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Primary Care Physician Assistant
Radiation Therapy Technologist
Radiographer

Respiratory Therapist
Sanitarian 3

Speech Pathologist/Audiologist
Vision Care Technician 1

(2) Have a baccalaureate degree; (3) Not be receiving concurrent support for the same training from another Federal source except education benefits under the Veterans Readjustment Benefits Act;

(4) Not be a full-time Federal employee unless on leave without pay.

(c) For the Allied Health Training Institute program:

(1) Be qualified to practice as one of the following:

Clinical Psychologist Cytotechnologist

Dental Assistant

Dental Hygienist

Dental Laboratory Technician
Dietitian 5

Medical Assistant

Medical Laboratory Technician
Medical Record Administrator
Medical Record Technician
Medical Technologist 6
Nuclear Medicine Technologist
Occupational Therapist

Occupational Therapy Assistant
Orthotic/Prosthetic Technician
Physical Therapist

Physical Therapist Assistant
Primary Care Physician Assistant
Radiation Therapy Technologist
Radiographer

Respiratory Therapy Technician/Therapist
Sanitarian ’

Speech Pathologist/Audiologist
Vision Care Technician 8

3 Limited to graduates of baccalaureate level educational programs or to those who are State registered sanitarians or possess the professional qualifications necessary for registration under any of the State registration acts.

'Includes persons prepared as an opthalmic medical assistant, optometric technician, low vision technician, orthoptist, contact lens technician.

5 Same as 1.

6 Same as 2.

7 Same as 3

8 Includes persons prepared as an opthalmic assistant, ophthalmic dispenser, opthalmic optician, optometic technician, low vision technician, orthoptist, and contact lens technician.

§ 58.511 What are the requirements for traineeships and the appointment of trainees?

(a) For the Allied Health Advanced Traineeship program:

(1) The grantee must appoint each trainee for a full academic year (not to exceed twelve months) except that a shorter appointment may be made where necessary to enable the trainee to complete the training program.

(2) The grantee must require each trainee to complete a statement of appointment by the beginning of the training period or as soon as possible if the trainee receives notice after the training period has begun. The program director must sign it, and the grantee must retain it for audit purposes. The grantee must also send a copy to the Secretary upon request.

(3) The grantee must advise each trainee who is enrolled in a course of study requiring more than twelve months to complete that continued support under this program is contingent upon the continued availability of grant funds.

(b) For the Allied Health Training Institute program, the grantee's appointment for each trainee must be effective the first day of required attendance and must terminate on the last day of each offering or session of the institute.

(c) The grantee may not require trainees to perform any work which is not an integral part of their training program and required of all students in the program, or to perform services which detract from or prolong the training.

§ 58.512 Termination of traineeship.

(a) The grantee will terminate a traineeship upon request of the trainee.

(b) The grantee must terminate the traineeship if the trainee is no longer enrolled full-time in the training program for which the traineeship was awarded, or fails to maintain the level of academic standing required by the institution's standards and practices for full-time enrollment.

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Sec.

59.3 Who is eligible to apply for a family planning services grant?

59.4 How does one apply for a family planning services grant?

59.5 What requirements must be met by a family planning project?

59.6 What procedures apply to assure the suitability of informational and educational material?

59.7 What criteria will the Department of Health and Human Services (HHS) use to decide which family planning services projects to fund and in what amount? 59.8 How is a grant awarded?

59.9 For what purposes may grant funds be used?

59.10 What other HHS regulations apply to grants under this subpart?

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Subpart D-Grants for Adolescent Pregnancy Prevention and Services Projects

59.301 To whom do these regulations apply?

59.302 How are the terms in these regulations defined?

59.303 Who is eligible to apply for a grant under this subpart?

59.304 How is application made for a grant under this subpart?

59.305 What requirements must a project funded under this subpart meet? 59.306 What criteria has HHS established for deciding which applications for grants under this subpart to fund? 59.307 How is the amount of the grant decided?

