(k) "Industrial good time allowance" refers to the commutation of sentence for employment in industry provided by section 8 of the act of May 27, 1930 (18 U.S.C. 744h), made applicable by section 343 of the Public Health SerIvice Act to addicts confined in any institution in execution of a judgment or sentence.

(1) "Cure" means, with respect to any patient, that, in the opinion of the medical officer in charge, he is no longer an addict.

(m) "Discharge," with respect to any patient, means release from the hospital pursuant to direction of the medical officer in charge.

(n) "Bureau of Prisons" means the Bureau of Prisons in the Department of Justice.

§ 33.2 Prisoners; entitlement to industrial good time allowance.

(a) The Surgeon General shall designate industries, and supporting activities, employment in which may form the basis for industrial good time allowances pursuant to this section.

(b) All prisoners regularly assigned by the medical officer in charge to such industries or activities shall be eligible for industrial good time allowances in addition to good conduct allowances, except parole or conditional-release violators while serving the balance of sentences originally imposed, and prisoners assigned to segregation quarters.

(c) The standard industrial good time allowance shall be:

(1) 2 days per month for the first year during which the prisoner is so assigned; 4 days per month during the second, third, and fourth years; 5 days per month during the fifth and succeeding years;

lease violators while serving new sentences.

(e) The medical officer in charge shall either allow or disallow industrial good time to those eligible. Allowances shall be credited for each calendar month as earned. Where computations are made for fractions of a month, resulting allowances of a fraction of a day shall be considered as a full day. The award of industrial good time shall be subject to the approval of the Director of the Bureau of Prisons.

(f) Upon recommendation of the medical officer in charge, and approval by the Surgeon General and the Director of the Bureau of Prisons, prisoners who have performed extraordinarily meritorious service may be granted additional industrial good time allowances; the total industrial good time allowance, however, shall not exceed three days for each month of employment in designated industries or duties for the first year or part thereof, or five days for each such month in any succeeding year or part thereof.

§ 33.3 Prisoners; forfeiture and restoration of good conduct or industrial good time allowances; deductions from term of sentence; partial or total restoration. (a) When the medical officer in charge has reason to believe that a prisoner has violated the rules of the hospital thereby warranting a forfeiture of deductions from sentence for good conduct or industrial good time, or both, he shall appoint a trial court, to be composed of three officers of the hospital to investigate the alleged violation. The prisoner shall be notified of the investigation and given an opportunity to cross-examine all witnesses, unless, in the opinion of the trial court such cross-examination is not feasible, and he shall be permitted to call such witnesses as the court may deem necessary and proper. The prisoner may request the assistance of an officer of the Service to assist him in presenting his case. At the conclusion of the investigation, the trial court shall make formal findings of fact, and, if violations are found, recommendations as to the extent of the forfeiture to be imposed. The medical of

ficer in charge may order further proceedings or upon the basis of the findings of the trial court that one or more violations have occurred shall determine the amount of the good conduct or industrial good time allowances that the prisoner shall forfeit. The determination of the medical officer in charge shall be transmitted through the Surgeon General to the Director of the Bureau of Prisons for approval.

(b) The medical officer in charge may recommend a partial or total restoration of forfeited good conduct or industrial good time allowances. Such recommendation, with reasons therefor, shall be transmitted through the Surgeon General to the Director of the Bureau of Prisons for approval.

§ 33.4 Continuation as ex-prisoner.

(a) When the medical officer in charge, upon examination of a prisoner not less than one month prior to the expiration of his maximum sentence, determines that the prisoner is still an addict and may be cured of such addiction by further treatment, he shall notify the prisoner, on a form prescribed by the Surgeon General, of the advisability of submitting to further treatment and of the estimated maximum time necessary to cure him of his addiction.

