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contractor of a covered entity will not be covered for acts or omissions occurring after receipt by the entity employing such individual of notice of a final determination by the Attorney General that he or she is no longer covered by this part, in accordance with section 224(i) of the Act.

$6.5 Deeming process for eligible enti.

ties. Eligible entities will be covered by this part only on and after the effective date of a determination by the Secretary that they meet the requirements of section 224(b) of the Act. In making such determination, the Secretary will receive such assurances and conduct such investigations as he or she deems necessary. $6.6 Covered acts and omissions.

(a) Only acts and omissions occurring on and after the effective date of the Secretary's determination under $6.5 and before the later date specified in section 224(g)(3) of the Act are covered by this part.

(b) Only claims for damage for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions are covered by this part.

(c) With respect to covered individuals, only acts and omissions within the scope of their employment (or contract for services) are covered. If a covered individual is providing services which are not on behalf of the covered entity, such as on a volunteer basis or on behalf of a third-party (except as described in paragraph (d) of this section), whether for pay or otherwise, acts and omissions which are related to such services are not covered.

(d) Only acts and omissions related to the grant-supported activity of entities are covered. Acts and omissions related to services provided to individuals who are not patients of a covered entity will be covered only if the Secretary determines that:

(1) The provision of the services to such individuals benefits patients of the entity and general populations that could be served by the entity through

community-wide intervention efforts within the communities served by such entity;

(2) The provision of the services to such individuals facilitates the provision of services to patients of the entity; or

(3) Such services are otherwise required to be provided to such individuals under an employment contract or similar arrangement between the entity and the covered individual.

(e) Examples. The following are examples of situations within the scope of paragraph (d) of this section:

(1) A community health center deemed to be a covered entity establishes a school-based or school-linked health program as part of its grant supported activity. Even though the students treated are not necessarily registered patients of the center, the center and its health care practitioners will be covered for services provided, if the Secretary makes the determination in paragraph (d)(1) of this section.

(2) A migrant health center requires its physicians to obtain staff privileges at a community hospital. As a condition of obtaining such privileges, and thus being able to admit the center's patients to the hospital, the physicians must agree to provide occasional coverage

of the hospital's emergency room. The Secretary would be authorized to determine that this coverage is necessary to facilitate the provision of services to the grantee's patients, and that it would therefore be covered by paragraph (d)(2) of this section.

(3) A homeless health services grantee makes arrangements with local community providers for after-hours coverage of its patients. The grantee's physicians are required by their employment contracts to provide periodic cross-coverage for patients of these providers, in order to make this arrangement feasible. The Secretary may determine that the arrangement is within the scope of paragraph (d)(3) of this section.

[60 FR 22532, May. 8, 1995; 60 FR 36073, July 13, 1995)

PART 7-DISTRIBUTION OF REF-
ERENCE BIOLOGICAL STAND-
ARDS AND BIOLOGICAL
PREPARATIONS

lished without а. full collaborative study, or where a collaborative study has shown that it is not appropriate to establish the preparation as an international standard.

Sec.

87.4 Schedule of charges. 7.1 Applicability. 7.2 Establishment of a user charge.

The charges imposed in $7.2 are based 7.3 Definitions.

on the amount published in CDC's price 7.4 Schedule of charges.

list of available products. These 7.5 Payment procedures.

charges will reflect direct costs (such 7.6 Exemptions.

as salaries and equipment), indirect AUTHORITY: Sec. 215, 58 Stat. 690, as amend- costs (such as rent, telephone service, ed (42 U.S.C. 216); title V of the Independent and a proportionate share of manageOffices Appropriation Act of 1952 (31 U.S.C. ment and administrative costs), and 9701); and sec. 352 of the Public Health Serv

the costs of particular ingredients. ice Act, as amended (42 U.S.C. 263).

Charges may vary over time and beSOURCE: 52 FR 11073, Apr. 7, 1987, unless tween different biological standards or otherwise noted.

biological preparations, depending

upon the cost of ingredients and the $7.1 Applicability.

complexity of production. An up-toThe provisions of this part are appli- date schedule of charges is available cable to private entities requesting from the Biological Products Branch, from the Centers for Disease Control Center for Infectious Diseases, Centers (CDC) reference biological standards for Disease Control, 1600 Clifton Road, and biological preparations for use in Atlanta, Georgia 30333. their laboratories.

$7.5 Payment procedures. $7.2 Establishment of a user charge.

The requester may obtain informaExcept as otherwise provided in $7.6, tion on terms of payment and a fee a user charge shall be imposed to cover schedule by writing the “Centers for the cost to CDC of producing and dis- Disease Control,” Financial Managetributing reference biological stand- ment Office, Buckhead Facility, Room ards and biological preparations.

200, Centers for Disease Control, 1600

Clifton Road, Atlanta, Georgia 30333. 87.3 Definitions. Biological standards means a uniform

$7.6 Exemptions. and stable reference biological sub- State and local health departments, stance which allows measurements of governmental institutions (e.g., State relative potency to be made and de- hospitals and universities), the World scribed in a common currency of inter- Health Organization, and ministries of national and national units of activity. health of foreign governments may be

Biological preparations means a ref- exempted from paying user charges, erence biological substance which may when using biological standards or biobe used for a purpose similar to that of logical preparations for public health a standard, but which has been estab- purposes.

