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SUBCHAPTER B-PERSONNEL

PART 21-COMMISSIONED

OFFICERS

21.55 Appointment to higher grades.

didates exceptionally qualified to

cialized fields. 21.56 Reappointment. 21.57 Examination for reappointment. 21.58 Physical examination for resppce

ment.

Subpart A-Definitions

Sec. 21.1 Meaning of terms.

Subpart C-Involuntary Child and Spouse

Support Allotments

21.70 Purpose. 21.71 Applicability and scope. 21.72 Definitions. 21.73 Policy. 21.74 Responsibilities. 21.75 Procedures.

Subpart A-Definitions

AUTHORITY: Sec. 215, 58 Stat. 690, as ameni ed; 42 U.S.C. 216.

Subpart B-Appointment PROVISIONS APPLICABLE BOTH TO REGULAR

AND RESERVE CORPS 21.21 Meaning of terms. 21.22 Submission of application and evi

dence of qualifications. 21.23 False statements as disqualification. 21.24 Physical examinations. 21.25 Eligibility; junior assistant grade. 21.26 Eligibility; assistant grade. 21.27 Eligibility; senior assistant grade. 21.28 Age requirements, Regular Corps, sen

ior assistant grade and below. 21.29 Eligibility; grades above senior assist

ant grade. 21.30 Determination of creditable years of

educational and professional training

and experience. 21.31 Eligibility; all grades; academic and

professional education and professional

training and experience. 21.32 Boards; appointment of; powers and

duties. 21.33 General service. 21.34 Certification by candidate; require

ment of new physical examination. PROVISIONS APPLICABLE ONLY TO REGULAR

CORPS 21.41 Professional examinations, holding of;

subjects to be included. 21.42 Examinations; junior assistant, assist

ant, or senior assistant grade. 21.43 Examination; full grade and above. 21.44 Clinical or other practical demonstra

tion. 21.45 Rating values. 21.46 Merit roll. 21.47 Examination; anticipation of meeting

qualifications.

821.1 Meaning of terms.

As used in this part, the term:

(a) Act means the Public Health Sert ice Act, 58 Stat. 682, as now or hert after amended.

(b) Department means the Departmedi of Health and Human Services.

(c) Secretary means the Secretary Health and Human Services.

(d) Service means the Public Health Service.

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

(1) Commissioned officer or officer, upless otherwise indicated, means either an officer of the Regular Corps or an officer of the Reserve Corps. [21 FR 9806, Dec. 12, 1956)

Subpart B-Appointment

PROVISIONS APPLICABLE ONLY TO RESERVE

CORPS

AUTHORITY: Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216; sec. 208, 58 Stat. 685, 28 amended; 42 U.S.C. 209.

SOURCE: 21 FR 9806, Dec. 12, 1956, unless otherwise noted.

PROVISIONS APPLICABLE BOTH TO REGULAR AND RESERVE CORPS

21.51 Appointment of officers having spe

cialized training or experience in admin

istration and management. 21.52 Waiver of entrance qualifications for

original appointment in time of war or

national emergency. 21.53 Examination. 21.54 Students.

821.21 Meaning of terms.

The terms approved school, approved college, approved postgraduate school, or

roved training course means, except (3) Shall have been granted an acaotherwise provided by law:

demic or professional degree from an 2) A school, college, postgraduate approved school, college, or postool, or training course which has graduate school, and, unless the reen accredited or approved by a pro- quired professional training has been sional body or bodies recognized by otherwise obtained from an approved

Surgeon General for such purpose, school, college, or postgraduate school, which, in the absence of such a body, shall have majored in the profession in ets generally accepted professional which the examination is being held. undards as determined by the Sur

(b) (Reserved) on General, or

(c) Special requirement; therapists. b) In the case of a candidate who is Every candidate for examination for plying for appointment as a medical

appointment as a therapist shall have ficer, any non-approved medical

received a certificate from an approved hool provided that the candidate has

school of physical therapy or an ap ssed examinations given by a profes

proved school of occupational therapy. onal body or bodies recognized by the irgeon General for such purpose.

