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SUBCHAPTER B-PERSONNEL

PART 21-COMMISSIONED

OFFICERS

Subpart A-Definitions

21.55 Appointment to higher grades, s

didates exceptionally qualified in a

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

ment. Subpart C-Involuntary Child and Spous

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 amend ed; 42 U.S.C. 216.

Sec.
21.1 Meaning of terms.

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 Serr ice Act, 58 Stat. 682, as now or here after amended.

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

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

(d) Service means the Public Health Service.

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

(1) Commissioned officer or officer, unless 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, as amended; 42 U.S.C. 209.

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

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.

PROVISIONS APPLICABLE BOTH TO

REGULAR AND RESERVE CORPS $21.21 Meaning of terms.

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

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

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

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

(b) (Reserved) in 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 icer, any non-approved medical

received a certificate from an approved 1ool provided that the candidate has

school of physical therapy or an apssed examinations given by a profes

proved school of occupational therapy. inal body or bodies recognized by the rgeon General for such purpose. [21 FR 9806, Dec. 12, 1956, as amended at 30

FR 9437, July 29, 1965) FR 1790, Mar. 12, 1959) 51.22 Submission of application and

$21.26 Eligibility; assistant grade. evidence of qualifications.

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

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

tion every candidate for examination fficer shall submit a written applica

for appointment in the grade of assist

ant: lon on such form as may be prescribed y 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; ocumentary evidence as may be re

(2) Shall be at least 21 years of age; luired by the Surgeon General.

and

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

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 n 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. 821.25 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 aswise provided in this section, every sistant shall meet the requirements for 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

or

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157-163 0-95—3

$21.28 Age requirements, Regular 821.30 Determination of credit

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

sional training and experience. No candidate for appointment to the The level of academic attainm Regular Corps, except in the nurse cat- the number of calendar years and egory, shall be appointed (a) after age quality of educational and professio 31 to the permanent junior assistant training and experience shall be a 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 experie the permanent senior assistant grade: with which each candidate for appoi 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; acades 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 authorise who has been on continuous active duty for at least two years imme

subject to the other provisions of tà

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

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

experience required under this subpar candidates who have had prior active service in the Commissioned Corps of

and evidence thereof, shall be of sot the Public Health Service shall be in

specific kind and quality, pertinent 1

the particular profession concerned, 1 creased by the period of such service.

in his judgment are necessary to lim [27 FR 3886, Apr. 24, 1962)

the examination to qualified can

didates. 821.29 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 $21.32 Boards; appointment of power senior assistant shall meet the require- and duties. ments for eligibility for examination

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

to time appoint boards and subboard assistant. Candidates for examination

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

tions of candidates for appointment a 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 Sur health, 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

$21.33 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]

relating to each profession or specialty within such profession in which candidates will be examined. (21 FR 9806, Dec. 12, 1956, as amended at 24 FR 1790, Mar. 12, 1959)

11.34 Certification by candidate; re

quirement of new physical exam

ination. If a candidate for appointment in the egular Corps or an officer of the Reprve Corps on inactive service has 2ssed a physical examination within a eriod of one year from the date on hich it is contemplated that he will e appointed or called to active duty, le shall, prior to being appointed or alled to active duty, certify that to he best of his knowledge and belief he s free from all disease or injury not noted in his record at the time of his xamination and that he is willing to serve in any climate. If a candidate for Lppointment in the Regular Corps, or an officer of the Reserve Corps on inactive service, has not passed a physical examination within a period of one year from the date on which it is contemplated that he will be appointed or called to active duty, he may, prior to being appointed or called to active duty, be required to undergo such physical examination as the Surgeon General may direct to determine his physical qualification for appointment or call to active duty in accordance with standards prescribed for original appointment, or he may be appointed or called to active duty after executing the certificate described in this section, but shall be physically examined to determine his physical qualification for continued active service in accordance with standards prescribed for original appointment within a period of 15 days after reporting for duty at his first station. (21 FR 9806, Dec. 12, 1956, as amended at 24 FR 1790, Mar. 12, 1959. Redesignated at 25 FR 5184, June 10, 1960) PROVISIONS APPLICABLE ONLY TO

REGULAR CORPS $21.41 Professional examinations,

holding of; subjects to be included. From time to time the Surgeon General may order examinations to be held in such professions or specialties within professions and for such grades as he deems necessary for the purpose of providing merit rolls of eligible candidates for appointment in the Regular Corps and shall, if a professional examination is to be required, prescribe the subjects

