specifications until votes have been taken and decisions recorded upon all the charges and specifications. (c) When the members of the board have voted upon all the charges, if the accused has been found guilty upon any of them, the members shall proceed to vote upon the punishment to be recommended. Each member shall write down the punishment which he believes should be recommended and shall hand his vote to the presiding officer, who shall announce the result. If a majority shall not have agreed upon the nature and degree of the punishment to be recommended, the presiding officer shall proceed, beginning with the mildest punishment that has been proposed and continuing, if necessary, to the next more severe punishment, and so on, successively, until a punishment to be recommended has been decided upon by a majority of the members of the board. (d) A finding of guilty shall not be entered on a charge other than a charge specified. In case evidence develops which in the opinion of the Service representative warrants additional charges and specifications, appropriate recommendation shall be made with respect thereto by the Service representative to the Surgeon General. The Service representative shall give due notice to the presiding officer, whereupon the board shall await further instructions from the Surgeon General. § 21.312 Findings and recommendations of board. After all charges and specifications have been voted upon, the recorder, under the direction of the board, shall draw up the findings, specifying as to each charge whether the accused has been found guilty or not guilty, and, on approval by the board, shall enter such findings upon the record, together with the recommendations of the board as to punishment and clemency if the accused has been found guilty of any charge. § 21.313 Recommendations of board. In arriving at its recommendations as to the nature and degree of the punishment, if any, to be imposed, the board shall take into consideration all previous convictions and the official record of the accused. If mitigating circumstances have appeared during the proceedings which could not be taken into consideration in determining the degree of guilt found by the verdict, the board may avail itself of such circumstances as grounds for recommending clemency. Any recommendation for clemency shall be inserted immediately after the recommendation as to punishment. § 21.314 Report to accompany record. The board shall prepare a report to accompany the record and in such report shall review the evidence as a whole. with specific reference to all evidence and to any conclusions of law on controverted questions upon which the findings are based. The report of the board shall be signed by the members concurring; any member or members not concurring, in whole or in part, may submit and sign a minority report. § 21.315 Transmittal of record and report. After the record (including the transcript of the testimony) and other documents have been signed, they shall be forwarded by the presiding officer to the Surgeon General. The board shall then adjourn pending further orders. ACTION UPON FINDINGS AND RECOM- § 21.321 Action by Surgeon General. The Surgeon General shall review the record, report, and recommendations of the board, and may either order further investigation by the board or transmit the papers in the case to the Secretary with his recommendations. § 21.322 Action by the Secretary. No recommendation for punishment shall be effective until approved by the Secretary. The Secretary shall review the record, report, and recommendations of the board and the recommendations of the Surgeon General, and may either order a further investigation by the board or approve the findings and recommendations in whole or in part; or, upon the basis of the approved findings, he may order punishment or a grant of clemency or other disposition not inconsistent with these regulations. The disposition of a case by the Secretary shall be final. Subpart O-Burial Payments AUTHORITY: §§ 21.331 to 21.333 issued under 70A Stat. 113, 114, 70A Stat. 619; 10 U.S.C. 1482, 1485, 42 U.S.C. 213. § 21.331 Commissioned officers. Upon the death of a commissioned officer, the Surgeon General or his designee may pay the necessary expenses for those items enumerated in 70A Stat. 113; 10 U.S.C. 1482 in accordance with and subject to those limitations prescribed in said act. Not more than an aggregate of $600.00 shall be paid for the following: (a) Preparation of remains for burial (including cremation of remains upon request of the person recognized as the one to direct the disposition of the remains); (b) Casket or urn, with outside box; (c) Hearse service; and (d) Funeral director's services. In addition, an amount not to exceed $50.00 shall be paid for the interment of the remains when the interment is in a cemetery other than a national cemetery. [21 F.R. 9806, Dec. 12, 1956, as amended at 25 F.R. 43, Jan. 5, 1960] The Surgeon General or his designee may authorize the transportation of the remains of a dependent (as defined in 37 U.S.C. 401) of a commissioned officer who is on active duty, except active duty for training. Transportation is authorized to the home of the decedent, or to any other place determined to be an appropriate place of interment. [31 F.R. 11454, Aug. 31, 1966] Subpart P-Quarters [Reserved] Subpart Q-Travel and Transportation Allowances AUTHORITY: §§ 21.351 and 21.352 issued under 37 U.S.C. 404-407, 409, 410, 411. § 21.351 Controlling regulations. Regulations governing the allowances for travel and transportation and the conditions under which such travel and transportation may be performed by commissioned officers of the Public Health Service shall consist of those portions of the document entitled "Joint Travel Regulations", approved by the Federal Security Administrator on January 31, 1951, and approved by the Secretaries having jurisdiction over the other uniformed services, as are applicable to