(21 FR 9806, Dec. 12, 1956, as amended at 30

FR 9437, July 29, 1965) 1 FR 1790, Mar. 12, 1959) 21.22 Submission of application and

821.26 Eligibility; assistant grade. evidence of qualifications.

(a) Requirements; all candidates. Ex(a) Application form. Every candidate

cept as otherwise provided in this secor examination for appointment as an

tion every candidate for examination fficer shall submit a written applica

for appointment in the grade of assist

ant: ion on such form as may be prescribed py the Surgeon General.

(1) Shall meet the requirements for (b) Documentary evidence. The appli

eligibility for examination for appointation shall be accompanied by such

ment in the grade of junior assistant; documentary evidence as may be re

(2) Shall be at least 21 years of age;

and sluired by the Surgeon General.

(3) Shall have had at least 7 years of "21.23 False statements as disquali- educational and professional training fication.

or experience subsequent to high Willfully false statements shall be school, except that a candidate who apcause for rejection of the application

plies for examination for appointment or, as provided in subpart 1 of this in the Reserve Corps to serve as a medpart, for dismissal.

ical or dental intern may be examined

for such appointment upon the comple821.24 Physical examinations.

tion of 6 years of such education, trainEvery candidate for appointment as

ing, or experience. an officer shall undergo such physical

(b) Additional requirements; dietitians. examination as the Surgeon General

Every candidate for examination for may direct, and no candidate who is appointment as a dietitian shall have not found to be physically qualified

successfully completed an approved shall be appointed as an officer.

training course for dietetic interns. # $21.25 Eligibility; junior assistant 821.27 Eligibility; senior assistant grade.

grade. (a) Requirements; all candidates. Ex- Every candidate for examination for cept as provided in $21.54, and as other- appointment in the grade of senior as

wise provided in this section, every sistant shall meet the requirements for 31 candidate for examination for appoint- eligibility for examination for appointment in the grade of junior assistant: ment in the grade of assistant and

(1) Shall be a citizen of the United shall have completed at least 10 years States;

of educational and professional train(2) Shall be at least 18 years of age; ing or experience subsequent to high and

school

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821.28 Age requirements, Regular $21.30 Determination of creditan

Corps, senior assistant grade and years of educational and proba below.

sional training and experience. No candidate for appointment to the The level of academic attainme Regular Corps, except in the nurse cat- the number of calendar years and a egory, shall be appointed (a) after age quality of educational and professies 31 to the permanent junior assistant training and experience shall be se grade, (b) after age 34 to the permanent sidered in determining the number assistant grade, or (c) after age 37 to years of such training and experien the permanent senior assistant grade: with which each candidate for appos Provided, That the Surgeon General ment may be credited. may waive these age limitations, sub

(25 FR 5184, June 10, 1960) ject to other provisions of law, in the case of any officer of the Reserve Corps

$21.31 Eligibility; all grades; academ who is recommended for appointment and professional education and to the Regular Corps by the Chief of fessional training and experience the Bureau to which he is assigned and

The Surgeon General is authorized who has been on continuous active

subject to the other provisions of this duty for at least two years imme

subpart to adopt additional standara diately preceding the date of such rec

by which the education, training, ommendation. The age limitations for

experience required under this subpa.; candidates who have had prior active

and evidence thereof, shall be of som service in the Commissioned Corps of the Public Health Service shall be in

specific kind and quality, pertinent i

the particular profession concerned, a creased by the period of such service.

in his judgment are necessary to limi (27 FR 3886, Apr. 24, 1962)

the examination to qualified cas

didates. $21.29 Eligibility; grades above senior assistant grade.

