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Ite ontimed he shall notify the leCE CORONE Msion n writing that mess a recess for a bearing s TACE IF te low whom D tays after TE HOTT rectos I e nosice, ins delcu e mated T 113 30Heation for Onimation if he awardi seated & boy if he regulations under ins apart and a way if I f Title 15. Tode of Federal Regulations. thail je osed with the notice. The Toice mail et forth, as specifically i taunty jeans he grounds for he messions Jesvaining a norai haracter royalty. Any mich equess for a yearng sal e promptly momitted by the Surgeon General o he Chairman of the

ar meitai Flowsing Review Panel for handling in accordades with such Faro 10.

11.17 Termination on grounds other than hose resating to moral character or loyalty..

The Surgeon General may terminate

(a) 3gen kesten Committes, cam Bastian The Betal Bare Commit a thall we samposed of a regresentative of the Office of the burgeon General a fellowship upon tersipt from the fellow designated 17 the Birgen General Chairman sit nonvaring member, he momorate Anclate Strester or camDarthle ufficial if he pureau vive, the Chter of the Division of Research Grants The Divestar of the Institute or the Chief of the Division which awarded the fallawenis in muestion, or their delegates and sea additional members appointed vy ne durrean General

(a Information; myplementatina. The Commitres may supplement the information referred to is sy such corre wondence servonal interTIENT, OF UKET Informal methoda za nenzuary in wder by make ita recommendation sa provided In paragraph (1) of this section

recommendation. The Committee that renter the DEITher, tila, Wetermine whether there is mitatantial rezaon to believe that the *** *ld be terminated or not conWINA dam o cozta reiating to #ga qaracter or on the ground that KIM KEAJATLMTt fed prretant to 81.5(d) we not made in good faith, and make Va 150aendation to the Burgeon General in writing, with reasons therefor, WRACAJ.

$61.16 Termination of or refusal to com

tinue award on grounds relating to moral character or loyalty; hearing. If, after review of the recommendation of the Special Review Committee, the Burgeon General belleves that the award should be terminated or should

of a written request for termination. the Surgeon General stail terminate any fellowship pror a he fate it would herwise expire if he determines that the fellow's performance is unsatsfactory or fat the fellow or the sponsoring instatation 's unit or unable to carry mut the purpose of the fellowship. The fellow and the sponsoring insattamen shail be notifed in writing of such termination.

16112 Publications..

Publication, distribution, and disposition of al manuscripts and other mateals resuiting tum a fellowship awarded hereunder shall be subject to the conditions that al sich materials shall bear appropriate acknowledgment of Puble Health Service support, that fellows shall finish copies of such publications or other materials as may be requested by the Surgeon General, and to such other condimons as the Surgeon General may prescribe.

61.19 Copyright and reproduction

Where the work accomplished under a fellowship award results in a book or other copyrightable material, the author is free to copyright the work, but the Public Health Service reserves a royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrightable or copyrighted material resulting from the fellowship award.

§ 61.20 Inventions or discoveries.

Any fellowship award made hereunder is subject to the regulations of the Department of Health, Education, and Welfare set forth in Title 45 CFR Parts 6 and 8, as amended. Such regulations shall apply to any activity for which fellowship funds are in fact used, whether within the scope of the fellowship as approved or otherwise. Appropriate measures shall be taken by the fellow, the sponsoring institution, and the Surgeon General to assure that no contracts, assignments, or other arrangements inconsistent with the fellowship obligation are entered into or continued and that all personnel involved in the supported activity are aware of and comply with such obligation. Laboratory notes, related technical data and information pertaining to inventions or discoveries shall be maintained for such periods, and filed with or otherwise made available to the Surgeon General or those whom he may designate at such times and in such manner as he may determine necessary to comply with such Department regulations. § 61.21

Interest.

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Attention is called to the fact that funds paid to a sponsoring institution pursuant to § 61.11 in order to meet the expenses of the activities of a fellow are considered Federal financial assistance to such institution. The institution is thus subject in this respect to the prohibition against discrimination on the basis of race, color, or national origin imposed by Title VI, Civil Rights Act of 1964, and the implementing Regulation of the Department of Health, Education, and Welfare (45 CFR Part 80).