59.308 What is the period for which a grant will be awarded?

59.309 For what purposes may grant funds be used?

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As used in this subpart:

"Act" means the Public Health Service Act, as amended.

"Family" means a social unit composed of one person, or two or more persons living together, as a household.

"Low income family" means a family whose total annual income does not exceed 100 percent of the most recent Community Services Administration Income Poverty Guidelines (45 CFR 1060.2). "Low-income family" also includes members of families whose annual family income exceeds this amount, but who, as determined by the project director, are unable, for good reasons, to pay for family planning services. For example, unemancipated minors who wish to receive services on a confidential basis must be considered on the basis of their own resources.

"Nonprofit," as applied to any private agency, institution, or organization, means that no part of the entity's net earnings benefit, or may lawfully benefit, any private shareholder or individual.

"Secretary" means the Secretary of Health and Human Services and any other officer or employee of the Department of Health and Human Services to whom the authority involved has been delegated.

"State" means one of the 50 States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, Northern Marianas, or the Trust Territory of the Pacific Islands.

§ 59.3 Who is eligible to apply for a family planning services grant?

Any public or nonprofit private entity in a State may apply for a grant under this subpart.

§ 59.4 How does one apply for a family planning services grant?

(a) Application for a grant under this subpart shall be made on an authorized form.

(b) An individual authorized to act for the applicant and to assume on behalf of the applicant the obligations imposed by the terms and conditions of the grant, including the regulations of this subpart, must sign the application.

(c) The application shall contain

(1) A description, satisfactory to the Secretary, of the project and how it will meet the requirements of this subpart;

(2) A budget and justification of the amount of grant funds requested;

(3) A description of the standards and qualifications which will be required for all personnel and for all facilities to be used by the project; and

(4) Such other pertinent information as the Secretary may require.

§ 59.5 What requirements must be met by a family planning project?

(a) Each project supported under this part must:

(1) Provide a broad range of acceptable and effective medically approved family planning methods (including natural family planning methods) and services (including infertility services and services for adolescents). If an organization offers only a single method of family planning, such as natural family planning, it may participate as part of a project as long as the entire

project offers a broad range of family planning services.

(2) Provide services without subjecting individuals to any coercion to accept services or to employ or not to employ any particular methods of family planning. Acceptance of services must be solely on a voluntary basis and may not be made a prerequisite to eligibility for, or receipt of, any other service, assistance from or participation in any other program of the applicant.2

(3) Provide services in a manner which protects the dignity of the individual.

(4) Provide services without regard to religion, race, color, national origin, handicapping condition, age, sex, number of pregnancies, or marital status.

(5) Not

provide abortions as a method of family planning.

(6) Provide that priority in the provision of services will be given to persons from low-income families.

(7) Provide that no charge will be made for services provided to any person from a low-income family except to the extent that payment will be made by a third party (including a Government agency) which is authorized to or is under legal obligation to pay this charge.

(8) Provide that charges will be made for services to persons other than those from low-income families in accordance with a schedule of discounts based on ability to pay, except that charges to persons from families whose annual income exceeds 250 percent of the levels set forth in the most

2 Section 205 of Pub. L. 94-63 states: "Any (1) officer or employee of the United States, (2) officer or employee of any State, political subdivision of a State, or any other entity, which administers or supervises the administration of any program receiving Federal financial assistance, or (3) person who receives, under any program receiving Federal assistance, compensation for services, who coerces or endeavors to coerce any person to undergo an abortion or sterilization procedure by threatening such person with the loss of, or disqualification for the receipt of, any benefit or service under a program receiving Federal financial assistance shall be fined not more than $1,000 or imprisoned for not more than one year, or both."

recent CSA Income Poverty Guidelines (45 CFR 1060.2) will be made in accordance with a schedule of fees designed to recover the reasonable cost of providing services.

