PUBLIC HEALTH SERVICE ACT, AS AMENDED

Note. Reorganization Plan No. 3 of 1966 (printed in the Appendix) transferred all statutory powers and functions of the Surgeon General, and other officers of the Public Health Service, to the Secretary of Health, Education, and Welfare. While the language of this Act was not formally amended by the provisions of Plan No. 3, its provisions should be read in the light of this transfer of statutory functions.

TITLE I-SHORT TITLE AND DEFINITIONS

SHORT TITLE

SEC. 1. Titles I to X inclusive, of this Act may be cited as the "Public Health Service Act".

42 U.S.C. 201

Note

DEFINITIONS

SEC. 2. When used in this Act

(a) The term "Service" means the Public Health Service;

(b) The term "Surgeon General" means the Surgeon General of the Public Health Service;

(c) Unless the context otherwise requires, the term "Secretary" means the Secretary of Health, Education, and Welfare.

(d) The term "regulations", except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary;

(e) The term "executive department" means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;

(f)3 The term "State" means a State or the District of Columbia, Puerto Rico, or the Virgin Islands, except that as used in section 361 (d) such term means a State, or the District of Columbia;

(g) The term "possession" includes, among other possessions, Puerto Rico and the Virgin Islands.

(h) The term "seamen" includes any person employed on board in the care, preservation, or navigation of any vessel, or in the service, on board, of those engaged in such care, preservation, or navigation;

(i) The term "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water,

1 Sec. 1 was amended by sec. 3 (a) of P.L. 89-239, to add title IX to the eight titles of the P.H.S. Act, and further amended by sec. 6 of P.L. 91-572 to add title X.

2 Subsec. 2 (c) amended by secs. 11 and 12(b) of P.L. 91-212.

* Subsec. 2(f) amended by subsec. 31(a) and subsec. 47 (d) of P.L. 86-70, effective January 3, 1959; and further amended by subsec. 29 (a) and subsec. 47(f) of P.L. 86–624, effective August 21, 1959.

42 U.S.C. 201

exclusive of aircraft and amphibious contrivances;

(j) The term "habit-forming narcotic drug" or "narcotic" means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca plant; all compounds, salts, preparations, or other derivatives obtained either from the raw material or from the various alkaloids; Indian hemp and its various derivatives, compounds, and preparations, and peyote in its various forms; isonipecaine and its derivatives, compounds, salts and preparations; opiates (as defined in section 3228 (f) of the Internal Revenue Code);

(k)5 The term "addict" means any person who habitually uses any habit-forming narcotic drugs so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such habit-forming narcotic drugs as to have lost the power of self-control with reference to his addiction;

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(1) The term "psychiatric disorders" includes diseases of the nervous system which affect mental health;

(m) The term "State mental health authority" means the State health authority, except that, in the case of any State in which there is a single State agency, other than the State health authority, charged with responsi bility for administering the mental health program of the State, it means such other State agency;

(n) The term "heart diseases" means diseases of the heart and circulation;

(0) The term "dental diseases and conditions" means diseases and conditions affecting teeth and their supporting structures, and other related diseases of the mouth; and

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(p) The term "uniformed service" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, or Coast and Geodetic Survey.

(q) The term "drug dependent person" means a person who is using a controlled substance (as defined in section 102 of the Controlled Substances Act) and who is in a state of psychic or physical dependence, or both, arising from the use of that substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects or to avoid the discomfort caused by its absence.

Subsec. (1) was amended by sec. 3 of the National Mental Health Act (P.L. 487, 79th Congress) and was further amended by P.L. 425, 80th Congress.

5 Subsec. (k) was amended by sec. 3 of the National Mental Health Act, P.L. 487, 79th Congress.

Subsecs. (1) and (m) were added by sec. 3 of the National Mental Health Act, P.L. 487, 79th Congress.

7 Subsecs. (n) and (0) amended, and subsec. (p) added by sec. 5 of P.H.S. Commissioned Corps Personnel Act of 1960 (P.L. 86-415).

8 Subsec. (q) added by sec. 2(b) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (P.L. 91-513).

TITLE II-ADMINISTRATION

PUBLIC HEALTH SERVICE

SEC. 201. The Public Health Service in the Depart- 42 U.S.C. 202 ment of Health, Education, and Welfare shall be administered by the Surgeon General under the supervision and direction of the Secretary.

ORGANIZATION

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SEC. 202. The Service shall consist of (1) the Office 42 U.S.C. 203 of the Surgeon General, (2) the National Institutes 2 of Health, (3) the Bureau of Medical Services, and (4) the Bureau of State Services. The Surgeon General is authorized and directed to assign to the Office of the Surgeon General, to the National Institutes of Health, to the Bureau of Medical Services, and to the Bureau of State Services, respectively, the several functions of the Service, and to establish within them such divisions, sections and other units as he may find necessary; and from time to time, abolish, transfer, and consolidate divisions, sections, and other units and assign their functions and personnel in such manner as he may find necessary for efficient operation of the Service. No division shall be established, abolished, or transferred, and no divisions. shall be consolidated, except with the approval of the Secretary. The National Institutes of Health shall be administered as a part of the field service. The Surgeon General may delegate to any officer or employee of the Service such of his powers and duties under this Act, except the making of regulations, as he may deem necessary or expedient.