(b) Such prisoner may apply for further treatment, on a form prescribed by the Surgeon General, signifying that if his application is accepted, and in consideration of such acceptance, he agrees and consents to submit to care and treatment for the estimated maximum period necessary to cure him or until such earlier date on which he is certified as cured, and to comply with any regulations or rules which may be adopted governing the operation of the hospital and his conduct therein.

§ 33.5 Prisoners, ex-prisoners, and probationers; cash and clothing furnished upon discharge.

Every prisoner, ex-prisoner, and probationer shall, in the discretion of the medical officer in charge, be furnished upon discharge with cash in amounts not exceeding similar allowances currently made to Federal prisoners on

release from a penal, correctional, disciplinary or reformatory institution, and with suitable clothing.

§ 33.6 Prisoners, ex-prisoners, and probationers, transportation furnished upon discharge.

Every prisoner, ex-prisoner, and probationer shall be furnished with transportation, by the cheapest usually travelled route, to the place of conviction or of bona fide residence within the United States, or to such other place within the United States as, in the opinion of the medical officer in charge, may afford the best opportunity for permanent rehabilitation. As used in this section, "United States" includes all places, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone. [25 FR 43, Jan. 5, 1960]

§ 33.7 Voluntary patients; admission and transportation upon discharge.

(a) A person seeking admission as a voluntary patient to one of the hospitals of the Service shall submit an application on a form prescribed by the Surgeon General. The medical officer in charge shall cause each applicant to be examined as soon as practicable after the applicant has presented himself for admission to the hospital and shall determine whether the applicant is an addict and whether the applicant may be cured of his addiction by care and treatment in the hospital, and such officer shall esti nate the maximum time necessary to effect such cure and advise the applicant of such determinations.

(b) Voluntary patients shall be charged for their subsistence, care, and treatment in the hospital at a rate to be determined by the Surgeon General. Those patients, however, who have been determined by the medical officer in charge, on the basis of information concerning their financial resources and responsibilities, to be financially unable to pay shall not be so charged. The medical officer in charge may determine or redetermine the financial ability of a patient to pay at any time prior to or during the course of care and treatment of such patient at the hospital. In the absence of misrepresentation concerning a patient's

financial resources or responsibilities, such determination or redetermination shall not have any retroactive effect upon the pay or non-pay status of the patient.

(c) Upon the discharge of any indigent voluntary patient as cured, the cost of his transportation, including subsistence allowance while traveling, may be paid by the Public Health Service to any place within the continental United States which, in the opinion of the medical officer in charge, will afford the best opportunity for such patient's permanent rehabilitation. Determinations of indigency for this purpose shall be made by the medical officer in charge and may be based upon information submitted by the patient concerning his financial resources and responsibilities.

§ 33.8 Contraband.

Any article or thing not routinely furnished by the institution to patients or authorized by law or by hospital authorities to be in possession of patients, including any letter or message intended to be received by an inmate of the hospital and introduced by persons other than those authorized by law or by hospital authorities, is contraband.

PART 34-MEDICAL EXAMINATION OF ALIENS

Sec.

34.1 Applicability.

34.2 Definitions.

34.3 Examinations; female aliens. 34.4 Scope of examinations.

34.5 Aliens free of defect, disease, or disability.

34.6 Aliens afflicted with defect, disease, or disability.

34.7 Certificates and notifications; Class A. 34.8 Certificates and notifications; Class B. 34.9 Class A or Class B certificates; helpless aliens.

34.10 Certificates and notifications; Class C.

34.11 Deferral of examinations; adequacy of facilities.

34.12 Applicability of Foreign Quarantine Regulations.

34.13 Medical and other care; death. 34.14 Reexamination; convening of boards; expert witnesses; reports.

AUTHORITY: Sec. 215, 58 Stat. 690, as amended, sec. 234, 66 Stat. 198; 42 U.S.C.

216, 8 U.S.C. 1224; sec. 322, 325, 58 Stat. 696, as amended 697, as amended, secs. 212, 326, 66 Stat. 182, as amended 200; 42 U.S.C. 249, 252, 8 U.S.C. 1182, 1226.

