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835.11 Clinical records; confidential.

A complete clinical record shall be maintained for each patient admitted to a station or hospital of the Service. Such records shall be confidential and shall not be disclosed except as may be provided elsewhere in regulations of the Service.

835.12 Solicitation of legal business

prohibited. The solicitation, directly or indirectly, of legal business or of a retainer or agreement authorizing an attorney to render legal services, is prohibited in all stations and hospitals of the Service.

sce in which the station or hospital ocated, to receive or dispose of the ent's money and effects. In any - in which the officer in charge has [ actual notice of the appointment 1 legal representative, withdrawals y be made only by such representa2 or in accordance with his written ections. No delivery shall be made ler this paragraph unless (1) the per| receiving the money or effects ull sign an itemized receipt therefor, (2) the delivery is witnessed by two ssons. The provisions of this parauph do not prohibit withdrawals ede necessary by the provisions of is part for the disposition of money cd effects left by patients on death or

departure from the station or hostal, or by the provisions of $35.10. 35.9 Disposition of money and effects

left by other than deceased pa

tients. Money and effects left on the premses by a patient shall be forwarded romptly to him. If because his wherebouts are unknown his money and efects cannot be delivered to him within 20 days after his departure, his money hall be deposited into the Treasury ind credited to the account entitled 'Money and Effects of Former Patients (PHS (T) name of patient)," and his efCects shall be held for him for six months and then sold in accordance with $35.49, and the proceeds deposited into the Treasury and credited to the above account.

$35.13 Entry for negotiation of release

or settlement. (a) No person shall be permitted to enter a station or hospital of the Service for the purpose of negotiating a settlement or obtaining a general or special release or statement from any patient with reference to any illness or personal injury for which the patient is receiving care or treatment, or for the purpose of conferring with him as an attorney or representative of an attorney with reference to such illness or injury, unless the patient has signified his willingness to have such person enter for such purpose and, in the judgment of the officer in charge, the physical or mental condition of the patient will not thereby be impaired.

(b) Any person entering a station or hospital for a purpose enumerated in paragraph (a) of this section shall register in the manner prescribed by the officer in charge, and shall furnish for the records of the station or hospital the name of each patient by whom he has been received for such a purpose. 8 35.14 Solicitation of legal business;

negotiation of release or settlement;

assistance prohibited. All employees of the Service and all persons attached in any capacity to a station or hospital, including patients, are forbidden to communicate, directly or indirectly, with any person for the purpose of aiding in the solicitation of legal business or in the negotiation of a settlement or the obtaining of a general or special release or statement from any patient with reference to any

$35.10 Destruction of effects dan

gerous to health. The officer in charge shall cause to be destroyed effects brought into or received in the station or hospital area by patients which, in the judgement of such officer, are dangerous as a source of disease to the health or life of patients or personnel of the station or hospital or visitors therein and cannot otherwise be safely disposed of or rendered harmless by disinfection or other means. The destruction of effects shall be witnessed by at least one officer or employee designated for that purpose by the officer in charge, and appropriate records of the destruction shall be maintained.

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42 CFR Ch.1(10

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illness or personal injury for which the or (2) a certification of a ciss patient is receiving care or treatment or document; or (3) a search to therein. No patient is prohibited by records, shall make writtene this section from communicating on therefor to the Public Healta his own behalf with an attorney of his facility having custody of the choice or with other persons.

matter involved. Such eine

shall state specifically the means $35.15 Consent to operative proce

record or document requested

. I dures.

purpose for which such copy Except in emergencies when the pa

ment is desired to be used. They tient is physically or mentally incapa- tion shall be accompanied by 15 ble of consenting and the delay re- in an amount equal to the quired to obtain the consent of his nat

charge for the service rendesi ural or legal guardian would seriously it is not known if a clinical endanger the patient's health, no oper- other document is in existent. ative procedure shall be undertaken plication shall be accompaniet unless the patient or, in the case of a

minimum deposit of $2.50. minor or incompetent, his natural or

(b) Authorization for disclose* legal guardian gives his consent, nor

furnishing of copies of PHS :: shall any major operative procedure or

containing confidential clinica the administration of

general

mation must comply with the anaesthetic be undertaken unless such ments of part

title 42, Code consent has been obtained in writing.

eral Regulations, governing acte The consent or refusal of consent shall

tion for the disclosure of such in be made a part of the clinical record.

tion.

