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contractor of a covered entity will not community-wide intervention efforts be covered for acts or omissions occur- within the communities served by such ring after receipt by the entity employ- entity; ing such individual of notice of a final (2) The provision of the services to determination by the Attorney General

such individuals facilitates the provithat he or she is no longer covered by

sion of services to patients of the entithis part, in accordance with section

ty; or 224(i) of the Act.

(3) Such services are otherwise re$6.5 Deeming process for eligible enti

quired to be provided to such individties.

uals under an employment contract or

similar arrangement between the entiEligible entities will be covered by

ty and the covered individual. this part only on and after the effective date of a determination by the Sec

(e) Examples. The following are examretary that they meet the require

ples of situations within the scope of ments of section 224(h) of the Act. In

paragraph (d) of this section:

center making such determination, the Sec

(1) A community health retary will receive such assurances and

deemed to be a covered entity estabconduct such investigations as he or

lishes a school-based or school-linked she deems necessary.

health program as part of its grant

supported activity. Even though the $6.6 Covered acts and omissions.

students treated are not necessarily (a) Only acts and omissions occurring

registered patients of the center, the on and after the effective date of the

center and its health care practitioners Secretary's determination under $6.5

will be covered for services provided, if and before the later date specified in

the Secretary makes the determination section 224(g)(3) of the Act are covered in paragraph (d)(1) of this section. by this part.

(2) A migrant health center requires (b) Only claims for damage for per

its hysicians to obtain staff privileges sonal injury, including death, resulting at a community hospital. As a condifrom the performance of medical, tion of obtaining such privileges, and gical, dental, or related functions are thus being able to admit the center's covered by this part.

patients to the hospital, the physicians (c) With respect to covered individ- must agree to provide occasional covuals, only acts and omissions within erage of the hospital's emergency the scope of their employment (or con- room. The Secretary would be authortract for services) are covered. If a cov- ized to determine that this coverage is ered individual is providing services necessary to facilitate the provision of which are not on behalf of the covered

services to the grantee's patients, and entity, such as on a volunteer basis or

that it would therefore be covered by on behalf of a third-party (except as de

paragraph (d)(2) of this section. scribed in paragraph (d) of this sec

(3) A homeless health services granttion), whether for pay or otherwise,

makes arrangements with local acts and omissions which are related to

community providers for after-hours such services are not covered.

coverage of its patients. The grantee's (d) Only acts and omissions related

physicians are required by their emto the grant-supported activity of enti

ployment contracts to provide periodic ties are covered. Acts and omissions related to services provided to individ

cross-coverage for patients of these uals who are not patients of a covered

providers, in order to make this arentity will be covered only if the Sec

rangement feasible. The Secretary may

determine that the arrangement is retary determines that: (1) The provision of the services to

within the scope of paragraph (d)(3) of

this section. such individuals benefits patients of the entity and general populations that [60 FR 22532, May. 8, 1995; 60 FR 36073, July could be served by the entity through 13, 1995)

sur

ee

PART 7-DISTRIBUTION OF REF- lished without a full collaborative

ERENCE BIOLOGICAL STAND- study, or where a collaborative study ARDS AND BIOLOGICAL

has shown that it is not appropriate to PREPARATIONS

establish the preparation as an international standard.

Sec.
7.1 Applicability.
7.2 Establishment of a user charge.
7.3 Definitions.
7.4 Schedule of charges.
7.5 Payment procedures.
7.6 Exemptions.

AUTHORITY: Sec. 215, 58 Stat. 690, as amended (42 U.S.C. 216); title V of the Independent Offices Appropriation Act of 1952 (31 U.S.C. 9701); and sec. 352 of the Public Health Service Act, as amended (42 U.S.C. 263).

SOURCE: 52 FR 11073, Apr. 7, 1987, unless otherwise noted.

$7.1 Applicability.

The provisions of this part are applicable to private entities requesting from the Centers for Disease Control (CDC) reference biological standards and biological preparations for use in their laboratories.

87.4 Schedule of charges.

The charges imposed in $7.2 are based on the amount published in CDC's price list of available products. These charges will reflect direct costs (such as salaries and equipment), indirect costs (such as rent, telephone service, and a proportionate share of management and administrative costs), and the costs of particular ingredients. Charges may vary over time and between different biological standards or biological preparations, depending upon the cost of ingredients and the complexity of production. An up-todate schedule of charges is available from the Biological Products Branch, Center for Infectious Diseases, Centers for Disease Control, 1600 Clifton Road, Atlanta, Georgia 30333. $ 7.5 Payment procedures.

