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SUBCHAPTER C-MEDICAL CARE AND EXAMINATIONS
32 33 34 35
Medical care for certain personnel of the Coast Guard, Coast and Geodetic
Survey, Public Health Service, and former lighthouse service.
51 52 53
Grants to States for Public Health Services.
SUBCHAPTER E-FELLOWSHIPS, INTERNSHIPS, TRAINING
SUBCHAPTER F-QUARANTINE, INSPECTION, LICENSING
71 72 73
SUBCHAPTER A GENERAL PROVISIONS
Part 1--Availability of Records
and Information Sec. 1.101 Public Inspection of official records. 1.102 Confidential information; disclosure
prohibited. 1.103 Disclosure under special circum
stances. AUTHORITY: $$ 1.101 to 1.103 issued under sec. 215, 58 Stat. 690; 42 U, S. C. 216.
SOURCE: $$ 1.101 to 1.103 appear at 13 F. R. 7404.
§ 1.101 Public inspection of official records. (a) Official records of the Service include (1) applications, registrations, petitions, and reports filed by members of the public pursuant to statute or regulations, (2) pleadings, transcripts of testimony, exhibits and documents received in evidence in any formal proceeding, and (3) documents evidencing the official disposition of material covered by (1) and (2). Official records are made available for inspection to persons properly and directly concerned, except that upon good cause found by the Surgeon General such records may be held confidential.
(b) Requests for permission to inspect official records should be addressed to the Surgeon General, U. S. Public Health Service, Washington 25, D. C., unless otherwise directed in published organizational, procedural, or regulatory statements pertaining to specific records or classes of records. Such requests must set forth the interest of the applicant in the subject matter.
$ 1.102 Confidential information; disclosure prohibited. The following categories of information are confidential and shall not be disclosed except as indicated in this section or in $ 1.103:
(a) Information relating to admission and treatment of narcotic addicts accepted as voluntary patients, not to be disclosed except upon written waiver by the patient and only to the extent specified in such waiver (sec. 344, 58 Stat. 701; 42 U. S. C. 260);
(b) Clinical and other information relating to patients committed to the care of the Service by other Government agencies, not to be disclosed except in
accordance with the policies and instructions of such other agencies;
(c) Clinical information relating to patients of the Service, to be disclosed only upon application of the patient or his duly authorized representative upon form entitled “Application for Abstract from Clinical Record”: Provided, That information of minor importance and diagnosis of nonconfidential character may be supplied to employers, relatives or friends, in the discretion of the medical officer in charge of the hospital or station when determined by him to be in the interest of the patient;
(d) Clinical information regarding deceased patients, to be disclosed only to persons legally entitled to such information;
(e) Information concerning individuals or business enterprises obtained in the course of the investigatory activities of the Service in connection with interstate and foreign quarantine activities and in connection with the licensing of biological products, to be disclosed only for the purposes for which obtained or to other Federal, State, or local authorities engaged in the performance of related governmental functions and solely for such related purposes;
(f) Information relating to research projects to the extent and for such period as may be recommended in the public interest by the National Advisory Health Council, the National Advisory Cancer Council, or the National Advisory Mental Health Council;
(g) Records of vital statistics which identify individuals, not to be disclosed under any circumstances;
(h) Information relating to private individuals obtained for limited purposes in the administration of the functions of the Service, to be disclosed only for the purposes for which obtained or with the consent of the individual concerned; such information would include, for example, information obtained from applicants for research fellowships, for research grants, applicants for commissions in the Service, and so on.
(i) Information relating to training grants in mental health to the extent and for such period as may be recommended in the public interest by the National Advisory Mental Health Council.
$ 1.103 Disclosure under special circumstances. Notwithstanding the provisions of $ 1.102, the Surgeon General may authorize the disclosure of any information within any of the paragraphs of such section other than paragraphs (a) and (g), upon written application and upon determination that such disclosure would be in the public interest. Information will be furnished, subject to the general rules of evidence, upon order of & court of competent jurisdiction when a subpoena is served upon a representative of the Service competent to testify thereon. When an officer or employee of the Service is called upon to testify or produce records falling within paragraph (a) of $ 1.102, in the absence of waiver
by the patient, he shall call the attention of the court to the provisions of section 344, 58 Stat. 701; 42 U. S. C. 260. When a subpoena involves a patient committed to the care of the Service by the Veterans' Administration; Bureau of Employees' Compensation, Federal Security Agency; or other Federal agency, the matter should be brought to the attention of such agency in accordance with the arrangements made for the care of such patients and the attention of the court be called to any regulations of such other agencies requiring information sought to be disclosed is confidential. Except in the interest of the Government, no officer or employee (either fulltime or part-time) of the Public Health Service shall willingly be qualified as an expert witness in the case of a litigant who has been a patient of the Service.
