30-113 0-79——6

(a) "Act" means the Public Health Service Act, 58 Stat. 682, as now or hereafter amended.

(b) "Department" means the Department of Health, Education, and Welfare.

(c) "Secretary" means the Secretary of Health, Education, and Welfare. (d) "Service" means the Public Health Service.

(e) "Surgeon General" means the Surgeon General of the Public Health Service.

(f) "Commissioned officer" or "officer", unless otherwise indicated, means either an officer of the Regular Corps or an officer of the Reserve Corps.

(Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216)

Subpart B-Titles

§ 21.11 Officers other than medical offi

cers.

or

The category titles of officers, other than medical officers, in the junior assistant, assistant, senior assistant, full, and senior grades shall be "dental surgeon", "sanitary engineer", "pharmacist", "nurse officer", "scientist", "veterinary officer", "dietitian", "therapist", "health services officer", "sanitarian". The category titles of officers, other than medical officers, in the director grade shall be the term "director" preceded by the term "dental", "sanitary engineer”, “pharamacist", "nurse", "scientist", "veterinary officer", "dietitian", "therapist", "health services", or "sanitarian". The title of officers, other than medical officers, in the grade of Assistant Surgeon General shall be "Assistant Surgeon General", except that following such grade designation there shall be added a parenthetical identification, such as "dental", or "sanitary engineer".

(Sec. 215, 58 Stat. 690; 42 U.S.C. 216) [24 FR 1790, Mar. 12, 1959]

§ 21.12 Designation of specialties.

Scientist officers and other officers having generally descriptive titles, in using their titles in correspondence outside the Department and in the

programs of scientific meetings, may designate their specialties in parentheses following their names and titles, as, for example, Richard Roe, Senior Scientist (Entomologist).

(Sec. 206(b), 58 Stat. 684, as amended; 42 U.S.C. 207(b))

§ 21.13 Military titles.

An officer in uniform may use, for purposes of identification and address, the military or naval title of rank corresponding to the grade markings worn. An officer detailed for duty with the Army, Air Force, Navy, Coast Guard, or Coast and Geodetic Survey may use in official correspondence the title of military or naval rank corresponding to the grade markings worn, as, for example, Richard Roe, Major, U.S.P.H.S., or Richard Roe, Lieutenant Commander, U.S.P.H.S.

(Sec. 215, 58 Stat. 690; 42 U.S.C. 216)

Subpart C-Appointment

AUTHORITY: Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216; sec. 208, 58 Stat. 685, as amended; 42 U.S.C. 209.

PROVISIONS APPLICABLE BOTH TO REGULAR AND RESERVE CORF3

§ 21.21 Meaning of terms.

The terms "approved school”, “approved college", "approved postgraduate school", or "approved training course" means, except as otherwise provided by law:

(a) A school, college, postgraduate school, or training course which has been accredited or approved by a professional body or bodies recognized by the Surgeon General for such purpose, or which, in the absence of such a body, meets generally accepted professional standards as determined by the Surgeon General, or

(b) In the case of a candidate who is applying for appointment as a medical officer, any non-approved medical school provided that the candidate has passed examinations given by a professional body or bodies recognized by the Surgeon General for such purpose. [24 FR 1790, Mar. 12, 1959]

§ 21.22 Submission of application and evidence of qualifications.

(a) Application form. Every candidate for examination for appointment as an officer shall submit a written application on such form as may be prescribed by the Surgeon General.

(b) Documentary evidence. The application shall be accompanied by such documentary evidence as may be required by the Surgeon General.

§ 21.23 False statements as disqualification.

Willfully false statements shall be cause for rejection of the application or, as provided in Subpart N of this part, for dismissal.

§ 21.24 Physical examinations.

Every candidate for appointment as an officer shall undergo such physical examination as the Surgeon General may direct, and no candidate who is not found to be physically qualified shall be appointed as an officer.

§ 21.25 Eligibility; junior assistant grade.

(a) Requirements; all candidates. Except as provided in § 21.54, and as otherwise provided in this section, every candidate for examination for appointment in the grade of junior assistant:

(1) Shall be a citizen of the United States;

(2) Shall be at least 18 years of age; and

(3) Shall have been granted an academic or professional degree from an approved school, college, or postgraduate school, and, unless the required professional training has been otherwise obtained from an approved school, college, or postgraduate school, shall have majored in the profession in which the examination is being held.

(b) [Reserved]

(c) Special requirement; therapists. Every candidate for examination for appointment as a therapist shall have received a certificate from an approved school of physical therapy or an approved school of occupational therapy.

