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to Indians because of their status as In- (3) Which is accredited or assured acdians.

creditation by a recognized body or (k) Nonprofit as applied to any pri- bodies approved for such purpose by vate entity means that no part of the the Commissioner of Education of the net earnings of such entity inures or Department of Health and Human may lawfully inure to the benefit of Services. any private shareholder or individual. (n) School of medicine, school of den(1) (Reserved]

tistry, school of osteopathy, school of (m) School of allied health professions pharmacy, school of optometry, school of means a junior college, college, or uni

podiatry, school of veterinary medicine, versity

and school of public health means a (1) Which provides, or can provide,

school which provides training leading, programs of education leading to a cer

respectively, to a degree of doctor of tificate, or to an associate or bacca

medicine, a degree of doctor of dental laureate degree (or the equivalent or

surgery or an equivalent degree, a deeither), or to a higher degree for pre

gree of doctor of osteopathy, a degree

of bachelor of science in pharmacy or paring personnel with responsibilities

an equivalent degree, a degree of docfor supporting, complementing,

tor of podiatry or an equivalent degree, supplementing the professional func

and graduate degree in public health, tions of physicians, dentists, and other health professionals in the delivery of

and including advanced training re

lated to such training provided by any health care to patients or assisting en

such school, and is accredited or asvironmental engineers and others in environmental health control and pre

sured accreditation by a recognized ventive medicine activities.

body or bodies approved for such pur

pose by the Commissioner of Education (2) Which, if in college

of the Department of Health and univerisity which does not include a

Human Services. teaching hospital or in a junior college,

(0) School of nursing means a colleis affiliated through a written agree

giate, associate degree, or diploma ment with one or more hospitals which

school of nursing, as those terms are provide the hospital component of the

defined below: clinical training required for comple- (1) The term collegiate school of nurstion of such programs of education.

ing means a department, division, or The written agreement shall be exe

other administrative unit in a college cuted by individuals authorized to act

or university which provides primarily for their respective institutions and to

or exclusively a program of education assume on behalf of their institution

in professional nursing and allied subthe obligations imposed by such agree- jects leading to the degree of bachelor ment. The agreement shall provide:

of arts, bachelor of science, bachelor of (i) A description of the responsibil- nursing, or to an equivalent degree, or ities of the school of allied health pro- to a graduate degree in nursing, and infessions, the responsibilities of the hos- cluding advanced training related to pital, and their joint responsibilities such program of education provided by with respect to the clinical components such school, but only if such program, of such programs of education; and

or such unit, college or university is (ii) A description of the procedure by accredited; which the school of allied health pro- (2) The term associated degree school fessions and the hospital will coordi- of nursing means a department, divinate the academic and clinical training sion, or other administrative unit in a of students in such programs of edu- junior college, community college, colcation; and

lege, or university which provides pri(iii) That, with respect to the clinical marily or exclusively a two-year procomponent of each such program of gram of education in professional nurseducation, the teaching plan and re- ing and allied subjects leading to an assources have been jointly examined and sociate degree in nursing or to an approved by the appropriate faculty of equivalent degree, but only if such prothe school of allied health professions gram, or such unit, college or univerand the staff of the hospital.

sity is accredited;

(3) The term diploma school of nursing means a school affiliated with a hospital or university, or an independent school, which provides primarily or exclusively a program of education in professional nursing and allied subjects leading to a diploma or to equivalent indicia that such program has been satisfactorily completed, but only if such program, or such affiliated school or such hospital or university or such independent school is accredited.

(4) The term accredited as used in this subsection when applied to any program of nurse education means a program accredited or assured accreditation by a recognized body or bodies, or by a State agency, approved for such purpose by the Commissioner of Education of the Department of Health and Human Services and when applied to a hospital, school, college, or university (or a unit thereof) means a hospital, school, college, or university (or a unit thereof) which is accredited or assured accreditation by a recognized body or bodies, or by a State agency, approved for such purpose by the Commissioner of Education of the Department of Health and Human Services.