(21 FR 9806, Dec. 12, 1956. Redesignated at:

FR 5184, June 10, 1960) Every candidate for examination for appointment in grades above that of 821.32 Boards; appointment of; power senior assistant shall meet the require- and duties. ments for eligibility for examination

The Surgeon General shall from time for appointment in the grade of senior

to time appoint boards and subboards assistant. Candidates for examination

of officers to consider the qualifica. for appointment in the full, senior, or

tions of candidates for appointment as director grade shall have completed at

officers, and shall refer to such boards least 7, 14, or 15 additional years, re

the applications of those candidates spectively, of postgraduate profes

who are eligible for examination for sional training for experience. When of

appointment. Such boards and ficers of the Service are unavailable for

subboards shall consist of three or the performance of duties requiring

more officers, the majority of whom, 80 highly specialized training and experi

far as practicable, shall be of the same ence in special fields related to public

profession as the candidate. The Surhealth, the Surgeon General may speci

geon General shall prescribe the duties fy that a candidate for appointment to

of boards and subboards in relation to the Regular Corps with such highly

the examination process not otherwise specialized training and experience

prescribed in this subpart. shall be examined for appointment in the full or senior grade upon comple- (21 FR 9806, Dec. 12, 1956. Redesignated at 25 tion of at least 5 or 12 additional years,

FR 5184, June 10, 1960) respectively, of postgraduate professional training or experience, except

821.33 General service. that the total number of such appoint

Officers shall be appointed only to ments during a fiscal year shall not ex- general service and shall be subject to ceed three.

change of station. (21 FR 9806, Dec. 12, 1956. Redesignated at 25 (21 FR 9806, Dec. 12, 1956. Redesignated at 25 FR 5184, June 10, 1960)

FR 5184, June 10, 1960)

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21.34 Certification by candidate; re- relating to each profession or specialty

quirement of new physical exam within such profession in which canla ination.

didates will be examined. If a candidate for appointment in the

(21 FR 9806, Dec. 12, 1956, as amended at 24 rregular Corps or an officer of the Re- FR 1790, Mar. 12, 1959) zerve Corps on inactive service has cassed a physical examination within a

$21.42 Examinations; junior assistant, period of one year from the date on

assistant, or senior assistant grade. hich it is contemplated that he will The examination for appointment to pe appointed or called to active duty, the junior assistant, assistant, or sen

le shall, prior to being appointed or ior assistant grade in the Regular alled to active duty, certify that to Corps shall consist of (a) a written proihe best of his knowledge and belief he fessional examination relating to the s free from all disease or injury not fundamentals of the candidate's profesnoted in his record at the time of his sion or specialty within his profession examination and that he is willing to and their relationship to the activities

serve in any climate. If a candidate for of the Service, and (b) an examination appointment in the Regular Corps, or as to the candidate's general fitness,

an officer of the Reserve Corps on inac- which shall include an oral interview, tive service, has not passed a physical and a review and evaluation of the can2 Pexamination within a period of one didate's academic and professional eduyear from the date on which it is con- cation and professional training and

templated that he will be appointed or experience, and may include other T* called to active duty, he may, prior to written tests to determine the can10 cm being appointed or called to active didate's fitness for appointment as an ceste duty, be required to undergo such phys- officer. If an applicant for appointment *ical examination as the Surgeon Gen- to any of these grades is an officer of

eral may direct to determine his phys- the Reserve Corps who has been on acical qualification for appointment or tive duty for not less than one year imcall to active duty in accordance with mediately preceding his application,

standards prescribed for original ap- the Surgeon General may direct that nent de pointment, or he may be appointed or the officer be examined as provided in

called to active duty after executing $21.43. the certificate described in this sec

(21 FR 9806, Dec. 12, 1956, as amended at 24 tion, but shall be physically examined FR 1790, Mar. 12, 1959; 25 FR 11099, Nov. 23, to determine his physical qualification 1960] for continued active service in accordance with standards prescribed for 821.43 Examination; full grade and original appointment within a period of

above. 15 days after reporting for duty at his The examination for appointment to first station.

the full, senior, or director grade in the of the [21 FR 9806, Dec. 12, 1956, as amended at 24