Subpart B-Service Fellowships AUTHORITY: The provisions of this Subpart B issued under sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216; secs. 207 and 208, 58 Stat. 685, as amended; 58 Stat. 686, as amended; 42 U.S.C. 209 and 210.

SOURCE: The provisions of this Subpart B appear at 81 F.R. 12098, Sept. 16, 1966, unless otherwise noted.

§ 61.30

Definitions.

As used in this part:

(a) "Service fellowship" is one which requires the performance of services, either full or part time, for the Public Health Service. A service fellow is an employee of the Public Health Service.

(b) "Surgeon General" means the Surgeon General of the U.S. Public Health Service or his delegate.

(c) "Continental United States" does not include Hawaii or Alaska. § 61.31 Applicability.

The regulations in this part apply to the establishment of service fellowships in the Public Health Service, the designation of persons to receive such fellowships, and the appointment of service fellows under authority of section 207(g) of the Public Health Service Act.

§ 61.32 Purpose of service fellowships.

Service fellowships in the Public Health Service are for the purpose of encouraging and promoting research, studies, and investigations related to health. Such fellowships may be provided to secure the services of talented scientists for a period of limited duration for health-related research, studies, and investigations where the nature of the work or the character of the individual's services render customary employing methods impracticable or less effective. § 61.33 Establishment of service fellowships.

All service fellowships shall be established by the Surgeon General. In establishing a service fellowship, or a series of service fellowships, the Surgeon General shall prescribe in writing the conditions (in addition to those provided in the regulations in this part) under which service fellows will be appointed and will hold their fellowships.

§ 61.34 Qualifications.

Scholastic and other qualifications shall be prescribed by the Surgeon General for each service fellowship, or series of service fellowships. Each individual appointed to a service fellowship shall (a) have presented satisfactory evidence of general suitability, including professional and personal fitness; (b) be free from any disease or disability that would interfere with his carrying out the purpose of the fellowship; and (c) possess any other qualifications as reasonably may be prescribed.

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(b) "Secretary" means the Secretary of Health, Education, and Welfare and any other officer or employee of the Department of Health, Education, and Welfare to whom the authority involved has been delegated.

(c) "School" means a public or private, school of medicine, osteopathy, dentistry, pharmacy, nursing or other health related specialty which provides a course of study, or a portion thereof, which leads respectively to a degree of Doctor of Medicine, Doctor of Osteopathy, Doctor of Dental Surgery or an equivalent degree, Bachelor of Science in pharmacy, an associate degree, diploma, or baccalaureate degree in nursing or an appropriate degree for the particular health specialty and which is accredited or assured accreditation by an accrediting agency or association that is recognized for such purpose by the United States Commissioner of Education, or where appropriate by the Secretary.

(d) "Full time student" means a student who is enrolled in a school pursuing a course of study leading to a degree or diploma and who is enrolled for a sufficient number of credit hours in any semester or other academic term to enable such student to complete the course of study within not more than the number of semesters or other academic terms normally required therefor at the school in which such person is enrolled.

(e) "Service" means the United States Public Health Service.

(f) "Academic year" means the traditional, approximately nine month September to June annual session. For the purpose of computing academic year equivalents for students who, during a twelve-month period, attend for a longer period than the traditional academic year, the academic year will be considered to be of nine-months duration.

(g) "Corps" means the National Health Service Corps.

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school where the student is enrolled in accordance with the school's standards and practices;

(c) Be eligible for, or hold, an appointment as a commissioned officer in the Regular or Reserve Corps of the Service or be selected for civilian service in the National Health Service Corps;

(d) Agree in writing to serve, as described in § 62.7 in the Commissioned Corps of the Service or as a civilian member of the National Health Service Corps;

(e) Be a citizen of the United States. § 62.4 Application and selection.

(a) An application for a scholarship under this subpart shall be submitted in such form and at such time as the Secretary may require.

(b) Applicants in the health-related specialties so designated by the Secretary pursuant to section 62.6 will be evaluated and selected by the Secretary taking into consideration (1) academic performance, (2) faculty recommendations, (3) work experience, and (4) relative need of the Service for particular health-related specialties. § 62.5 Scholarship and tuition.

