57.3202 How will allowable increases 57.400 termined?

be

Subpart HH-Programs for the Training Expanded Function Dental Auxilial 57.400

57.3301 Purpose.

57.3302 Definitions.

57.3303 Requirements.

Subparts II-LL—(Reserved)

Subpart MM-Area Health Educat
Center Program

57.3801 To what programs do these tions apply?

57.3802

Definitions.

57.401

Subp

57.410

57.410

57.4%

57.41

57.4

57.4

57.4

57.3804 Project requirements. 57.3805 When do the requirements

57.41

57.41

apply?

57.3806 How will applications be eva 57.3807 How is the amount of the av termined?

57.41

57.3803 Who is eligible to apply for ative agreement?

6556

other health personnel (42 U.S.C. 293 et seq.).

$57.102 Definitions.

As used in this subpart:

(a) All terms not defined herein shall have the same meaning as given them in section 724 of the Act.

(b) Act means the Public Health Service Act, as amended.

(c) Secretary means the Secretary of Health and Human Services and any other officer or employee of the De partment of Health and Human Serv ices to whom the authority involved has been delegated.

(d) Council means the National AdvT sory Council on Health Profesiona Education (established pursuant to sec tion 725 of the Act).

(e) Construction grant and grant mess a grant of funds for the construction 1 an approved project as Bath zet under part B of title VII of the Act, 1 in accordance with these regulation

(f) Affiliated hospital or affäris na patient facility means a hoja & patient facility (as defined to stic 645 of the Act) which, althougt 955 owned by such school, has a wom agreement with a school of motore osteopathy or dentistry reta sistance under this subga for effective control by the Chon T the teaching in the 2 patient facility.

(g) New school meats a

at the time of filing a 25 exien ta a construction grant we

part, has not graduatet &#2 of an insufficient pero V VAKIA

(h) Equipment acute free te which are n" he finerten:of the facility v w teat respect to what the statis does not include name 1 sure ating expense med IT 100

as glasswacz chemiczna con !

drugs.

(1) Adet Hacation means training in the teach viences weyond the first professional degree or equivalent degree, and much training related thereto. Bech training may include internships and realdencies, and work toward man

ters and Ph. D. degrees.

(j) Continuing education means training for which no degree is awarded and in which health professions personnel participate in order to enhance their skills, and refresher may include

courses, seminars, and the like.

retar (h)

assur

that vide

S

(less
ties
being
(1) E
ronme

called tional 1969 (

(d) Except in the case of an am in ac tion with respect to an affiliate pital or affiliated outpatient fa be accredited by a recognized but respe bodies approved for such purpos the Commissioner of Education, that a new school which (by reas no, or an insufficient period of ation) is not, at the time of mak plication for the construction gran igible for accreditation by such nized body or bodies shall be de accredited for purposes of recei grant if the Commissioner finds consultation with the appropria creditation body or bodies, that is reasonable assurance that school, after completion of the fac and at or prior to the time of p tion of the first class to use such ity, will have met the accred standards of such body or bodie vided, That, in the case of an tion from a combination of s each constituent school must requirements of this paragraph: (e) In the case of an applicatio respect to an affiliated hospital patient facility, have its applie approved by the school of medica teopathy, or dentistry with wh hospital or outpatient facility ated;

(k) Multipurpose facilities means facilities which are primarily for teaching purposes, but which are also for research, or research and related purposes, in the sciences related to health (within the meaning of part A of title VII of the Act) or for medical library purposes (within the meaning of part J of title III). The Secretary may determine "to be primarily for teaching purposes" any facilities with respect to which he determines that the health professions teaching portions of such facilities, including research and library space essential for teaching purposes, will substantially exceed the total of the research and library portions which are not essential for teaching taken together.

(1) Completion of construction means that date on which the Secretary determines, on the basis of certification by the grantee, that the project is completed: Provided, however, In the event the grantee occupies the project prior to the date of such certification, the Secretary shall be immediately notified of such occupancy, and "completion of construction" shall be deemed to have occurred with respect to the project as of the date of such occupancy.

$57.103 Eligibility.

In order to be eligible for a construction grant under part B of the Act, the applicant shall:

(a) Meet the applicable requirements of section 721(b) of the Act;

(b) Be a public or nonprofit private school of medicine, dentistry, osteopathy, pharmacy, optometry, podiatry, veterinary medicine, public health, or any combination thereof, or an affiliated hospital or affiliated outpatient facility;

(c) Be located in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Canal Zone, American Samoa, the Trust Territories of the Pacific Islands or Guam;

ect s and (Aug tion ally

$57.1

(a)

for min

sped and

(1)

roll dent

(2)

pro of t

the

(3

can

use (4)

(f) In the case of an application respect to the construction of purpose facilities, provide evidenc isfactory to the Secretary that cilities will be used primaril teaching purposes, and that such the ties are otherwise eligible under of title VII of the Act;

con

ass

Sch

der

(g) In the case of a project f construction of a facility intende least in part, for the provisi health services, provide an opport for comment with respect to project to

(1) The State agency adminis or supervising the administrati the State plan approved under se 314(a), and