Sec. 21.42 Examinations; Junior assistant, as
sistant, or senior assistant grade. 21.43 Examination; full grade and above. 21.44 Clinical or other practical demon
stration. 21.45 Rating values. 21.46 Merit roll. 21.47 Examination; anticipation of meet
ing qualifications. 21.48 Reappointment of former officers of
the Regular Corps. PROVISIONS APPLICABLE ONLY TO RESERVE CORPS 21.51 Appointment of officers having spe
cialized training or experience in
administration and management. 21.52 Waiver of entrance qualifications for
original appointment in time of
war or national emergency. 21.53 Examination. 21.54 Students. 21.55 Appointment to higher grades; can
didates exceptionally qualified in
specialized fields. 21.56 Reappointment. 21.57 Examination for reappointment. 21.58 Physical examination for reappoint
ment. 21.59 Reappointment of officers who are
or have been in a retired status. Subpart D- Increased Pay and Allowances 21.61 Duty requiring intimate contact with
leprosy patients; additional pay.
Subpart E-Allotments 21.71 Generally. 21.72 On active duty or traveling outside
Professional examinations, holding
continental United States.
of; subjects to be included.
Meaning of terms.
LEAVE WITH PAY Accrual and accumulation of annual
leave. Carrying over accrued and accumu
lated annual leave during con
tinued service. Granting of annual leave. Computation of annual leave. Station leave. Reporting of absence; granting of
sick leave. Prolonged or frequent absence due
to sickness or disability; review of
status. Reporting of whereabouts during an
nual, sick, or station leave.
21.86 21.87 21.88 21.89
LEAVE WITHOUT PAY WHILE ON DETAIL
21.95 Leave without pay while on detall.
Subpart 6- Promotion
DEFINITIONS 21.101 Meaning of terms. PROVISIONS APPLICABLE ONLY TO REGULAR CORPS 21.110 Division of Regular Corps into pro
fessional categories. 21.111 Prescription of numbers in grade. 21.112 Establishment of seniority lists. 21.113 Seniority in grade; junior assistant
grade. 21.114 Officers of the Regular Corps en
titled to the same seniority in
Subpart Medical Review Board 21.161 Medical review board. 21.162 Powers and duties of medical review
boards. 21.163 Action by the Surgeon General.
FOR DISABILITY 21.171 Meaning of terms. 21.172 Generally. 21.173 Effective date. 21.174 Termination of reserve commission. 21.175 Duration. 21.176 Termination; Regular Corps; recall
to active duty. 21.177 Termination; Reserve Corps. 21.178 Retired oficer; review of disability. 21.179 Relapse after recovery; Reserve Corps. 21.180 Report by medical review board. 21.181 Failure to undergo examination or
supply Information, 21.182 Presumptions. 21.183 Transmission of information to cer
AFTER THIRTY YEARS OF SERVICE 21.184 Retirement of officers in the senior Subpart K-Training Sec. 21.201 Definition. 21.202 Assignment of officers to educational
grade. 21.115 Restricted grades. 21.116 Promotion to assistant grade. 21.117 Annual promotion boards; appoint
ment of; powers and duties. 21.118 Officers to be considered for promo
tion. 21.119 Disqualification of a member of a
promotion board. 21.120 Physical examination. 21.121 Examination; promotion to the as
sistant and senior assistant grades. 21.122 Examination for promotion to the
full grade and above. 21.123 Rating values. 21.124 Competitive examination for selected
promotions. 21.125 Use of ratings in determining eligi
bility for promotion. 21.126 Establishment of promotion regis
ters. 21.127 Recommendation for promotion. 21.128 Graded positions. 21.129 Selection of officers for assignment to
graded positions. 21.130 Temporary promotion upon assign
ment to a graded position. 21.131 Limitations on temporary promo
tions. 21.132 Temporary promotions in time of
war or national emergency. 21.133 Effect of disciplinary action,
grade. 21.185 Retirement boards; appointment of. 21.186 Referral of records to retirement
boards. 21.187 Powers and duties of retirement
boards. 21.188 Subsequent review of record. 21.189 Prescription of numbers for retire