[blocks in formation]

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 amended; 42 U.S.C. 216.

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.

8 21.1 Meaning of terms.

As used in this part, the term:

(a) Act means the Public Health Seryice Act, 58 Stat. 682, as now or hereafter amended.

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

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

(d) Service means the Public Health Service.

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

(f) 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.

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.

$21.21 Meaning of terms.

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

183-165 D-99--3

55

approved training course means, except as otherwise provided by law:

(a) A school, college, postgraduate school, or training course which has been accredited or approved by a professional body or bodies recognized by the Surgeon General for such purpose, or which, in the absence of such a body, meets generally accepted professional standards as determined by the Surgeon General, or

(b) In the case of a candidate who is applying for appointment as a medical officer, any non-approved medical school provided that the candidate has passed examinations given by a professional body or bodies recognized by the Surgeon General for such purpose. (24 FR 1790, Mar. 12, 1959)

(3) Shall have been granted an academic or professional degree from an approved school, college, or postgraduate school, and, unless the required professional training has been otherwise obtained from an approved school, college, or postgraduate school, shall have majored in the profession in which the examination is being held.

(b) (Reserved)

(c) Special requirement; therapists. Every candidate for examination for appointment as a therapist shall have received a certificate from an approved school of physical therapy or an approved school of occupational therapy. [21 FR 9806, Dec. 12, 1956, as amended at 30 FR 9437, July 29, 1965)

$21.22 Submission of application and

evidence of qualifications. (a) Application form. Every candidate for examination for appointment as an officer shall submit a written application on such form as may be prescribed by the Surgeon General.

(b) Documentary evidence. The application shall be accompanied by such documentary evidence as may be required by the Surgeon General. $ 21.23 False statements as disquali.

fication. Willfully false statements shall be cause for rejection of the application or, as provided in subpart N of this part, for dismissal.

or

$21.26 Eligibility; assistant grade.

(a) Requirements; all candidates. Except as otherwise provided in this section every candidate for examination for appointment in the grade of assistant:

(1) Shall meet the requirements for eligibility for examination for appointment in the grade of junior assistant;

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

(3) Shall have had at least 7 years of educational and professional training

experience subsequent to high school, except that a candidate who applies for examination for appointment in the Reserve Corps to serve as a medical or dental intern may be examined for such appointment upon the completion of 6 years of such education, training, or experience.

(b) Additional requirements; dietitians. Every candidate for examination for appointment as a dietitian shall have successfully completed an approved training course for dietetic interns. $21.27 Eligibility; senior assistant

grade. Every candidate for examination for appointment in the grade of senior assistant shall meet the requirements for eligibility for examination for appointment in the grade of assistant and shall have completed at least 10 years of educational and professional training or experience subsequent to high school.

$ 21.24 Physical examinations.

Every candidate for appointment as an officer shall undergo such physical examination as the Surgeon General may direct, and no candidate who is not found to be physically qualified shall be appointed as an officer. $21.25 Eligibility; junior assistant

grade. (a) Requirements; all candidates. Except as provided in $21.54, and as otherwise provided in this section, every candidate for examination for appointment in the grade of junior assistant:

(1) Shall be a citizen of the United States;

(2) Shall be at least 18 years of age; and

can

$21.28 Age requirements, Regular $21.30 Determination of creditable

Corps, senior assistant grade and years of educational and profesbelow.

sional training and experience. No candidate for appointment to the The level of academic attainment, Regular Corps, except in the nurse cat- the number of calendar years and the egory, shall be appointed (a) after age quality of educational and professional 31 to the permanent junior assistant training and experience shall be congrade, (b) after age 34 to the permanent sidered in determining the number of assistant grade, or (c) after age 37 to years of such training and experience the permanent senior assistant grade: with which each candidate for appointProvided, 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; academic who is recommended for appointment and professional education and proto 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 immediately preceding the date of such rec

subpart to adopt additional standards

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

experience required under this subpart, candidates who have had prior active

and evidence thereof, shall be of such service in the Commissioned Corps of

specific kind and quality, pertinent to the Public Health Service shall be in

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

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

the examination to qualified

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

[21 FR 9806, Dec. 12, 1956. Redesignated at 25

FR 5184, June 10, 1960) Every candidate for examination for appointment in grades above that of $21.32 Boards; appointment of; powers 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 qualificafor appointment in the full, senior, or

tions of candidates for appointment as director grade shall have completed at least 7, 14, or 15 additional years, re

officers, and shall refer to such boards spectively, of postgraduate profes

the applications of those candidates

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

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

boards shall consist of three or more the performance of duties requiring

officers, the majority of whom, so far highly specialized training and experi

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

fession as the candidate. The Surgeon health, the Surgeon General may specify that a candidate for appointment to

General shall prescribe the duties of

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

examination process not otherwise prespecialized training and experience

scribed 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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