under this chapter for a mental or physical health condition that resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment may designate the sex of the medical provider who provides such medical examination.
“(b) Covered Medical Providers.—For purposes of this section, a covered medical provider is any medical provider who is employed by the Department or is under any contract with the Department to provide a medical examination or a medical opinion when such an examination or opinion is necessary to make a decision on a claim.
“(c) Notice.—Before providing any medical examination for a veteran in support for a claim described in subsection (a), the Secretary shall notify the veteran of the veteran’s rights under subsection (a).”
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(b) [38 U.S.C. 1101] Clerical Amendment.—The table of sections at the beginning of chapter 11 of such title, as amended by section 5501 of this title, is further amended by inserting after the item relating to section 1164 the following new item:
“1165. Choice of sex of medical examiner for certain disabilities.”
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- Cross-references to the US Code
- 38 U.S.C. 116538 U.S.C. 1101