(p) Secretary means the Secretary of Health and Human Services and any other Officer or employee of the Department of Health and Human Seryices to whom the authority involved has been delegated.

(q) Service means the Indian Health Service.

(r) State or local government means any public health or educational entity which is included within the definition of State or local government in 45 CFR 74.3 and Indian tribes or tribal organizations.

(s) Tribal organization means the elected governing body of any Indian tribe or any legally established organization of Indians which is controlled by one or more such bodies or by a board of directors elected or selected by one or more such bodies (or elected by the Indian population to be served by such organization) and which includes the maximum participation of Indians in all phases of its activities.

(t) Urban center means any city, with a population of 10,000 or more as determined by the United States Census Bureau, which the Secretary determines

has a sufficient urban Indian population with unmet health needs to warrant assistance under title V of the Act.

(u) Urban Indian means any individual who resides in an urban center, as defined in paragraph(s) of this section, and who meets one or more of the four criteria in paragraphs (h) (1) through (4) of this section.

(v) Urban Indian organization means a nonprofit corporate body situated in an urban center which:

(1) Is governed by an Indian controlled board of directors:

(2) Has the provision of health programs as:

(i) Its principal function, or

(ii) One of its major functions and such health progams are administered by a distinct organizational unit within the organization.

(3) Provides for the maximum participation of all interested Indian groups and individuals; and

(4) Is capable of legally cooperating with other public and private entities for the purpose of performing the activities described in 836.350(a) of Subdivision J-6 of this subpart. Except, that criteria (2) and (3) of this subsection shall not apply to an organization administering an urban Indian health project under a contract with the Secretary prior to October 1, 1977, for the period of such contract or until July 1, 1978, whichever is later. [42 FR 59646, Nov. 18, 1977, as amended at 49 FR 7381, Feb. 29, 1984; 50 FR 1855, Jan. 14, 1985]

36.303 Indians applying for scholar

ships. (a) For purposes of scholarship grants under Subdivisions J-3 and J-4 of this subpart, Indian applicants must submit evidence of their tribal membership (or other evidence that that applicant is an Indian as defined in paragraph (h) of $36.302 of this subdivision) satisfactory to the Secretary.

(b) Where an applicant is a member of a tribe recognized by the Secretary of the Interior, the applicant must submit evidence of his or her tribal membership, such as:

(1) Certification of tribal enrollment by the Secretary of the Interior acting professions. In making that determination, the needs of the Service will be given priority consideration.

a

$36.305 Additional conditions.

The Secretary may, with respect to any grant award under this subpart, impose additional conditions prior to or at the time of any award when in his judgment such conditions are necessary to assure or protect advancement of the approved project, the interests of the public health, or the conservation of grant funds.

NOTE: Nondiscrimination. Grants and contracts under this subpart are exempted from the requirements of section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d), prohibiting discrimination on the basis of race, color or national origin, by regulation at 45 CFR 80.3(d) which provides, with respect to Indian Health Services, that “An individual shall not be deemed subjected to discrimination by reason of his exclusion from the benefits of a program limited by Federal law to individuals of a particular race, color, or national origin different from his." [42 FR 59646, Nov. 18, 1977, as amended at 50 FR 1855, Jan. 14, 1985)

through the Bureau of Indian Affairs (BIA); or

(2) In the absence of such BIA certification, documentation that the applicant meets the requirements of tribal membership as prescribed by the charter, articles of incorporation or other legal instrument of the tribe and has been officially designated tribal member by an authorized tribal official; or

(3) Other evidence of tribal membership satisfactory to the Secretary.