821.42 Examinations; junior assistant,

Assistant, or senior assistant grade. The examination for appointment to the junior assistant, assistant, or senior assistant grade in the Regular Corps shall consist of (a) a written professional examination relating to the fundamentals of the candidate's profession or specialty within his profession and their relationship to the activities of the Service, and (b) an examination as to the candidate's general fitness, which shall include an oral interview, and a review and evaluation of the candidate's academic and professional education and professional training and experience, and may include other written tests to determine the candidate's fitness for appointment as an officer. If an applicant for appointment to any of these grades is an officer of the Reserve Corps who has been on active duty for not less than one year immediately preceding his application, the Surgeon General may direct that the officer be examined as provided in $21.43. [21 FR 9806, Dec. 12, 1956, as amended at 24 FR 1790, Mar. 12, 1959; 25 FR 11099, Nov. 23, 1960)

$ 21.43 Examination; full grade and

above. The examination for appointment to the full, senior, or director grade in the Regular Corps shall consist of a review and evaluation of the candidate's academic and professional education and professional training and experience. The Surgeon General may, however, direct that the examination of a candidate for appointment to any such grade shall also include an oral interview, a written or oral professional examination, or both. $21.44 Clinical or other practical dem.

onstration. In the discretion of the Surgeon General a canulate for appointment to any grade to and including the senior assistarade in the Regular Corps may quired to perform suc

[graphic]

cessfully a clinical or other practical pointment prior to the expiraties: demonstration which, if required, shall merit roll on which his name are constitute a part of the professional ex- shall, unless he requests the amination.

tunity to be reexamined, be rated

the next group of candidates of $21.46 Rating values.

same profession or specialty rite The examination of every candidate

profession for appointment in the s for appointment to any grade in the

grade and shall be given the same Regular Corps shall be rated by a board

ing he had on the expired merit rom appointed pursuant to $21.30 in accord

two candidates who were examined ance with such relative values for each

the same time receive the same name part of the examination as are prescribed by the Surgeon General. No

ical rating the elder candidate shals candidate who receives a final rating

sume relative standing on the ser below 80 shall be appointed in the Reg

roll over the younger candidate. I ular Corps.

candidate whose name is being

ferred from an expired to a new me $21.46 Merit roll.

roll has the same numerical rating 2 Each board appointed pursuant to

candidate whose name is being place $21.30 to consider the qualifications of on the new merit roll for the first time candidates for appointment as officers the former shall assume relative stas. shall assign a numerical rating to each ing on the merit roll over the latte candidate for appointment in the Regu- The name of a candidate may be it lar Corps who passes the examination, moved from a merit roll in the ever and shall submit a report to the Sur- that he refuses an appointment when geon General of the ratings and the rel- offered. No candidate's eligibility for ative standing of all such candidates appointment shall exceed two years for each grade in each profession or less he again becomes eligible as the specialty within a profession. The Sur- result of another examination. geon General shall submit each such report with his recommendations to (21 FR 9806, Dec. 12, 1956, as amended at the Secretary, and, if approved by the

FR 1790, Mar. 12, 1959) Secretary, the report shall constitute a merit roll from which the Secretary

821.47 Examination; anticipation of

meeting qualifications. shall, in accordance with relative standing, recommend available persons A potential candidate for appointto the President for nomination as ment in any grade in the Regular Corps commissioned officers of the Regular may be examined within a period of Corps. A board may consider any newly nine months prior to the date upon discovered evidence relating to the which it is anticipated that he will physical, professional, or personal qualify for appointment under this subqualifications of any candidate exam- part. Upon successful completion of the ined for appointment. Upon

examination, his name will be entered ommendation of such board after re

on a merit roll. In the event that his view of such evidence, the Surgeon

name, in order of relative standing General, with the approval of the Sec

among all candidates, precedes that of retary, may correct the rating of a can

fully qualified candidates, his name, didate or may qualify or disqualify a

for purpose of appointment, shall be candidate. The placing of a candidate's

passed over in favor of fully qualified name on a merit roll shall give no as

candidates until such time as he besurance of an appointment. A merit roll shall expire when a new merit roll

comes fully qualified, but in no event in the same profession or specialty

shall he otherwise lose his relative within a profession and grade has been

standing on the merit roll, except as established, but no merit roll shall con

provided in $21.46. If the candidate fails tinue in effect longer than two years

to qualify for appointment at the time after its approval by the Secretary.

that it was anticipated that he would Every candidate who has not been qualify, his name shall be removed nominated by the President for ap- from the merit roll.

rec

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