Part

61

63

64

71

72

73

75

76

77

Fellowships.

Foreign quarantine.

Interstate quarantine.

Biological products.

Smoke inspection guides.

PART 1-AVAILABILITY OF RECORDS AND INFORMATION

Bec.

lished organizational, procedural, or regulatory statements pertaining to specific records or classes of records. Such requests shall set forth the interest of the applicant in the subject matter of the records sought to be inspected. § 1.102 Clinical information; disclo

sure.

(a) For the purposes of this section: (1) "Patient" shall mean any person who is receiving or has received medical care or treatment or an examination at facilities of the Public Health Service or at other facilities by, or under the direction of, personnel of the Service or at its expense.

(2) "Clinical information” shall mean any information received by personnel of the Service from patients or regarding patients and related to their examination, care, or treatment.

(b) Clinical information in the records or in the possession of the Service is confidential and shall be disclosed only as necessary for the performance of the functions of the Service, or as follows:

(1) Upon a reasonable showing of the need therefor, the officer in charge of a hospital, station or other facility of the Service may authorize disclosure to a patient or a person designated by a

patient (or, in the case of a deceased patient, to his next of kin or an authorized representative of his estate) of such clinical information as such officer determines to be medically appropriate for disclosure. The information shall not be disclosed to a person other than the patient except on the condition that it shall not be further disclosed for any purpose other than that for which it was shown to be needed. If the patient's examination, treatment or care was requested or arranged for by a governmental agency, the information shall not in any event be disclosed without the consent of that agency.

(2) Any governmental agency which, in accordance with applicable statutes, has requested or arranged for the examination, treatment, or care of a patient by the Service may upon request be furnished clinical information regarding such examination, treatment, or care. (3) At the direction of the Surgeon General or his designee, clinical information may be furnished State or other public health agencies engaged in collecting data regarding disease.

(4) Nothing in this section shall preclude the officer in charge of any facility of the Service from disclosing (i) information as to the presence of a patient in the facility, or as to his general condition and progress, or (ii) such information regarding the commission of crimes or the occurrence of communicable disease as may be required to be disclosed by hospitals generally by the law of the State in which the facility is located.

§ 1.103 Nonclinical information;

sure.

disclo

(a) Information in the records or possession of the Service obtained by the Service under an assurance of confidentiality which the Surgeon General or his authorized representative determines to be necessary for the purpose of any research, survey, investigation, or collection of statistical data may be disclosed only with the consent of the person, association, or agency to which such assurance was given, or whenever the Surgeon General specifically determines disclosure to be necessary (1) to prevent an epidemic or other grave danger to the public health or (2) to oppose any legal action related to the activities of the Service and brought against the United States or any of its officers or employees.

(b) Information in the records or in

the possession of the Service concerning (1) the discussions of any councils or other bodies advisory to the Service or to the Surgeon General, or of any committees or panels of such councils or bodies, (2) reports made by such committees or panels to such councils or bodies, and (3) action taken or opinions expressed by individual members of such councils, bodies, committees or panels shall not be disclosed except as may be authorized by the Surgeon General with the assent of the council or advisory body involved. In addition, if the council or other advisory body so recommends, disclosure of its final conclusions on any subject considered by it may be prohibited by the Surgeon General.

(c) The following types of information in the records or possession of the Service are confidential and, subject to the provisions of paragraphs (a) and (b) of this section, shall be disclosed only as necessary for the performance of the functions of the Service, or as follows:

(1) Information concerning individuals, business enterprises, or public or private agencies obtained by the Service in connection with communicable disease control, water pollution control, licensing of biological products or the manufacture of such products, or with other regulatory functions of the Service may be disclosed to Federal, State or local authorities carrying on related governmental functions to the extent necessary to carry out such related functions.

(2) Information and data obtained and tentative and final conclusions reached in course of or in connection with the conduct of research projects, surveys and investigations may be disclosed at such times and to such extent as the Surgeon General or his designee may determine to be in the public interest.

(3) Information obtained in connection with applications for employment, fellowships, traineeships or commissions or for research or other grants and information obtained for similar purposes may be disclosed upon consent of the person concerned. § 1.104

Disclosure upon court or other official order.