(c) Where the applicant is a member of a tribe terminated since 1940 or a State recognized tribe, the applicant must submit documentation that the applicant meets the requirements of tribal membership as prescribed by the charter, articles of incorporation or other legal instrument of the tribe and has been officially designated a tribal member by an authorized tribal official; or other evidence, satisfactory to the Secretary, that the applicant is a member of the tribe. In addition, if the terminated or State recognized tribe of which the applicant is a member is not on a list of such tribes published by the Secretary in the FEDERAL REGISTER. the applicant must submit documentation as may be required by the Secretary that the tribe is a tribe terminated since 1940 or is recognized by the State in which the tribe is located in accordance with the law of that State.

(d) An applicant who is not a tribal member, but who is a natural child or grandchild of a tribal member as defined in paragraph (h) of 836.302 of this subdivision must submit evidence of such fact which is satisfactory to the Secretary, in addition to evidence of his or her parent's or grandparent's tribal membership in accordance with paragraphs (b) and (c) of this section. 836.304 Publication of a list of allied

health professions. The Secretary, acting through the Service, shall publish from time to time in the FEDERAL REGISTER a list of the allied health professions for consideration for the award of preparatory and Indian Health scholarships under subdivisions J-3 and J-4 of this Subpart, based upon his determination of the relative needs of Indians for additional service in specific allied health

SUBDIVISION J-2-HEALTH PROFESSIONS RECRUITMENT PROGRAM FOR INDIANS

$36.310 Health professions recruit

ment grants. Grants awarded under this subdivision, in accordance with section 102 of the Act, are for the purpose of assisting in meeting the costs of projects to:

(a) Identify Indians with a potential for education or training in the health professions and encouraging and assisting them (1) To enroll in schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, public health, nursing, or allied health professions; or (2), if they are not qualified to enroll in any such school, to undertake such post-secondary education or training as may be required to qualify them for enrollment;

(b) Publicize existing sources of financial aid available to Indians enrolled in any school referred to in paragraph (a)(1) of this section or who are undertaking training necessary to qualify them to enroll in any such school; or

(c) Establish other programs which (v) The name and qualifications of the Secretary determines will enhance the project director or other individual and facilitate the enrollment of Indi- responsible for the conduct of the ans, and the subsequent pursuit and project; the qualifications of the completion by them of courses of prinicipal staff carrying out the study, in any school referred to in project; and a description of the manparagraph (a)(1) of this section.

ner in which the applicant's staff is or

will be organized and supervised to $36.311 Eligibility.

carry out the proposed project; Any Indian tribe, tribal organization, (5) An itemized budget for the budget urban Indian organization, Indian period (normally 12 months) for which health organization or any public or support is sought and justification of other nonprofit private health or edu- the amount of grant funds requested: cational entity is eligible to apply for a

(6) The intended financial participahealth professions recruitment grant tion, if any, of the applicant in the prounder this subdivision.

posed project specifying the type of

contributions such as cash or services, 8 36.312 Application.

loans of full or part-time staff, equip(a) Forms for applying for grants are

ment, space, materials or facilities or governed by 45 CFR part 74, subpart N.1

other contributions; (b) In addition to such other perti

(7) When the target population of a nent information as the Secretary may

proposed project includes a particular require, the application for a health

Indian tribe or tribes, an official docuprofessions recruitment grant shall ment in such form as is prescribed by contain the following:

the tribal governing body of each such (1) A description of the legal status tribe indicating that the tribe or tribes and organization of the applicant;

will cooperate with the applicant. (2) A description of the current and

(c) In the case of proposed projects proposed participation of Indians (if

for identification of Indians with a poany) in the applicant's organization.

tential for education or training in the (3) A description of the target Indian health professions, applications must population to be served by the proposed

include a method of assessing the poproject and the relationship of the ap

tential of interested Indians for underplicant to that population;

taking necessary education or training (4) A narrative description of the na

in the health professions. Proposed ture, duration, purpose, need for and projects may include, but are not limscope of the proposed project and of the ited to, the following activities: manner in which the applicant intends