(9) If a third party (including a Government agency) is authorized or legally obligated to pay for services, all reasonable efforts must be made to obtain the third-party payment without application of any discounts. Where the cost of services is to be reimbursed under title XIX or title XX of the Social Security Act, a written agreement with the title XIX or title XX agency is required.

(10)(i) Provide that if an application relates to consolidation of service areas or health resources or would otherwise affect the operations of local or regional entities, the applicant must document that these entities have been given, to the maximum feasible extent, an opportunity to participate in the development of the application. Local and regional entities include existing or potential subgrantees which have previously provided or propose to provide family planning services to the area proposed to be served by the applicant.

(ii) Provide an opportunity for maximum participation by existing or potential subgrantees in the ongoing policy decisionmaking of the project.

(11) Provide for an Advisory Committee as required by § 59.6.

(b) In addition to the requirements of paragraph (a) of this section, each project must meet each of the following requirements unless the Secretary determines that the project has established good cause for its omission. Each project must:

(1) Provide for medical services related to family planning (including physician's consultation, examination prescription, and continuing supervision, laboratory examination, contraceptive supplies) and necessary referral to other medical facilities when medically indicated, and provide for the effective usage of contraceptive devices and practices.

(2) Provide for social services related to family planning, including counseling, referral to and from other social and medical service agencies, and any

ancillary services which may be necessary to facilitate clinic attendance.

(3) Provide for informational and educational programs designed to (i) achieve community understanding of the objectives of the program, (ii) inform the community of the availability of services, and (iii) promote continued participation in the project by persons to whom family planning services may be beneficial.

(4) Provide for orientation and inservice training for all project personnel.

(5) Provide services without the imposition of any durational residency requirement or requirement that the patient be referred by a physician.

(6) Provide that family planning medical services will be performed under the direction of a physician with special training or experience in family planning.

(7) Provide that all services purchased for project participants will be authorized by the project director or his designee on the project staff.

(8) Provide for coordination and use of referral arrangements with other providers of health care services, local health and welfare departments, hospitals, voluntary agencies, and health services projects supported by other Federal programs.

(9) Provide that if family planning services are provided by contract or other similar arrangements with actual providers of services, services will be provided in accordance with a plan which establishes rates and methods of payment for medical care. These payments must be made under agreements with a schedule of rates and payment procedures maintained by the grantee. The grantee must be prepared to substantiate that these rates are reasonable and necessary.

(10) Provide, to the maximum feasible extent, an opportunity for participation in the development, implementation, and evaluation of the project by persons broadly representative of all significant elements of the population to be served, and by others in the community knowledgeable about the community's needs for family planning services.

§ 59.6 What procedures apply to assure the suitability of informational and educational material?

(a) A grant under this section may be made only upon assurances satisfactory to the Secretary that the project shall provide for the review and approval of informational and educational materials developed or made available under the project by an Advisory Committee prior to their distribution, to assure that the materials are suitable for the population or community to which they are to be made available and the purposes of title X of the Act. The project shall not disseminate any such materials which are not approved by the Advisory Committee.

(b) The Advisory Committee referred to in paragraph (a) of this section shall be established as follows:

(1) Size. The Committee shall consist of no fewer than five but not more than nine members, except that this provision may be waived by the Secretary for good cause shown.

(2) Composition. The Committee shall include individuals broadly representative (in terms of demographic factors such as race, color, national origin, handicapped condition, sex, and age) of population or community for which the materials are intended. (3) Function. In reviewing materials, the Advisory Committee shall:

(i) Consider the educational and cultural backgrounds of individuals to whom the materials are addressed;

(ii) Consider the standards of the population or community to be served with respect to such materials;

(iii) Review the content of the material to assure that the information is factually correct;

(iv) Determine whether the material is suitable for the population or community to which it is to be made available; and

(v) Establish a written record of its determinations.

§ 59.7 What criteria will the Department of Health and Human Services use to decide which family planning services projects to fund and in what amount? (a) Within the limits of funds available for these purposes, the Secretary

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