PART 66-RELEASE OF INFORMATION FROM MEDICAL RECORDS

Sec.

66.1 Purpose.

66.2 Applicability.

66.3 Policy.

AUTHORITY: 5 U.S.C. 301, 552.

SOURCE: 32 FR 15111, Nov. 1, 1967, unless otherwise noted.

866.1 Purpose.

This part establishes Department of Defense policy governing the release of information from medical records by the Secretaries of the Military Departments and Directors of Defense Agencies, or their designees for this purpose. These include the medical records of present and former members of the Armed Forces, other individuals treated in military medical facilities, and such other medical records as may have been deposited with the DoD by other Federal and State agencies. Release of information from medical records which are properly included in official personnel folders of civilian employees is governed by the provisions of subchapter 1, chapter 339, Federal Personnel Manual.

§ 66.2 Applicability.

The provisions of this part apply to the Military Departments and Defense Agencies (hereinafter referred to collectively as "DoD components").

§ 66.3 Policy.

(a) Release to the public. Information contained in medical records of individuals who have undergone medical examination or treatment is personal to the individual and is therefore considered confidential. Consequently, information from such medical records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, should not be made available to the public (see 5 U.S.C. 552, and DoD Directive 5400.7 (32 FR 9666)).

(b) Release to the individual concerned. If an individual requests information from his medical record, it shall be released to him unless, in the opinion of the releasing authority, it might prove injurious to his physical or mental health. In such an event, and where the

circumstances indicate it to be in his best interests, the individual shall be requested to authorize the release of the information to his next of kin, legal representative, or personal physician, as appropriate.

(c) Release to representatives of the individual concerned. Medical information shall be released to authorized representatives of the individual concerned, upon the written request of the individual or his legal representative. If the individual concerned is mentally incompetent, insane, or deceased, the next of kin or legal representative must authorize, in writing, the release of the individual's medical records.

(d) Release to other government departments and agencies. Medical information shall be released, upon request, to other departments and agencies which have a proper and legitimate need for the information.

(1) Should the releasing authority have doubts as to whether the requesting department has a proper and legitimate need for the information, the latter will be requested to specify the purpose for which the medical information will be used. In appropriate cases, the requesting department will be advised that the information will be withheld until it obtains the written consent of the individual concerned.

(2) In honoring proper requests, the releasing authority shall disclose only that information which is germane to the request. The following are representative instances where other departments and agencies, both Federal and State, may have a proper and legitimate need for the information.

(i) Medical information is required in order to process a governmental action involving the individual whose medical record is sought. (The Veterans' Administration and the Bureau of Employee's Compensation process claims in which the claimant's medical history is relevant.)

(ii) Medical information is required in furtherance of the treatment to an individual in the department's custody. (Federal and State hospitals and prisons may need the medical history of their patients and inmates.)

(e) Release to medical research or scientific organizations. Medical information shall be released, upon the request

of medical research or scientific organizations or other qualified researchers when, in the opinion of the releasing authority, release of the requested information is in the public interest. Where possible, names of parties should be deleted. The requesting organization or individual shall be advised that the information must be held in confidence and that any published reports resulting from such study shall not identify in any way the individuals whose medical records were examined.

(f) Release to Federal or State courts or other administrative bodies. (1) The foregoing limitations are not intended to preclude compliance with lawful court orders calling for the production of medical records in connection with civil litigation or criminal proceedings, nor to preclude release of information from medical records when required by law.

(2) Whenever the releasing authority has doubts as to whether the supoena or other compulsory process has been issued by a court of competent jurisdiction or by a responsible officer of any agency or body having power to compel production, the Judge Advocate General (or other cognizant legal officer) shall be consulted.

(g) Copies of medical records. Upon request, an individual or his authorized representative entitled to have access to medical records, will be furnished copies of the individual's medical records.

$67.1 Purpose.

This part implements policy, assigns responsibilities, and prescribes procedures under 10 U.S.C. 12205 for determining educational institutions that award baccalaureate degrees that satisfy the educational requirement for appointment of officers to a grade above First Lieutenant in the Army Reserve, Air Force Reserve, and Marine Corps Reserve, or Lieutenant (Junior Grade) in the Naval Reserve, or for officers to be federally recognized in a grade above First Lieutenant as a member of the Army National Guard or Air National Guard.

§67.2 Applicability.

This part applies to the Office of the Secretary of Defense, and the Military Departments. The term "Military Department," as used herein, refers to the Departments of the Army, the Navy, and the Air Force. The term "Reserve components" refers to the Army Reserve, Army National Guard of the United States, Air Force Reserve, Air National Guard of the United States, Naval Reserve, and Marine Corps Re

serve.

$67.3 Definitions.

(a) Accredited educational institution. An educational institution accredited by an agency recognized by the Secretary of Education.

(b) Qualifying educational institution. An educational institution that is accredited, or an unaccredited educational institution that the Secretary of Defense designates pursuant to §67.5 (a) and (b).

(c) Unaccredited educational institution. An educational institution not accredited by an agency recognized by the Secretary of Education.

$67.4 Policy.

(a) It is Department of Defense policy under 10 U.S.C. 12205 to require Reserve component officers to have been awarded at least a baccalaureate degree from a qualifying educational institution before appointment to a grade above First Lieutenant in the Army Reserve, Air Force Reserve or Marine Corps Reserve, or Lieutenant (Junior Grade) in the Naval Reserve, or for officers to be

federally recognized in a grade above First Lieutenant as a member of the Army National Guard or Air National Guard.