(1) Identifying Indian elementary and to conduct the project including:

secondary school students through ob(i) Specific measurable objectives for servations, aptitude or other testing, the proposed project;

academic performance, performance in (ii) How the described objectives are

special projects and activities, and consistent with the purposes of section

other methods as may be designed or 102 of the Act;

developed; (iii) The work and time schedules (2) Identifying Indians in college or which will be used to accomplish each university programs, related employof the objectives;

ment, upward mobility programs or (iv) A description of the administra- other areas of activity indicative of intive, managerial, and organizational

terest and potential; arrangements and the facilities and re

(3) Review of the upward mobility sources to be utilized to conduct the plans, skills, banks etc. of organizaproposed project;

tions employing Indians to identify individuals with appropriate career ori

entations, expression of interest, or 1 Applications and instructions may be ob

recognized potential; tained from the appropriate Indian Health Service Area or Program Office or by writing

(4) Conducting workshops, health cathe Director, Indian Health Service, Room

reer days, orientation projects or other 5A-55, 5600 Fishers Lane, Rockville, MD activities to identify interested Indians 20857.

at any age level;

or

or

(5) Performing liaison activities with Indian professional organizations, Indian education programs (including adult education), Indian school boards, Indian parent, youth recreation community groups, or other Indian special interest or activity groups;

(6) Identifying those Indians with an interest and potential who cannot undertake compensatory education training in the health professions because of financial need.

(d) Proposed projects designed to encourage and assist Indians to enroll in health professions schools; or, if not qualified to enroll, to undertake postsecondary education or training required to qualify them for enrollment may include, but are not limited to, the following activities:

(1) Providing technical assistance and counseling to encourage and assist Indians identified as having a potential for education or training in the health professions

(i) To enroll in health professions schools.

(ii) To undertake any post-secondary education and training required to qualify them to enroll in health professions schools, and

(iii) To obtain financial aid to enable them to enroll in health professions schools or undertake post-secondary education or training required to qualify them to enroll in such schools;

(2) Conducting programs to (i) identify factors such as deficiencies in basic communication, research, academic subject matter (such as science, mathematics, etc.), or other skills which may prevent or discourage Indians from enrolling in health professions schools or undertaking the postsecondary education or training required to qualify them to enroll, and (ii) provide counseling and technical assistance to Indians to assist them in undertaking the necessary education, training or other activities to overcome such factors.

(e) Proposed projects to publicize existing kinds of financial aid available to Indians enrolled in health professions schools or to Indians undertaking training necessary to qualify them to enroll in such schools may include, but are not limited to, the following activities:

(1) Collecting information on available sources of financial aid and disseminating such information to Indian students, Indians, recruited under programs assisted by grants under this subdivision and to Indian tribes, tribal organizations, urban Indian organizations, Indian health organizations and other interested groups and communities throughout the United States;

(2) Providing information on available sources of financial aid which can be utilized by programs and counselors assisting Indians to obtain financial aid.

(f) Proposed projects for establishment of other programs which will enhance or facilitate enrollment of Indians in health professions schools and the subsequent pursuit and completion by them of courses of study in such schools may include, but are not limited to, the following activities:

(1) Compilation and dissemination of information on

(i) Health professions education or training programs and the requirements for enrollment in such programs; and

(ii) Post-secondary education training curricula and programs designed to qualify persons for enrollment in health professions schools;

(2) Developing and coordinating career orientation programs in local schools (including high schools) and colleges and universites;

(3) Developing programs to enable Indians to gain exposure to the health professions such as arranging for (i) visits to health care facilities and programs and meetings or seminars with health professionals, (ii) part-time summer or rotating employment in health care facilities, programs, or offices of health professionals, (iii) volunteer programs, or (iv) other means of providing such exposure;

(4) Developing programs which relate tribal culture and tradition, including native medicine, to careers in the health professions; and

(5) Developing programs to make Indians aware of projected health manpower needs, expected employment opportunities in the health professions, and other factors in order to orient and

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