[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR17.85]

[Page 670-671]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 17_MEDICAL--Table of Contents
 
Sec.  17.85  Treatment of research-related injuries to human subjects.

    (a) VA medical facilities shall provide necessary medical treatment 
to a research subject injured as a result of participation in a research 
project approved by a VA Research and Development Committee and 
conducted under the supervision of one or more VA employees. This 
section does not apply to:
    (1) Treatment for injuries due to noncompliance by a subject with 
study procedures, or
    (2) Research conducted for VA under a contract with an individual or 
a non-VA institution.

    Note to Sec.  17.85(a)(1) and (a)(2): Veterans who are injured as a 
result of participation in such research may be eligible for care from 
VA under other provisions of this part.

    (b) Except in the following situations, care for VA research 
subjects under this section shall be provided in VA medical facilities.
    (1) If VA medical facilities are not capable of furnishing 
economical care or are not capable of furnishing the care or services 
required, VA medical facility directors shall contract for the needed 
care.
    (2) If inpatient care must be provided to a non-veteran under this 
section, VA medical facility directors may contract for such care.
    (3) If a research subject needs treatment in a medical emergency for 
a condition covered by this section, VA medical facility directors shall 
provide reasonable reimbursement for the emergency treatment in a non-VA 
facility.
    (c) For purposes of this section, ``VA employee'' means any person 
appointed by VA as an officer or employee and acting within the scope of 
his or her appointment (VA appoints officers and employees under title 5 
and title 38 of the United States Code).

(Authority: 38 U.S.C. 501, 7303)

[63 FR 11124, Mar. 6, 1998]

[[Page 671]]

 Vocational Training and Health-Care Eligibility Protection for Pension 
                               Recipients