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(a) The Secretary may award scholarships for each approved academic year of training not to exceed four years for any individual recipient. The amount of the scholarship stipend which will be paid monthly shall be an amount not in excess of the basic pay and allowances of a commissioned officer, without dependents, on active duty in pay grade 0-1 with less than two years of service as established by the Secretary pursuant to § 62.6.

(b) The Secretary will contract or otherwise arrange for the payment of those tuition and other educational fees necessarily incurred by a full-time student.

§ 62.6 Designation of health related specialties and stipend amount.

(a) The Secretary will from time to time designate and publish in the FEDERAL REGISTER those health-related specialties for which the Service has need and for which support under this subpart will be available.

(b) The Secretary will also from time to time determine and publish in the FEDERAL REGISTER the amount of the scholarship stipend for each health.

related specialty for which support under this subpart will be available.

§ 62.7 Service obligation.

(a) A scholarship recipient is obligated to serve on active duty for one year as a Commissioned Officer in the Service or as a civilian member of the National Health Service Corps following completion of academic training, for each academic year of support or fraction therefor received under this program: Provided, however, That in no event shall a recipient serve less than two years.

(b) At least one-half the total period of service required by paragraph (a) to be performed by each recipient shall be spent providing health care and services: (1) in an area designated under section 329(b) of the Act, as a critical health manpower shortage area; (2) as a member of the Indian Health Service or Bureau of Medical Services and in an area determined by the Secretary (under section 329 of the Act or otherwise) to have a health manpower shortage; or (3) in connection with any program of designated by the Secretary, for the provision of health care and services in such an area.

(c) For recipients receiving a degree from a school of medicine, osteopathy, or dentistry, the commencement of a period of obligated service may be deferred for a period of time not to exceed one year for internship (or equivalent training) and for good cause shown, at the option of the Secretary for an additional period of time for residency training. Such periods of internship and residency shall not be creditable in satisfying an active duty service obligation, unless such internship and residency is served in a facility of the Public Health Service, or other facility of the National Health Service Corps.

(d) For recipients receiving degrees in other health-related specialties the obligated service period will commence upon completion of their academic training. § 62.8 Failure to perform.

(a) If, for any reason, a participant fails to complete an active duty service obligation, such participant shall be liable for the payment of an amount equal to the scholarship payments, tuition and other educational fees paid, plus Interest at the maximum legal prevailing rate running from the date such payments were made. Any amount which the United States is entitled to recover

under this paragraph, shall within the three year period beginning on the date on which it is determined that a breach occurred, be paid to the United States. For the purpose of this paragraph maximum legal prevailing rate of interest shall mean the maximum permissible rate prescribed by the District of Columbia Code on the day of breach applicable to this type of debt.

(b) When a person undergoing training in the program terminates academic training, he shall be liable for repayment to the United States for an amount equal to the cost of tuition and other educational expenses paid to or for such person from Federal funds plus any scholarship payments received by such person under the program. Repayment of such amount shall be within three years of the date of termination.

§ 62.9 Waiver or suspension.

(a) A person who fails to complete an active duty service obligation or who fails to complete academic training may seek waiver or suspension of any obligation incurred pursuant to § 62.7 upon written request to the Secretary setting forth the basis, circumstances and causes which support the requested action.

(b) The Secretary may waive or suspend any obligation under § 62.7 with respect to any individual whenever compliance by such individual

(1) Is impossible or

(2) Would involve extreme hardship to such individual and if enforcement of such obligation with respect to any such individual would be against equity and good conscience.

(c) For the purpose of paragraph (b) (1) of this section compliance with an obligation by an individual will be deemed impossible, and such compliance will be waived, where the Secretary determines, on the basis of such information and documentation as he may require that the individual has died or suffers from a physical or mental disability that results in the inability of such individual to perform the services or other activities which would be necessary in order to comply with the obligation.

(d) For the purpose of paragraph (b) (2) of this section in determining whether to waive or suspend any or all of indebtedness or service obligation of an individual as imposing an undue hardship and being against equity and good conscience, the Secretary on the

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