ment. 21.190 Action by the Surgeon General and
FOR LENGTH OF SERVICE OR FOR AGE
21.191 Recall to active duty in time of war.
RESTRICTED GRADE RETIREMENTS 21.194 Voluntary retirement; restricted
grades. 21.195 Referral of records to retirement
boards. 21.196 Subsequent review of records. 21.197 Action by the Surgeon General and
institutions for training. 21.203 Payment of tuition and fees. 21.204 Other necessary expenses.
MALE OFFICERS 21.211 Generally.
FEMALS OFTICERS 21.221 Generally. 21.222 Working uniforms. 21.223 Detail to States. 21.224 Change in uniform.
MALE AND FEMALE OFFICERS 21.231 Correspondence with uniforms of
other commissioned services in
certain cases. 21.232 Insignia. 21.238 Wearing of uniforms in time of war. 21.234 Wearing of uniforms in time of
peace. 21.235 Uniorm of the day; generally. 21.236 Uniform of the day; certain officers. 21.237 Wearing of uniforms; inactive, re
tired, or former officers.
21.241 Persons authorized to wear similar
insignia. 21.242 Wearing of certain insignia, or of
ornamental Jewelry resembing Insignia.
Subpart M-Decorations 21.251 Military, naval, or foreign govern
ment decorations. 21.252 Wound or service chevrons; overseas
service bars. 21.253 Other medals, ribbons, or badges.
GENERAL PROVISIONS 21.261 Applicability. 21.262 Orders of superior officers. 21.263 Officer in charge; designation. 21.264 oficer in temporary charge; desig
nation. 21.265 Officer in temporary charge; author
ity. 21.266 Official correspondence. 21.267 Furnishing information, 21.268 Letters of recommendation. 21.269 Outside employment. 21.270 Reporting when detalled. 21.271 Misconduct. 21.272 Summary punishment. 21.273 Leave of absence during pendency of
charges. 21.274 Grievances.
BOARDS OF INVESTIGATION 21.281 Order to appear before board; time
limitations. 21.282 Convocation. 21.283 Composition.
Sec. 21.284 Punishment. 21.286 Service representative. 21.286 Notice of charges; right to counsel. 21.287 Presiding officer. 21.288 Recorder. 21.289 Stenographer. 21.290 The record. 21.291 Oath of board members. 21.292 Oath of recorder and stenographer. 21.293 Affirmations. 21.294 Sessions. 21.295 Challenges. 21.296 List of witnesses. 21.297 Reading of charges and specifications 21.298 Plea to charges. 21.299 Plea in bar. 21.300 Preliminary instructions to witnesses. 21.301 Calling of witnesses; oath. 21.302 Verification of testimony. 21.303 Witness fees. 21.304 Evidence; admissibility. 21.305 Depositions. 21.306 Order of examination. 21.307 Testimony of accused. 21.308 Defense rebuttal. 21.309 Reply of service representative. 21.310 Close of hearing. 21.311 Consideration by board. 21.312 Findings and recommendations of
board. 21.313 Recommendations of board. 21.314 Report to accompany record. 21.316 Transmittal of record and report. ACTION UPON FINDINGS AND RECOMMENDATIONS
OF BOARD 21.321 Action by Surgeon General. 21.322 Action by the Administrator.
Subpart 0—Burial Payments in Time of War 21.381 Burial payments, officers on active
duty in time of war.
Subpart P-Quarters 21.341 Definitions. 21.842 Adequacy of quarters. 21.343 Assignment of quarters. 21.344 Leaves of absence. 21.345 Voluntary and Joint occupancy of
quarters. 21.346 Permission to occupy unassigned
quarters. 21.347 Application for quarters. 21.348 Appeal to Surgeon General.
Subpart Q-Foreign Service Allowances 21.351 Definitions. 21.352 General. 21.353 Locality classification. 21.354 Station allowances. 21.355 Continuation of station allowances
while absent from permanent sta
tion. 21.356 Travel allowances. 21.357 Special travel and station allow
ances. 21.358 Officers on detail. 21.359 Certificates required. 21.360 Method of payment. Appendix A–Foreign service allowance rates.