(c) Schedule of fees.
835.16 Autopsies and other
mortem operations.

(1) Photocopy reproduction of a clinical record ?

other document (through use of facility equipment Autopsies, or other post-mortem op- (a) Processing (searching, preparation of Escort

and use of equipment), first page erations, including removal of tissue

(b) Each additional page
for transplanting, may be performed on

(2) Certification, per document
the body of a deceased patient only by (3) Unsuccessful searching. per hour (minimum
direction of the officer in charge and charge 1 hour)

(4) Clinical abstracts, per request
only if consented to in writing by a

(5) Arranging commercial duplication of a canca
person authorized under the law of the

record, per request
State in which the station or hospital (6) If the requested material is to be transmitted by
is located to permit an autopsy or such registered mail

, airmail
, or special delivery mail

, te
other post-mortem operation under the

postal fees therefor shall be added to the one

fees provided above, unless the applicant has a
circumstances of the particular death

cluded proper postage or stamped retum arve
involved. Restrictions or limitations lopes for this purpose.
imposed by the person consenting "The private concern which duplicates records to
thereto on the extent of the autopsy or

cant will make a separate charge therefor and will be

plicant directly.
other post-mortem operation shall be
observed. Documents embodying con-

(d) Waiver of fee. The prescribed
sent shall be made a part of the clinical

may be waived, in the discretion of the record.

medical officer in charge, under

following circumstances: (25 FR 6331, July 6, 1960)

(1) When the service or documents requested by another agency

of S.
835.17 Fees and charges for copying, Federal Government for use in carti

certification, search of records and
related services.

ing out official Government business.
(2) When a clinical record

is
A prescribed fee, in accordance with
the schedule in paragraph (c) of this

quested for the purpose of providiss

continued medical care to a Service
section, shall be collected for each of
the listed services.

beneficiary by a non-Service physician.

clinic, or hospital, in which case (a) Application for services. Any person record will be forwarded only to requesting (1) a copy of a clinical

the record, clinical abstract, or other docu

physician, clinic, or hospital

сопment containing clinical information;

cerned.

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may be necessary to protect the health and safety of the patient and other persons likely to come into contact with him, including in the case of a prisoner such guards as may be necessary to assure his safekeeping. A female patient requiring the services of attendants shall be accompanied by at least one female attendant. Medical or nursing attendants shall be qualified to care for persons suffering from the type of disease or disorder with which the patient is afflicted and shall be provided with equipment and medicines necessary for the care of the patient.

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1en the service or document is E zezed by an attorney in the prosTe of a Service beneficiary's per

e njury claim against a third perinvolving the concurrent assertion 17zovernment medical care claim

42 U.S.C. 2651-2653. In such case,

vice or document requested will rnished only upon compliance all additional requirements for

lease of records in third party reLe cases, including the proper exe

of form PHS_4686, Agreement to a Claim Upon Request. When the service or document is sted by, and furnished to, a Memi Congress for official use. When the service or document is sted by, and furnished to, a court eu of the personal court appear

of an employee of the Public th Service.

When the service or document is egzamired to be furnished free in accord

3 with a Federal statute or an Exec

'e order. leaders) When the furnishing of the service o locument requested without charge

uld be an appropriate courtesy to a cemereign country or international orgawaxation. on C. 501, 65 Stat. 290; 31 U.S.C. 483(a); sec.