Sur

Sch

Fed

ordance with criteria of the SecE, similar functions; en the case of an application with art to interim facilities, provide

ince satisfactory to the Secretary such facilities are designed to proeaching space on a short-term han 10 years) basis while facilif a more permanent nature are planned and constructed;

rovide its assessment of the envintal impact of the project as bo for by section 102(2)(c) of the NaSex Environmental Policy Act of 2 U.S.C. 4332(c)); Saturnish its evaluation of the projte in accordance with the terms Fovisions of E.O. 11296, 31 FR 10663

test 10, 1966) relating to the evaluathe Exwned or financed facilities.

have

of flood hazards in locating feder

part may not exceed 70 percent of the necessary cost of construction of a project as determined by the Secretary, except:

(i) In the case of a project with respect to a school of public health, the amount of such grant may not exceed 75 percent of the necessary cost of construction; and

(ii) In the case of (a) a project with respect to a new school; (b) a project constituting new facilities which will result in a major expansion of training capacity at an existing school in accordance with paragraph (a)(2) of this section; (c) all or so much of a project constituting a major remodeling or renovation of an existing facility which is required by a school to meet an increase in student enrollment; or (d) any other project where the Secretary determines that unusual circumstances require a larger percent of participation in order to carry out the intent of part B of title VII of the Act the amount of such grant may not exceed 80 percent of the necessary cost of construction.

(2) For purposes of paragraph (a)(1) of this section:

(i) A major expansion of training capacity at an existing school shall be construed to mean that the full-time first-year enrollment at such school, upon completion of construction, will exceed the highest full-time first-year enrollment at such school for any of the 5 full school years preceding the year in which the application for a construction grant is made by not less than 40 students or 40 percent, whichever is greater: Provided, however, That where the Secretary determines with respect to a particular school that such increased enrollment cannot be achieved until the second or third full school year after completion of construction, he may determine that the requirements for a major expansion of training capacity are met for each of the first or second full school years after completion of construction, if during such first or second full school year the increase in first-year enrollment will equal such amount in excess of 5 percent or five students, whichever is greater, as the Secretary may specify;

1 of existing facilities (including ral medical or dental facilities), school will be able to accelerate date on which it will begin its ing program.

05 Percentage of participation; mount of construction grant. Percentage of maximum participa(1) The amount of any construcgrant made under part B of title of the Act and pursuant to this sub

(ii) A major remodeling or renovation of a facility shall include only that portion of remodeling or renovation which is necessary to meet an increase in student enrollment, which increase shall be construed to mean that, during the first full school year after completion of construction and for each of the 9 school years thereafter the first-year enrollment will exceed the highest first-year enrollment at such school for any of the 5 full school years preceding the year in which the application is made by not less than the mandatory increase as provided for under section 770(f)(1)(A) of the Act;

(iii) Unusual circumstances may be determined by the Secretary to exist: (a) Where a school is located in a geographical area of the United States with a critical shortage of health profession manpower (as determined by the Secretary with the advice of Council);

(b) Where the project is found to be necessary to prevent the curtailment of enrollment at a school;

(c) Where the project is essential to the securing or maintenance of a school's accreditation; or

(d) Where there are other relevant factors consistent with this subpart and the purposes of part B of title VII of the Act.

(b) Amount of construction grant-less than maximum. In determining the amount of a construction grant within the percentage limitations as set forth in paragraph (a) of this section, the Secretary shall take into consideration the most effective use of available Federal funds to further the purposes of part B of title VII of the Act, and the needs of the applicant.

$57.106 Nondiscrimination.

(a) Executive Order 11246. Each construction contract under this subpart is subject to the condition that the applicant shall comply with the requirements of Executive Order 11246, 30 FR 12319 (September 24, 1965), as amended, relating to nondiscrimination in construction contract employment, and the applicable rules, regulations, and procedures prescribed pursuant there

to.

(b) Civil Rights Act of 1964. Attention is called to the requirements of title VI

of the Civil Rights Act of 1964 (78 Stat 252, 42 U.S.C. 2000d et seq.), which pre vides that no person in the Unite States shall, on the grounds of race color, or national origin, be exclude from participation in, be denied the benefits of, or be subjected to discrim nation, under any program or activit receiving Federal financial assistanc A regulation implementing such ti VI, which is applicable to grants ma under this part, has been issued by t Secretary with the approval of th President (45 CFR part 80).

(c) Discrimination on the basis of prohibited. Attention is called to the quirements of section 704 of the Act and to 45 CFR part 83 which togethe provide that the Secretary may make a grant, loan guarantee, or inte est subsidy payment under title VII the Act to, or for the benefit of, a school of medicine, osteopathy, de tistry, veterinary medicine, optometry pharmacy, podiatry, or public hea or any training center for allied b personnel or to any other entity the application for the grant, guarantee, or interest subsidy payme contains assurances satisfactory to t Secretary that the school, traini center or other entity will not criminate on the basis of sex in the mission of individuals to its traini programs.

[37 FR 20543, Sept. 30, 1972, as amended st FR 38112, Sept. 27, 1984]

$57.107 Terms and conditions.

In addition to any other requi ments imposed by law or determi by the Secretary to be reasonably essary with respect to particula projects to fulfill the purpose of t grant, each construction grant shall subject to the condition that the app cant shall furnish and comply with following assurances:

(a) Title. That applicant has a simple or such other estate or interes in the site, including necessary ess ments and rights-of-way, sufficient assure for a period of not less than years (or in the case of interim facil ties for the period constituting the timated useful life of such facilitie undisturbed use and possession for purpose of the construction and op ation of the facility;