The requester may obtain information on terms of payment and a fee schedule by writing the “Centers for Disease Control," Financial Management Office, Buckhead Facility, Room 200, Centers for Disease Control, 1600 Clifton Road, Atlanta, Georgia 30333. $ 7.6 Exemptions.

State and local health departments, governmental institutions (e.g., State hospitals and universities), the World Health Organization, and ministries of health of foreign governments may be exempted from paying user charges, when using biological standards or biological preparations for public health purposes.

$7.2 Establishment of a user charge.

Except as otherwise provided in $7.6, a user charge shall be imposed to cover the cost to CDC of producing and distributing reference biological standards and biological preparations. 87.3 Definitions.

Biological standards means a uniform and stable reference biological substance which allows measurements of relative potency to be made and described in a common currency of international and national units of activity.

Biological preparations means a reference biological substance which may be used for a purpose similar to that of a standard, but which has been estab

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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.

8 21.1 Meaning of terms.

As used in this part, the term:

(a) Act means the Public Health Service 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)

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.

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

or

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, 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.

$ 21.26 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.

821.23 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

$21.24 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.

821.25 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

$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.

821.30 Determination of creditable

years of educational and profes

sional training and experience. The level of academic attainment, the number of calendar years and the quality of educational and professional training and experience shall be considered in determining the number of years of such training and experience with which each candidate for appointment may be credited. [25 FR 5184, June 10, 1960)

821.28 Age requirements, Regular

Corps, senior assistant grade and

below. No candidate for appointment to the Regular Corps, except in the nurse category, shall be appointed (a) after age 31 to the permanent junior assistant grade, (b) after age 34 to the permanent assistant grade, or (c) after age 37 to the permanent senior assistant grade: Provided, That the Surgeon General may waive these age limitations, subject to other provisions of law, in the case of any officer of the Reserve Corps who is recommended for appointment to the Regular Corps by the Chief of the Bureau to which he is assigned and who has been on continuous active duty for at least two years immediately preceding the date of such recommendation. The age limitations for candidates who have had prior active service in the Commissioned Corps of the Public Health Service shall be increased by the period of such service. (27 FR 3886, Apr. 24, 1962]

821.31 Eligibility; all grades; academic

and professional education and pro

fessional training and experience. The Surgeon General is authorized, subject to the other provisions of this subpart to adopt additional standards by which the education, training, and experience required under this subpart, and evidence thereof, shall be of such specific kind and quality, pertinent to the particular profession concerned, as in his judgment are necessary to limit the examination to qualified candidates. [21 FR 9806, Dec. 12, 1956. Redesignated at 25 FR 5184, June 10, 1960)

$21.29 Eligibility; grades above senior

assistant grade. Every candidate for examination for appointment in grades above that of senior assistant shall meet the requirements for eligibility for examination for appointment in the grade of senior assistant. Candidates for examination for appointment in the full, senior, or director grade shall have completed at least 7, 14, or 15 additional years, respectively, of postgraduate professional training for experience. When officers of the Service are unavailable for the performance of duties requiring highly specialized training and experience in special fields related to public health, the Surgeon General may specify that a candidate for appointment to the Regular Corps with such highly specialized training and experience shall be examined for appointment in the full or senior grade upon completion of at least 5 or 12 additional years, respectively, of postgraduate professional training or experience, except that the total number of such appointments during a fiscal year shall not exceed three. (21 FR 9806, Dec. 12, 1956. Redesignated at 25 FR 5184, June 10, 1960)

821.32 Boards; appointment of; powers

and duties. The Surgeon General shall from time to time appoint boards and subboards of officers to consider the qualifications of candidates for appointment as officers, and shall refer to such boards the applications of those candidates who are eligible for examination for appointment. Such boards and subboards shall consist of three or more officers, the majority of whom, so far as practicable, shall be of the same profession as the candidate. The Surgeon General shall prescribe the duties of boards and subboards in relation to the examination process not otherwise prescribed in this subpart. [21 FR 9806, Dec. 12, 1956. Redesignated at 25 FR 5184, June 10, 1960)

821.33 General service.

Officers shall be appointed only to general service and shall be subject to change of station. (21 FR 9806, Dec. 12, 1956. Redesignated at 25 FR 5184, June 10, 1960)

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