58 Stat. 690, as amended; 42 U.S.C. 216)
FR 6842, May 4, 1967)

Subpart C-Disposition of Articles

Produced by Patients

$35.31 Retention by patients.

Subject to the rules of the station or hospital, patients may be accorded the privilege of retaining articles produced by them in the course of their curative treatment with the aid of materials furnished by the Service. Articles not retained by patients shall be disposed of as provided in this subpart. The provisions of this subpart do not apply to the products of industrial activities established for narcotic addicts.

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Subpart B-Transfer of Patients 35.21 Authorization of transfer. Except as otherwise provided by law of regulation with respect to certain lasses of patients, the officer in

harge of a station or hospital of the service may provide, without any cost goo the patient, for the transfer of the

patient either from such station or 2ospital to another station or hospital of the Service or to any non-Service station or hospital at which the patient may be received, or from any non-Service hospital at which he is receiving care or treatment as a patient of the Service to a station or hospital of the Service.

$35.32 Board of appraisers.

The officer in charge shall appoint, from the personnel of the station or hospital, a board of three persons to serve at his pleasure. The board shall provide for the sale of articles having commercial value and shall keep appropriate records of such articles and their disposition. 835.33 Sale; prices; deposit of pro

ceeds. The board shall determine and redetermine from time to time the prices at which articles are to be sold, and in doing so shall consider the cost of materials used, reasonable handling charges, and the fair market value of the articles. The sale price shall be indicated on each article by tag or other appropriate means, and a list of articles offered for sale and their respective sale prices shall be posted from time to time in the hospital or station area. In its discretion, the board may offer such articles for purchase by other patients or by charitable organi

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$35.22 Attendants.

Patients shall be transferred by such means and accompanied by such medical, nursing, or other attendants as

zations before offering them for purchase to the general public. No article shall be sold or resold to any officer or employee of the Service. Moneys received from the sale of articles shall be deposited into the Treasury to the credit of the appropriation from which the materials for making such articles were purchased.

835.34 Resale.

No article purchased under the provisions of this subpart shall be resold in the hospital or station area at a price to exceed the sale price fixed by the board for such article.

835.35 Unsalable articles.

Articles having no commercial value shall be stored, destroyed, or otherwise disposed of as the officer in charge may direct.

Subpart D-Disposal of Money and Elects of Deceased Patients

$ 35.41 Inventory.

Promptly after the death of a patient in a station or hospital of the Service, an inventory of his money and effects left therein shall be made by two or more officers or employees of the Seryice designated for such purpose by the officer in charge.

therefor on a form prescribed by the Surgeon General.

(b) A claimant shall furnish, in addition to the information on the pre scribed form, such additional informa tion as the officer in charge may consider necessary to establish the idertity of the claimant and the truth o his statements.

(c) A person filing a claim as a lega representative shall be required to present letters of administration or a certificate of a court attesting his qualification or appointment.

(d) If a claim is made after the money, or proceeds from the sale of the effects, of a deceased patient have been deposited in the Treasury, the claim shall be referred to the General Accounting Office. If the claim is for checks or evidences of indebtedness of the United States which have been trasnsmitted to the issuing agency pursuant to $835.47 and 35.48, the claimant shall be referred to such agency. 835.44 Delivery to legal representa

tive; to other claimants if value is

$1,000 less. The money and effects of the deceased patient shall in all cases be delivered to the legal representative, if any, of his estate. If the value is $1,000 or less, and the officer in charge has neither notice nor other knowledge of the appointment or qualification of a legal representative, nor reason to believe that a legal representative will be appointed or qualified, he shall deliver all the money and effects, as soon as practicable after the expiration of 10 days from the sending of notices to one of the following in the indicated order of priority:

(a) A person, if any, designated in writing by the patient to receive the same.

(b) The patient's surviving spouse.

(c) The patient's child or children in equal parts.

(d) The patient's parent or parents in equal parts.