such officers of the Service, together with any revisions or additions to such document, so applicable, as have been approved since January 1, 1951, by said Administrator or the Secretary, as the case may be, or as may hereafter be approved by the Secretary. Instructions by the Surgeon § 21.352 General. For purposes of this subpart the term "parent" shall include a natural father or mother, a father or mother by adoption, a stepfather or stepmother, and any person, including a former stepfather or stepmother, who has stood "in loco parentis" to an officer at any time for a continuous period of not less than five years during the minority of such officer. A stepparent-stepchild relationship shall be deemed to be terminated by the stepparent's divorce from the blood parent, but shall not be deemed to be terminated by the death of the blood parent. § 21.382 Entitlement. If the parent claimed as a dependent is a parent by adoption, there shall be submitted, in addition to the evidence required by § 21.383, certified court orders of adoption or such other evidence as is acceptable to establish legally the fact of adoption. § 21.385 Stepparent. If the parent claimed as a dependent is a stepparent, the stepparent must submit, in addition to the affidavit required by § 21.383, a sworn statement to the effect that he or she married the blood parent of the officer and that he or she has not been divorced from such blood parent. § 21.386 Parent "in loco parentis." If the parent claimed as a dependent has an "in loco parentis" status, the officer, in addition to the evidence required by § 21.383 to be submitted by him, shall submit a sworn statement setting forth all circumstances relevant to proof of the relationship as may be prescribed by the Surgeon General. Determinations of dependency and parental status, as required by this subpart, may be made by such officers and employees of the Public Health Service as may be designated by the Chief, Division of Finance, Public Health Service. Subpart S-Claims for Compensation Availability of Clinical Information § 21.401 Claims for compensation; disclosure of relevant clinical information. Relevant clinical information in the records or in the possession of the Service concerning a commissioned officer or former officer of the Service may upon request therefor be furnished to a Federal department or agency with which a claim for compensation or other benefit has been filed based on the death of, or an injury or disease incurred by, such officer or former officer. (Sec. 215, 58 Stat. 690 as amended; 42 U.S.C. 216) Subpart T-Inactive Duty Training AUTHORITY: §§ 21.451 and 21.452 issued under 37 U.S.C. 206, 402 (b), 1002. SOURCE: §§ 21.451 and 21.452 appear at 24 F.R. 11096, Dec. 31, 1959. § 21.451 Inactive duty training with pay. Commissioned officers of the Reserve Corps not on active duty may, when authorized by the Surgeon General, perform such periods of training, instruction, or duty as the Surgeon General may prescribe. For each period of service performed pursuant to this section of which the duration is not less than two hours nor more than one calendar day, the officer shall be entitled to compensation at the rate of 1/30th of his basic pay. The number of such periods for which compensation shall be paid shall be limited to 48 periods during a calendar year and to 12 periods during a calendar quarter. The Surgeon General shall prescribe for each officer so authorized the minimum number of such periods of service to be performed during a calendar quarter, the performance of which will be required to entitle the officer to compensation for any period of service performed during that quarter. The Surgeon General may require each officer performing such periods of service to file reports relative to each period. If a report is required for a period of service the receipt of the report by the Service shall be a condition precedent to the payment of compensation for such period. § 21.452 Inactive duty for training without pay. Commissioned officers of the Reserve Corps not on active duty may, when authorized by the Surgeon General, with their consent perform without pay inactive duty for training or such other duty as may be prescribed by the Surgeon General. Sec. 22.3 SPECIAL CONSULTANTS Appointment of special consultants. 22.5 Leave without pay while on detail. AUTHORITY: §§ 22.1 and 22.3 issued under sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216, unless otherwise noted. LEPROSY DUTY BY CIVIL SERVICE OFFICERS AND EMPLOYEES § 22.1 Duty requiring intimate contact with leprosy patients; additional pay for civil service officers or employees. Every civil service officer or employee of the Service assigned to full-time duty for a period of 30 days or more at a station of the Service devoted to the care of leprosy patients shall receive, while so assigned, in addition to the basic compensation provided by law for his position, a sum equal to 25 per centum of such compensation: Provided, That the rate of total basic and additional compensation received by any such civil service officer or employee on June 30, 1952, under laws and regulations then in effect shall not, so long as the officer or employee remains on continuous assignment to such duty, be reduced prior to July 1, 1957, by reason of the foregoing provisions of this section. (Sec. 209 (g), 58 Stat. 687, as amended; 42 U.S.C. 210(e)) [21 F.R. 9821, Dec. 12, 1956] SPECIAL CONSULTANTS § 22.3 Appointment of special consult ants. (a) When the Public Health Service requires the services of consultants who cannot be obtained when needed through regular Civil Service appointment or under the compensation provisions of the Classification Act of 1949, special consultants to assist and advise in the operations of the Service may be appointed, subject to the provisions of the following paragraphs and in accordance with such instructions as may be issued from time to time by the Secretary of Health, Education, and