SOURCE: 21 FR 9829, Dec. 12, 1956, unless otherwise noted.

8 34.1 Applicability.

The provisions of this part shall apply to:

(a) The medical examination of (1) aliens applying for a visa at a consulate of the United States, (2) aliens arriving in the United States, and (3) aliens presented or referred by the Immigration Service in connection with determination of their admissibility into the United States, and

(b) The medical and other care, and burial, of aliens admitted to Public Health Service stations and hospitals at the request of the Immigration Service.

§ 34.2 Definitions.

As used in this part, terms shall have the following meanings:

(a) Immigration Service. The Immigration and Naturalization Service of the Department of Justice.

(b) Dangerous contagious disease. Any of the following diseases: (1) Chancroid.

(2) Gonorrhea.

(3) Granuloma inguinale.

(4) Leprosy, infectious.

(5) Lymphogranuloma venereum. (6) Syphilis, infectious stage.

(7) Tuberculosis, active.

(c) Medical certificate. A document issued to the Immigration Service by a medical examiner, reporting the presence of any physical or mental defect, disease, or disability, or the previous occurrence of one or more attacks of insanity, in an alien.

(d) Medical notification. A document issued to a consular authority by a medical examiner, reporting the presence of any physical or mental defect, disease, or disability or the previous occurrence of one or more attacks of insanity, in an alien. Medical notification shall be made on the form prescribed for reporting the results of the medical examination of applicants for visas.

(e) Medical officer. A physician of the Public Health Service assigned or

detailed by the Surgeon General of the Public Health Service to make mental and physical examinations of aliens.

(f) Medical officer in charge. A medical officer charged by the Surgeon General with responsibility for the conduct and supervision of all medical examinations made at a designated place or in a designated area.

[21 FR 9829, Dec. 12, 1956, as amended at 26 FR 9856, Oct. 20, 1961; 35 FR 15289, Oct. 1, 1970]

§ 34.3 Examinations; female aliens.

Female aliens shall be examined only in the presence of a female nurse or other female, or by a female physician.

§ 34.4 Scope of examinations.

(a) General. In performing examinations and reexaminations, medical examiners shall give consideration to only those matters that relate to the physical or mental condition of the alien and shall issue certificates or notifications of a defect, disease, or disability or previous occurrence of one or more attacks of insanity as hereinafter provided only if the presence of such defect, disease, or disability or previous occurrence of one or more attacks of insanity has been clearly established.

(1) Persons subject to requirement for chest X-ray examination and serologic test. Except as provided in paragraph (a)(2) of this section, a chest Xray examination for tuberculosis and a serologic test for syphilis shall be required as part of the examination of:

(i) All applicants for immigrant visas;

(ii) All students and exchange visitors who are required by a consular authority to have a medical examination upon application for a nonimmigrant visa;

(iii) All other applicants for a nonimmigrant visa who are required by a consular authority to have a medical examination if such X-ray examination and serologic test are considered necessary by the medical examiner; and

(iv) All aliens outside the United States who apply for conditional entry and all aliens in the United States who

apply for adjustment of status, under the immigration laws and regulations. (2) Exceptions. Neither a chest Xray examination nor a serologic test for syphilis shall be required if the alien is under the age of 15: Provided, That a tuberculin test may be required where there is evidence of contact with a known case of tuberculosis or other reason to suspect infection with tuberculosis and a chest X-ray examination required in the event of a positive reaction, and a serologic test where there is reason to suspect infection with syphilis. Additional exceptions to the requirement for chest Xray examination may be authorized for good cause upon application approved by the Director, Center for Disease Control, Health Services and Mental Health Administration.

(3) How and where performed. (i) All X-ray films used in medical examinations performed under the regulations in this part shall be at least 70 mm. in size. In case of abnormal findings in the lungs, a full-sized film (approximately 14 x 17 inches; 35.6 × 43.2 cm.) shall be used on which to base the diagnosis.

