1. (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. (1) Treatment for injuries due to noncompliance by a subject with study procedures, or
   2. (2) Research conducted for VA under a contract with an individual or a non-VA institution.

2. (b) Except in the following situations, care for VA research subjects under this section shall be provided in VA medical facilities.

   1. (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. (2) If inpatient care must be provided to a non-veteran under this section, VA medical facility directors may contract for such care.
   3. (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.

3. (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)

Note to § 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.

[63 FR 11124, Mar. 6, 1998]