[21 FR 9806, Dec. 12, 1956, as amended at 30 FR 9437, July 29, 1965]

§ 21.26 Eligibility; assistant grade.

(a) Requirements; all candidates. Except as otherwise provided in this section every candidate for examination for appointment in the grade of assistant:

(1) Shall meet the requirements for eligibility for examination for appointment in the grade of junior assistant; (2) Shall be at least 21 years of age; and

(3) Shall have had at least 7 years of educational and professional training or experience subsequent to high school, except that a candidate who applies for examination for appointment in the Reserve Corps to serve as a medical or dental intern may be examined for such appointment upon the completion of 6 years of such education, training, or experience.

(b) Additional requirements; dietitians. Every candidate for examination for appointment as a dietitian shall have successfully completed an approved training course for dietetic interns.

§ 21.27 Eligibility; senior assistant grade.

Every candidate for examination for appointment in the grade of senior assistant shall meet the requirements for eligibility for examination for appointment in the grade of assistant and shall have completed at least 10 years of educational and professional training or experience subsequent to high school.

§ 21.28 Age requirements, Regular Corps, senior assistant grade and below.

No candidate for appointment to the Regular Corps, except in the nurse category, shall be appointed (a) after age 31 to the permanent junior assistant grade, (b) after age 34 to the permanent assistant grade, or (c) after age 37 to the permanent senior assistant grade: Provided, That the Surgeon General may waive these age limitations, subject to other provisions of law, in the case of any officer of the Reserve Corps who is recommended for appointment to the Regular Corps by the Chief of the Bureau to which

sible to the population of the area under consideration.

B. Methodology

In determining whether an area meets the criteria established by Paragraph A of this Part, the following methodology will be used:

1. Rational Areas for the Delivery of Vision Care Services. (a) The following areas will be considered rational areas for the delivery of vision care services: (i) A county, or a group of contiguous counties whose population centers are within 40 minutes travel time of each other; (ii) A portion of a county (or an area made up of portions of more than one county) whose population, because of topography, market or transportation patterns, or other factors, has limited access to contiguous area resources, as measured generally by a travel time of greater than 40 minutes to such resources.

(b) The following distances will be used to estimate distances corresponding to 40 minutes travel time: (i) Under normal conditions with primary roads available: 30 miles. (ii) In mountainous terrain or in areas with only secondary roads available: 20 miles. (iii) In flat areas or in areas connected by interstate highways: 35 miles. Within inner portions of metropolitan areas, the large variations in the scope of public transportation systems and traffic conditions do not permit standard mileage figures to be specified. In these areas, information on the public transportation system will be used to determine the distance corresponding to 40 minutes travel time.

2. Determination of Estimated Requirement for Optometric Visits. The number of optometric visits required by an area's population will be estimated by multiplying each of the following visit rates by the size of the population within that particular age group and then adding the 6 figures obtained together:

(4) Determination of Size of Shortage. Size of shortage (in number of optometric visits) will be computed as follows: Optometric visit shortage = visits required visits supplied.

(5) Contiguous Area Considerations. Vision care manpower in areas contiguous to an area being considered for designation will be considered excessively distant, overutilized or inaccessible to the population of the area if one of the following conditions prevails in each contiguous area: (a) Vision care manpower in the contiguous area are more than 40 minutes travel time from the center of the area being considered for designation (measured in accordance with paragraph B.1(b) of this Part). (b) The estimated requirement for vision care services in the contiguous area exceeds the estimated supply of such services there, based on the requirements and supply calculations previously described. (c) Resources in contiguous areas are inaccessible to the population of the area because of specified access barriers (such as economic or cultural barriers).

C. Determination of Degree of Shortage

The degree of shortage of a given geographic area or population group, designated as having a shortage of optometric manpower, will be determined using the following procedure:

1. Grouping of Areas and Population Groups. Designated areas (and population groups) will first be assigned to groups, based on the proportion of the requirement for optometric visits which is being supplied in the area or group, as follows: Group 1Areas or groups with no optometric visits being supplied (i.e., with no optometrists or ophthalmologists). Group 2-Areas or groups where the ratio of optometric visits supplied to optometric visits required is less than 0.5. Group 3-Areas or groups where the ratio of optometric visits supplied to optometric visits required is between 0.5 and 1.0. All group 1 areas (and population groups) will be assumed to have a greater shortage than all group 2 areas, and all group 2 areas will be assumed to have a greater shortage than all group 3 areas.

2. Relative Shortage within a Group. In comparing any two areas within each group as defined above, the area with the larger computed shortage of optometric visits will be assumed to have the greater shortage.