(e) Any other person who would be entitled to receive the money and effects under the law of the patient's domicile: Provided, That delivery of such money and effects may be made immediately upon application by one of the persons specified above if the of

$ 35.42 Notice upon death.

The officer in charge shall notify in writing all persons known to him to whom delivery of the patient's money and effects might be made hereunder, and, in the case of an alien patient, a consul of the country of his apparent nationality. Each person so notified shall be requested to furnish information concerning (a) the existence or whereabouts of any persons to whom delivery of the deceased patient's money and effects may be made pursuant to these provisions, and (b) the permanent residence or home of the deceased.

835.43 Delivery only upon filing claim;

forms; procedure. (a) Delivery of the money and effects of a deceased patient shall be made only to a person who has filed a claim

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ficer in charge has neither notice nor Patients, Public Health Service." If, other knowledge that a person higher within six months after the death of a in the indicated order of priority ex- patient, no claim has been filed pursuists.

ant to the provisions of 835.43, his ef

fects (including foreign currency and 8 35.45 Disposition of effects; excep- coin but excluding Postal Savings Certions.

tificates and other evidences of indebtIrrespective of the provisions of this edness of the United States) shall be subpart, the officer in charge may (a) sold at public auction or by sealed bids release from among the effects of the to the highest bidder and the proceeds deceased patient so much of the pa- deposited to the credit of the trusttient's clothing as may be necessary fund account entitled “Money and Effor use in preparation of his body for fects of Deceased Patients, Public burial and (b) cause to be destroyed, or Health Service." Postal Savings Cerotherwise disposed of, such used toilet tificates and other evidences of indebtarticles of the patient as appear to edness of the United States shall be have no commercial or other value. transmitted to the issuing department

or agency with a statement of the oc835.46 Conflicting claims.

casion therefor. In any

case in which conflicting claims are filed or the officer in charge

8 35.49 Sale of unclaimed effects; pro

cedures. considers it to be in the interest of persons who may be ultimately entitled The following provisions shall govern thereto, delivery may be withheld from the sale of effects: all persons other than a duly qualified (a) Notice. Reasonable advance notice legal representative.

of proposed sales shall be posted at

such prominent places in the station or $ 35.47 Disposition of Government hospital area as the officer in charge checks.

may designate. In addition, a notice Notwithstanding any other provi- shall be posted at the nearest post ofsions of this subpart, immediately fice, and notices shall be sent by mail upon completion of the inventory, to all known persons to whom delivery checks drawn on the Treasurer of the of money and effects of the patient United States shall be sent by safe may be made under the provisions of means to the department, agency, or this subpart. The officer or employee establishment of the Government of who posts or sends notices of sales the United States issuing such checks. shall make an appropriate affidavit on The transmittal shall be accompanied a copy of the notice as to his action in by a statement of the reasons therefor that respect, including in his affidavit and of all available information which the names of persons to whom copies of may aid the issuing unit in the disposi- the notices were mailed and the mailtion of the check transmitted. Notice ing dates. The copy of the notice on of the disposition of any checks, with which the affidavit appears shall be reidentifying information, shall be given tained in the files of the station or hosto the person or persons, if any, to pital. which money and effects are delivered (b) Form and contents of notice. Notice in accordance with $35.44.

of proposed sales shall be given on a

form prescribed by the Surgeon Gen$ 35.48 Deposit of unclaimed money; eral. The notice shall include: an insale of unclaimed effects and de

ventory of the effects to be offered for posit of proceeds.

sale; the names of the patients from If, within 120 days after sending of whom the effects were received; the notices no claim has been filed pursu- precise date, time, and place when and ant to the provisions of $35.43, the pa- where the sale will be held; a statetient's money, consisting of all types of ment that the articles will be available United States currency and coin, shall for inspection immediately prior to be deposited in the Treasury to the sale, if sold at public auction, or on a credit of the trust-fund account enti- day and during the hours appointed for tled "Money and Effects of Deceased the inspection of articles if sold by

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