COMMISSIONED CORPS

SEC. 203. There shall be in the Service a commissioned 42 U.S.C. 204 Regular Corps and, for the purpose of securing a reserve for duty in the Service in time of national emergency, a Reserve Corps. All commissioned officers shall be citizens and shall be appointed without regard to the civil-service laws and compensated without regard to the Classification Act of 1923, as amended. Commis

1 The organizational units specified in this section were all abolished as statutory entities by Reorganization Plan No. 3 of 1966 which is printed in full in the Appendix.

Sec. 202 was amended by sec. 6(b) of the National Heart Act (P.L. 655, 80th Congress) by adding an "s" to Institute.

3 Civil service and classification laws are now codified in title 5, United States Code, enacted into positive law by P.L. 89-554.

42 U.S.C. 205

42 U.S.C. 206

sioned officers of the Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by him by and with the advice and consent of the Senate. Commissioned officers of the Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of training and active duty for the purpose of determining their fitness for appointment in the Regular Corps.*

SURGEON GENERAL

SEC. 204. The Surgeon General shall be appointed from the Regular Corps for a four-year term by the President by and with the advice and consent of the Senate. Upon the expiration of such term the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular Corps that he would have occupied had he not served as Surgeon General.

DEPUTY SURGEON GENERAL AND ASSISTANT

GENERAL

SURGEONS

SEC. 2055 (a) The Surgeon General shall assign one commissioned officer from the Regular Corps to administer the Office of the Surgeon General, to act as Surgeon General during the absence or disability of the Surgeon General or in the event of a vacancy in that office, and to perform such other duties as the Surgeon General may prescribe, and while so assigned he shall have the title of Deputy Surgeon General.

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(b) The Surgeon General shall assign six commissioned officers from the Regular Corps to be, respectively, the Director of the National Institutes of Health, the Chief of the Bureau of State Services, the Chief of the Bureau of Medical Services, the Chief Medical Officer of the United States Coast Guard, the Chief Dental Officer of the Service, and the Chief Sanitary Engineering Officer of the Service, and while so serving they shall each have the title of Assistant Surgeon General.

(c) The Surgeon General, with the approval of the Secretary, is authorized to create special temporary positions in the grade of Assistant Surgeons General when necessary for the proper staffing of the Service; but the number of such special temporary positions, when added to the eight positions created by section 204 and subsections (a) and (b) of this section, shall not on any day

Sec. 2 of P.L. 425, 80th Congress amended sec. 203 by deleting the last sentence thereof.

Reorganization Plan No. 3 of 1966 (printed in the Appendix of this compilation) abolished as statutory positions several of the positions enumerated in this section-Deputy Surgeon General, Director of the National Institutes of Health, Chief of the Bureau of State Services, Chief of the Bureau of Medical Services.

Subsec. (b) was amended by sec. 6(b) of the National Heart Act (P.L. 655, 80th Congress) by adding an "s" to Institute.

Subsec. (c) added by sec. 3 of P.L. 425, 80th Congress.

exceed three-fourths of 1 per centum of the highest number, during the ninety days preceding such day, of officers of the Regular Corps on active duty and officers of the Reserve Corps on active duty for more than thirty days. The Surgeon General may assign officers of either the Regular Corps or the Reserve Corps to any such special temporary positions, and while so serving they shall each have the title of Assistant Surgeon General. (d) The Surgeon General shall designate the Assistant Surgeon General who shall serve as Surgeon General in case of absence or disability, or vacancy in the offices, of both the Surgeon General and the Deputy Surgeon General.

GRADES, RANKS, AND TITLES OF THE COMMISSIONED CORPS

SEC. 206. (a) The Surgeon General during the period 42 U.S.C. 207 of his appointment as such, shall be of the same grade as the Surgeon General of the Army; the Deputy Surgeon General and the Chief Medical Officer of the United States Coast Guard, while assigned as such, shall have the grade corresponding with the grade of major general; and the Chief Dental Officer, while assigned as such, shall have the grade as is prescribed by law for the officer of the Dental Corps selected and appointed as Assistant Surgeon General of the Army. Assistant Surgeons General, while assigned as such, shall have the grade corresponding with either the grade of brigadier general or the grade of major general, as may be determined by the Secretary after considering the importance of the duties to be performed: Provided, That the number of Assistant Surgeons General having a grade higher than that corresponding to the grade of brigadier general shall at no time exceed one-half of the number of positions created by subsection (b) of section 205 or pursuant to subsection (c) of such section. The grades of commissioned officers of the Service shall correspond with grades. of officers of the Army as follows:

(1) Officers of the director grade-colonel;

(2) Officers of the senior grade lieutenant colonel;

(3) Officers of the full grade-major;

(4) Officers of the senior assistant grade-captain; (5) Officers of the assistant grade-first lieutenant; and

(6) Officers of the junior assistant grade-second lieutenant.

(b) The titles of medical officers of the foregoing grades shall be respectively (1) medical director, (2) senior surgeon, (3) surgeon, (4) senior assistant surgeon, (5) assistant surgeon and (6) senior assistant surgeon.

Sec. 3 of P.L. 425, 80th Congress, redesignated this subsection, which was formerly subsec. (e), as subsec. (d).

Subsec. 206 (a) amended by sec. 11 of P.L. 87–649.