(b) Exempt from this policy is any officer who was:

(1) Appointed to or recognized in a higher grade for service in a health profession for which a baccalaureate degree is not a condition of original appointment or assignment.

(2) Appointed in the Naval Reserve or Marine Corps Reserve as a limited duty officer.

(3) Appointed in the Naval Reserve for service under the Naval Aviation Cadet (NAVCAD) program.

(4) Appointed to or recognized in a higher grade if appointed to, or federally recognized in, the grade of captain or, in the case of the Navy, lieutenant before October 1, 1995.

(5) Recognized in the grade of captain or major in the Alaska Army National Guard, who resides permanently at a location in Alaska that is more than 50 miles from each of the cities of Anchorage, Fairbanks, and Juneau, Alaska, by paved road, and who is serving in a Scout unit or a Scout support unit.

(c) The Department of Defense will designate an unaccredited educational institution as a qualifying educational institution for the purpose of meeting this educational requirement if that institution meets the criteria established in this part.

§67.5 Responsibilities.

(a) The Assistant Secretary of Defense for Reserve Affairs, under the Under Secretary of Defense for Personnel and Readiness, shall:

(1) Establish procedures in which an unaccredited educational institution can apply for DoD designation as a qualifying educational institution.

(2) Publish in the FEDERAL REGISTER DoD requirements and procedures for an unaccredited educational institution to apply for designation as a qualifying educational institution.

(3) Annually, provide to the Secretaries of the Military Department a list of those unaccredited educational institutions that have been approved by the Department of Defense as a qualifying educational institution. This list shall include the year or years for which

unaccredited educational institutions are designated as qualifying educational institutions.

(b) The Secretaries of the Military Departments shall establish procedures to ensure that after September 30, 1995, those Reserve component officers selected for appointment to a grade above First Lieutenant in the Army Reserve, Air Force Reserve or Marine Corps Reserve, or Lieutenant (Junior Grade) in the Naval Reserve, or for officers to be federally recognized in a grade above First Lieutenant as a member of the Army National Guard or Air National Guard, who are required to hold a baccalaureate degree, were awarded their degree before appointment to the next higher grade. For a degree from an unaccredited educational institution that has been recognized as a qualifying educational institution by the Department of Defense to satisfy this educational requirements of 10 U.S.C. 12205, the degree must not have been awarded more than three years before the date the officer is to be appointed, or federally recognized, in the grade of Captain or above in the Army Reserve, Army National Guard, Air Force Reserve, Air National Guard, or Marine Corps Reserve, or in the grade of Lieutenant or above in the Naval Reserve.

$67.6 Procedures.

(a) An unaccredited educational institution may obtain designation as a qualifying educational institution for a specific Reserve component officer who graduated from that educational institution by providing certification from registrars at three accredited educational institutions that maintain ROTC programs that their educational institutions would accept at least 90 percent of the credit hours earned by that officer at the unaccredited educational institution, as of the year of graduation.

(b) For an unaccredited educational institution to be designated as a qualifying educational institution for a specific year, that educational institution must provide the Office of the Assistant Secretary of Defense for Reserve Affairs certification from the registrars at three different accredited educational institutions that maintain

ROTC programs listing the major field(s) of study in which those educational institutions would accept at least 90 percent of the credit hours earned by a student who was awarded a baccalaureate degree in that major field of study at the unaccredited educational institution.

(c) For an unaccredited educational institution to be considered for designation as a qualifying educational institution, the unaccredited educational institution must submit the required documentation no later than January 1 of the year for which the unaccredited educational institution seeks to be designated a qualifying educational institution.

(d) The required documentation must be sent to the following address: Office of the Assistant Secretary of Defense for Reserve Affairs, Attn: DASD(M&P), 1500 Defense Pentagon, Washington, DC 20301-1500.

(e) Applications containing the required documentation may also be submitted at any time from unaccredited educational institutions requesting designation as qualifying educational institutions for prior school years.

tions 1009 and 1031(a), November 1, 1978 (20 U.S.C. 241).

(d) Memorandum of Understanding Between The Department of Defense and The Department of Education, August 16, 1982.

(e) FEDERAL REGISTER Document 8411282, "Process for Section 6 Schools Operated by the Department of Defense," FEDERAL REGISTER, Volume 49, Number 82, page 18028, April 26, 1984.

(f) Assistant Secretary of Defense (Force Management & Personnel) Memorandum, "Education of Handicapped Students in Section 6 Schools Operated by the Department of Defense," December 10, 1986.

(g) Public Law 94-142, "Education for All Handicapped Children Act of 1975," as amended (20 U.S.C. 1401 et seq.).

(h) DoD Directive 1020.1, "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of Defense," March 31, 1982.

(i) DoD 7220.9-M, "Department of Defense Accounting Manual," October 1983, authorized by DoD Instruction 7220.9, October 22, 1981.

(j) DoD Directive 7600.6, "Audit of Nonappropriated Funds and Related Activities," January 4, 1974.

(k) DoD Directive 5500.7, "Standards of Conduct," January 15, 1977.

§68.2 Purpose.

This part:

pre

(a) Establishes policies and scribes procedures for the Department of Defense (DoD) to make arrangements (as defined in §68.5) for the provision of free public education to eligible dependent children as authorized by §68.1 (a), (b), and (c).

(b) Implements §68.1 (a), (b), (d), and (e).

§ 68.3 Applicability and scope. This part applies to:

(a) The Office of the Secretary of Defense (OSD), the Military Departments, and the Defense Agencies.

(b) The schools operated by DoD within the Continental United States (CONUS), Alaska, Hawaii, Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.