Notwithstanding any other provisions of this part, information in the records or in the possession of the Service, except information described in § 1.103 (a) and (b) and information the dis

closure of which the Surgeon General determines would impair national security, shall be disclosed upon the order of a judge of a court of competent jurisdiction or of a responsible officer of any agency or body having power to compel appearances before it: Provided, however, That (a) clinical information shall be disclosed only in accord with applicable local law regarding the confidentiality of communications to physicians as expressly determined by the court, agency or body, and (b) in the case of an order requiring production of records other than to the court, agency or body involved, the Surgeon General or his designee may determine, in the light of the need to assure the integrity and safety of the records or the efficient administration of the Service, that the records shall be made available for examination or copying at such place as may be designated by him.

or

with

If any officer or employee of the Service is sought to be required, by subpoena or other compulsory process, to produce records of the Service or to disclose any information described in § 1.102 § 1.103, he shall respond, call attention to the provisions of this part, and respectfully decline to produce records or disclose information inconsistent such provisions: Provided, That where a patient (or, in the case of a deceased patient, his next of kin or an authorized representative of his estate) is a party to litigation or other proceedings in which any other person or party seeks to require the production of records of the Service or the disclosure of information described in § 1.102 before a court, agency or other body described in § 1.104, the patient (or, in the case of a deceased patient, his next of kin or an authorized representative of his estate) or his attorney shall be notified promptly, by mail or other reasonable means at his last address known to the Service, of the demand for the records or information and the officer or employee shall respond

to the compulsory process in accordance with its terms, without prejudice, however, to any claim of the patient or his representative to the protection against the disclosure of clinical information set forth in the proviso to § 1.104.

[21 F.R. 9805, Dec. 12, 1956. Redesignated at 25 F.R. 12292, Dec. 1, 1960]

§ 1.107 Limitations on release of records.

(a) Records of the Service containing information described or referred to in § 1.102 or § 1.103 shall not be released to or deposited with anyone not an authorized officer or employee of the Service except: (1) As may be temporarily necessary for purposes of examination or copying; (2) for purposes of storage at General Services Administration Federal Records Centers under conditions assuring the continuation of the limitations on disclosure set forth in this part: Provided, That release or disclosure of records so stored shall be made by the Federal Records Centers only to authorized officers or employees of the Public Health Service.

(b) Where official records of the Service other than X-rays are produced in accordance with subpoena or other compulsory process, their release to or deposit with anyone not an officer or employee of the Service is prohibited except as may be temporarily necessary for the purpose of examination during sessions of the court, body, agency, or other authority before which such records are produced or unless release or deposit is otherwise authorized by the Surgeon General.

(c) When the production of official records of the Service in response to a subpoena or other compulsory process is authorized by § 1.106, arrangements shall be made for the procurement of certified copies if so requested by a party litigant. Except when the United States is the requesting party, such copies shall be made at the expense of the requesting party. The records may be released for copying for this purpose in accordance with paragraph (a) of this section.

(d) The Chief, Medical Records Library Service at any hospital or station, or any other officer or employee of the Service designated as local custodian of the records by the Medical Officer in Charge of a hospital or station is authorized to certify copies of records. No

A gift will be deemed unconditional if it is made to the Public Health Service for the benefit of the Service or for the carrying out of any of its functions, without further specification as to its purpose or the manner of its use; a gift will also be deemed unconditional if limited without further restriction (a) tʊ one or more of the purposes of any part of Title III of the Public Health Service Act or (b) to one or more of the purposes of any Institute established pursuant to Title IV of the Public Health Service Act. § 2.2 Acceptance of gifts by Surgeon General.

The Surgeon General and such officers and employees of the Service as he may designate for such purpose are authorized to accept on behalf of the United States, the following categories of unconditional gifts to the United States made by will or otherwise, for the benefit of the Public Health Service or for the carrying out of any of its functions:

(a) A gift of money not in excess of $1,000;

(b) A gift of personal property such as, but not limited to, recreational equipment, furniture, radio or television sets if the total market value of the property at the time of the gift does not exceed $1,000.

§ 2.3

Acceptance of gifts by Secretary. Gifts not within the category specified in § 2.2 may be accepted only by the Secretary, and conditional gifts may be accepted only by the Secretary of Health, Education, and Welfare on the recommendation of the Surgeon General. § 2.4 Deposit and expenditure of money gifts.

Money gifts accepted in accordance with §§ 2.2 and 2.3 shall be deposited in the Treasury of the United States for expenditure as provided by law.

§ 2.5 Property accounting.

Records of personal property accepted on behalf of the United States under §§ 2.2 and 2.3 shall be kept in accordance with instructions and policies of the Surgeon General.

§ 2.6 Gifts for patients.

(a) Gifts of money or personal property donated solely for disbursement or distribution by the Service to patients at a designated Service hospital or station or to designated patients at a Service hospital or station shall not be deemed gifts to the United States. Custody of such gifts may be accepted by the medical officer in charge of the facility if in his opinion the gifts will contribute to the well-being of the patients.

(b) Gifts of money accepted under paragraph (a) of this section shall be deposited in the Treasury of the United States to the credit of an appropriate trust fund account of the Service. Disbursement shall be made by the agent cashier of the facility upon the authorization of the medical officer in charge of the facility or of a person designated by him for such purpose in accordance with the terms of the gift. If the facility does not have an agent cashier, the money shall be disbursed by a responsible official designated by the medical officer in charge and provision made for safekeeping and accounting.

(c) Gifts of personal property accepted under paragraph (a) of this section