Welfare. (b) Appointments, pursuant to the provisions of this section, may be made by those officials of the Service to whom authority has been delegated by the Secretary or his designee. (c) The per diem or other rates of compensation shall be fixed by the appointing officer in accordance with criteria established by the Surgeon General. (Sec. 208 (c), 58 Stat. 686, as amended; 42 U.S.C. 209(e)) [21 FR. 9821, Dec. 12, 1956, as amended at 31 F.R. 12939, Oct. 5, 1966] 84-001-72 § 22.5 Leave without pay while on detail. The Secretary or his delegatee may, pursuant to section 214 (d) of the Public Health Service Act, 42 U.S.C. 215(d), and with the consent of the officer or employee concerned, arrange, through agreements or otherwise, for a civilian officer or employee of the Public Health Service to be placed on leave without pay for the period of a detail to a State, a subdivision thereof, or a private nonprofit institution and be paid by the nonFederal organization. Such an arrangement may be for a period of not to exceed 2 years, but may be extended for additional periods of not to exceed 2 years each. [33 F.R. 18981, Dec. 20, 1968] 23.4 Application for assignment. 23.5 23.6 23.7 23.8 23.9 Assignment of personnel. Charges for services. Supervision of assigned personnel and termination of assignment. Agreements with applicants. Use of facilities by assigned personnel. AUTHORITY: The provisions of this Part 23 issued under sec. 215, 58 Stat. 690 as amended; 42 U.S.C. 216; sec. 329, 84 Stat. 1868; 42 U.S.C. 248. SOURCE: The provisions of this Part 23 appear at 36 F.R. 23906, Dec. 16, 1971, unless otherwise noted. § 23.1 Applicability. The regulations in this part are applicable to the assignment of commissioned officers and other personnel of the U.S. Public Health Service to areas with critical health manpower shortages, as provided by section 329 of the Public Health Service Act (42 U.S.C. 248). (d) "Assigned personnel" means health or health related personnel of the U.S. Public Health Service, including, but not limited to, physicians, dentists, pharmacists, nurses, paramedical personnel, medical services administrators or planners, and medical technicians, who are sent, in accordance with section 329 of the Act and the regulations in this part, to an area to provide needed health care or services. (e) "Nonprofit" private health organization means a private health organization no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (f) "Population" means the population based on the latest figures available from the U.S. Census Bureau or such other source that the Secretary finds acceptable, applicable to the area to be served. § 23.3 Eligibility. (a) Eligible applicants. Application for the assignment of service personnel may be made by (1) A State or local health agency, or (2) Any other public or nonprofit private health organization. (b) Eligible area. Except in cases in which the Secretary is satisfied that extreme hardship exists, no assignment of physicians or dentists will be made to an area having a population of less than 4,000 people. Areas having a population of less than 4,000 people, may, however, be assigned personnel other than physicians or dentists. § 23.4 Application for assignment. (a) An application for the assignment of service personnel under section 329 of the Act shall be submitted to the Secretary in such form and manner and at such time as the Secretary may prescribe. (b) The application shall set forth: (1) The population, size, and general geographical description of the area to be served; (2) The numbers and types of health personnel, services, and facilities in the area to be served; (3) A description of the need for and planned use and support of assigned personnel; (4) The organizational structure of the applicant; (5) Such other information as the Secretary may from time to time require. (c) The application shall contain the certification of the State and district medical societies (or dental societies, or other appropriate health societies as the case may be) for the area to be served, and of the local government of that area, that such health personnel are needed in the area. (d) The application shall contain the recommendations of the appropriate State health planning agency established pursuant to section 314(a) of the Act, the appropriate Regional Medical Program established pursuant to title IX of the Act, and, where there has been such an agency established, of the appropriate areawide health planning agency established pursuant to section 314(b) of the Act, and of the State medical, dental, and other health associations and from other medical personnel of the area to be served, or establish to the satisfaction of the Secretary that such recommendations were not reasonably obtainable. (e) Such application shall be executed by an individual authorized to act for the applicant and to assume on behalf of the applicant any obligations imposed by the statute, these regulations, or any additional conditions of assignment imposed pursuant thereto. § 23.5 Assignment of personnel. (a) The Secretary may, on the basis of an application, designate an area as having a critical manpower shortage and assign service personnel to such areas where he finds such designation and assignment will best serve the purposes of section 329 of the Act and the regulations of this part, taking into account: (1) The need of the area for the health services to be provided; (2) The willingness of the area and the appropriate governmental agencies therein to assist and cooperate with the Service in providing effective health services to residents of the area; (3) The recommendations of any agency or organization which may be responsible for the development, under section 314 (a) or (b) of the Act of a comprehensive plan covering all or any part of the area involved; (4) Recommendations from the State medical, dental, and other health associations and from other medical person |