Regular Corps shall consist of a review e Of The FR 1790, Mar. 12, 1959. Redesignated at 25 FR

and evaluation of the candidate's acaof the 5184, June 10, 1960)

demic and professional education and

professional training and experience. PROVISIONS APPLICABLE ONLY TO The Surgeon General may, however, diREGULAR CORPS

rect that the examination of a can

didate for appointment to any such 821.41 Professional examinations, grade shall also include an oral interholding of; subjects to be included.

view, a written or oral professional exFrom time to time the Surgeon Gen- amination, or both. eral may order examinations to be held in such professions or specialties with $21.44 Clinical or other practical dem. in professions and for such grades as he

onstration. deems necessary for the purpose of pro- In the discretion of the Surgeon Genviding merit rolls of eligible candidates eral a candlate for appointment to for appointment in the Regular Corps any grades and including the senand shall, if a professional examination ior assistan rade in the Regular is to be required, prescribe the subjects Corps may quired to perform suc

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Cunfully a clinical or other practical demonstration which, if required, shall constitute a part of the professional examination. $21A6 Rating values.

The examination of every candidate for appointment to any grade in the Havular Corps shall be rated by a board appointed pursuant to $21.30 in accordance with such relative values for each part of the examination as are prewribed by the Surgeon General. No candidate who receives a final rating below 50 shall be appointed in the Regular Corps.

pointment prior to the expirata merit roll on which his name a shall, unless he requests be tunity to be reexamined, be rased the next group of candidates e same profession or specialty Fit-profession for appointment in the grade and shall be given the same ing he had on the expired merita two candidates who were exandises the same time receive the same a ical rating the elder candidate sha! sume relative standing on the roll over the younger candidate 3 candidate whose name is being 3 ferred from an expired to a new roll has the same numerical rating 28 candidate whose name is being pisos on the new merit roll for the first us: the former shall assume relative stes ing on the merit roll over the lasta The name of a candidate may be re moved from a merit roll in the ever that he refuses an appointment de offered. No candidate's eligibility fo appointment shall exceed two years IDless he again becomes eligible as the result of another examination. (21 FR 9806, Dec. 12, 1956, as amended at a FR 1790, Mar. 12, 1959)

$21.46 Merit roll.

Each board appointed pursuant to $21.30 to consider the qualifications of candidates for appointment as officers #hall ansign a numerical rating to each Candidate for appointment in the Regular Corpe who passes the examination, and shall submit a report to the SurKeon General of the ratings and the relative standing of all such candidates for each grade in each profession or specialty within a profession. The Surgeon General shall submit each such report with his recommendations to the Hecretary, and, if approved by the Hecretary, the report shall constitute a merit roll from which the Secretary shall, in accordance with relative standing, recommend available persons to the President for nomination as commissioned officers of the Regular Corps. A board may consider any newly discovered evidence relating to the physicalprofessional, personal qualifications of any candidate examined for appointment. Upon recommendation of such board after review of such evidence, the Surgeon General, with the approval of the Secretary, may correct the rating of a candidate or may qualify or disqualify a candidate. The placing of a candidate's name on a merit roll shall give no assurance of an appointment. A merit roll shall expire when a new merit roll in the same profession or specialty within a profession and grade has been established, but no merit roll shall continue in effect longer than two years after its approval by the Secretary. Every candidate who has not been nominated by the President for ap

or

821.47 Examination; anticipation

meeting qualifications. A potential candidate for appointment in any grade in the Regular Corps may be examined within a period or nine months prior to the date upon which it is anticipated that he will qualify for appointment under this subpart. Upon successful completion of the examination, his name will be entered on a merit roll. In the event that his name, in order of relative standing among all candidates, precedes that of fully qualified candidates, his name, for purpose of appointment, shall be passed over in favor of fully qualified candidates until such time as he becomes fully qualified, but in no event shall he otherwise lose his relative standing on the merit roll, except as provided in $21.46. If the candidate fails to qualify for appointment at the time that it was anticipated that he would qualify, his name shall be removed from the merit roll.

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