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Commissioned officers.
Personnel other than commissioned officers.
Provisions applying to both commissioned officers and other personnel.

SUBCHAPTER C-MEDICAL CARE AND EXAMINATIONS

31

32 33 34 35

Medical care for certain personnel of the Coast Guard, Coast and Geodetic

Survey, Public Health Service, and former lighthouse service.
Medical care for seamen and certain other persons.
Narcotic addicts.
Medical examination of aliens.
Hospital and station management.

SUBCHAPTER D-GRANTS

51 52 53

Grants to States for Public Health Services.
Grants for cancer control programs.
Grants for survey, planning, and construction of hospitals.

61 62

SUBCHAPTER E-FELLOWSHIPS, INTERNSHIPS, TRAINING
Fellowships.
Filipino trainees.

SUBCHAPTER F-QUARANTINE, INSPECTION, LICENSING

71 72 73

Foreign quarantine.
Interstate quarantine.
Biologic products.

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.

SUBCHAPTER B-PERSONNEL

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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

21.29

21.30

21.31 21.32

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Professional examinations, holding

continental United States.

21.41

of; subjects to be included.

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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

21.90

21.91

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.

Subpart 1—Retirement

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

tain agencies.

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

the Administrator.

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

the Administrator.

institutions for training. 21.203 Payment of tuition and fees. 21.204 Other necessary expenses.

Subpart -Uniforms

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.

OTHER PERSONS

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.

Subpart N-Disciplino

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.

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