(ii) When necessary X-ray and laboratory facilities are not available to the medical examiner, the applicant shall furnish a chest X-ray film, a reading thereof, and a serologic test report in order that the medical examination may be completed. If X-ray or serologic test facilities necessary for the completion of the examination of a visa applicant or of an applicant for conditional entry are not available in the community where the examination is made, the medical examiner shall so state on the medical examination form and the procedures will be completed at the time of examination at the U.S. port of entry.

(iii) The X-ray reading and serologic test report shall be included in the medical examination report. When the medical examiner's conclusions are based on a study of more than one Xray film, the medical examination report shall include at least a summary statement of findings in the earlier films, followed by a complete reading of the last film, and dates and details of any laboratory tests for tuberculosis.

(4) Procedure for transmitting records. For aliens issued immigrant visas, the medical examination report shall be placed in a separate envelope which shall be sealed and attached to the alien's visa in such a manner as to be readily detached by the medical examiner at the U.S. port of entry. The X-ray film shall be included in this envelope or, in the case of large films, shall be placed in a separate envelope which shall be sealed and given to the alien for presentation at the port of entry. For aliens issued nonimmigrant visas and for applicants for conditional entry, the medical examination report and the X-ray film shall be placed in an envelope which shall be sealed and given to the alien for presentation at the U.S. port of entry. When more than one X-ray film is used as a basis for the medical examiner's conclusions, all films shall be included. However, the X-ray film or films used in connection with the examination shall not be required to be attached to the visa or otherwise presented to the medical examiner at the U.S. port of entry when an exception to this requirement is authorized by the Director, Center for Disease Control, Health Services and Mental Health

Administration.

(5) Failure to present records. If, on examination at the time determination of admissibility is to be made at the U.S. port of entry, no X-ray film or medical examination report, including X-ray reading and serologic test report, is presented in accordance with the provisions of this paragraph, a medical hold shall be issued pending completion of any necessary examination procedures.

[21 FR 9829, Dec. 12, 1956, as amended at 30 FR 16112, Dec. 28, 1965; 37 FR 16937, Aug. 23, 1972]

§ 34.5 Aliens free of defect, disease, or disability.

If an alien is found to have no physical or mental defect, disease, or disability and no history of a previous attack of insanity, the medical examiner shall so indicate to the consular or immigration authority concerned.

§ 34.6 Aliens afflicted with defect, disease, or disability.

If an alien is found to have any physical or mental defect, disease, or disability or to have had one or more attacks of insanity, the medical examiner shall report his findings to the Immigration Service by medical certificate or to the consular authority by medical notification.

§ 34.7 Certificates and notifications; Class A.

A Class A certificate or Class A notification shall be issued with respect to aliens who:

(a) Are mentally retarded; (b) Are insane;

(c) Have had one or more attacks of insanity;

(d) Are afflicted with psychopathic personality, sexual deviation, or a mental defect;

(e) Are narcotic drug addicts or chronic alcoholics;

(f) Are afflicted with any dangerous contagious disease: Provided, however, That a Class A certificate or Class A notification of a mental defect, disease, or disability shall in no case be issued with respect to an alien having only mental shortcomings due to ignorance, or suffering only from a mental condition (1) attributable to remediable physical causes or (2) of a temporary nature, caused by a toxin, drug, or disease.

[30 FR 16112, Dec. 28, 196!.]

§ 34.8 Certificates and notifications; Class B.

A Class B certificate or Class B notification shall be issued with respect to an alien who has a physical defect, disease, or disability serious in degree or permanent in nature amounting to a substantial departure from normal physical well-being. The certificate, or notification, shall state the nature and extent of the defect; the degree to which the alien is incapable of normal physical activity; and the extent to which the condition is remediable.

§ 34.9 Class A or Class B certificates; helpless aliens.

If an alien with respect to whom a Class A or Class B certificate is issued