AMENDMENTS TO REGULATIONS RELATING TO COMMISSIONED OFFICERS AND EMPLOYEES OF THE PUBLIC HEALTH SERVICE (1)
By virtue of the authority vested in me by the Public Health Service Act, approved July 1, 1944 (58 Stat. 682), as amended, and as President of the United States, I hereby prescribe the following amendments to the regulations relating to commissioned officers and employees of the Public Health Service prescribed in Part 2 of Executive Order No. 9655 of November 14, 1945: (2)
1. The table of contents is amended by deleting sections 2.81 and 2.144 by adding section 2.73 reading "Appointment to higher grades; candidates exceptionally qualified in specialized fields," and by changing sections 2.51, 2.52, 2.53, 2.54, 2.57, 2.58, and 2.178 to read as follows:
2.51 Professional examinations, holding of; subjects to be included.
2.52 Examinations; all grades.
2.53 Election to waive the professional examination.
2.54 Clinical and practical dispensing demonstrations.
2.57 Merit roll.
2.58 Examinations; anticipation of meeting qualifications.
2.178 Relapse after recovery; Reserve Corps.
2. Section 2.12 is amended to read as follows:
SEC. 2.12 Officers of the Regular Corps appointed above assistant grade. In determining the rank and precedence of officers appointed above the grade of assistant there shall be counted the number of years of service and constructive service which are authorized by law to be counted for purposes of promotion.
3. Section 2.31(b) is amended to read as follows:
(b) Documentary evidence, photograph, and testimonials. The application shall be accompanied by: (1) Documentary evidence of (i) date and place of birth (birth certificate if obtainable); (ii) graduation from professional school; (iii) United States citizenship in the case of an applicant of foreign birth; and (iv) current registration as a graduate nurse under the nurse practice act of a State, Territory, or the District of Columbia in the case of a nurse; (2) a recent photograph; and (3) two recent testimonials of character and professional qualifications. (Sec. 208, 58 Stat. 685; 42 U.S.C. Sup., 209).
4. Sections 2.51 to 2.56, inclusive, are amended to read as follows:
SEC. 2.51 Professional examinations, holding of; subjects to be included. From time to time the Surgeon General may order examinations to be held in such professions and for such grades as he deems necessary for the purpose of providing merit rolls of eligible candidates for appointment in the Regular Corps and shall prescribe the subjects relating to each such profession in which candidates will be examined. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209).
SEC. 2.52 Examinations; all grades. An examination for appointment in the Regular Corps in any grade shall consist of an interview by the board as to the candidate's general fitness and a professional examination relating to the fundamentals of the candidate's profession and their relationship to the activities of the Service. The professional examination for appointment in and above the full grade shall be oral but, in the discretion of the Surgeon General, a written professional examination may also be required. The professional examination for appointments in the junior assistant, assistant and senior assistant grades shall be written. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209).
SEC. 2.53 Election to waive the professional examination. A candidate for appointment as a medical or dental officer in the assistant or senior assistant grade in the Regular Corps who has passed an examination given by the National Board of Medical Examiners or the National Board of Dental Examiners may, at his election, be relieved from taking the professional examination and, if he so elects, the grade attained by him in such National Board examination shall be used as his rating in the professional examination. (Sec. 208, 58 Stat. 685; 42 U.S.C. Sup., 209).
SEC. 2.54 Clinical and practical dispensing demonstrations-(a) Pharmacists; grades up to and including the senior assistant grade. A candidate for appointment as a pharmacist in any grade up to and including the senior assistant grade in the regular Corps may, in the discretion of the board, be required to perform successfully a practical dispensing demonstration in pharmacy which, if required, shall constitute a part of the professional examination.
(b) Dentists; assistant and senior assistant grades. A candidate for appointment as an assistant or senior assistant dental surgeon in the regular Corps may, in the discretion of the board, be required to perform successfully a clinical demonstrati9n in dentistry which, if required, shall constitute a part of the professional examination. (Sec. 108, 58 Stat. 685; 42 U.S.C., Sup., 209).
SEC. 2.55 Rating values. Every candidate for appointment in the Regular Corps shall be rated by a board appointed as provided in section 2.32 as to professional knowledge and general fitness for the Service. In all grades the relative value of each part of the examination shall be: professional, 65%; and general fitness, 35%. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209).
SEC. 2.56 Minimum required rating; certification of physical fitness. No candidate who receives a final rating below 80 or who is not found to be physically qualified shall be appointed in the Regular Corps. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209).
5. Section 2.57 is revoked. Section 2.58 is redesignated as section 2.57 and the following new section is added immediately following the redesignated section 2.57:
SEC. 2.58 Examination; anticipation of meeting qualifications. A potential candidate for appointment in any grade in the Regular Corps may be examined within a period of nine months prior to the date upon which it is anticipated that he will qualify for appointment under these regulations. Upon successful completion of the examination, his name will be entered on the merit roll. However, in the event that his name, in order of relative standing among all candidates, precedes that of fully qualified candidates, his name, for purpose of appointment, shall be passed over in favor of the fully qualified candidates until such time as he becomes fully qualified, but in no event shall he otherwise lose his relative standing on the merit roll, except as provided in section 2.57. If the candidate fails to qualify for appointment at the time that it was anticipated that he would qualify, his name shall be automatically dropped from the merit roll. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209).
6. Section 2.71 is amended to read as follows:
SEC. 2.71 Examination. In the discretion of the Surgeon General, a candidate for appointment in the Reserve Corps may be required to present himself before a board or a designated representative of the Service. The professional examination shall consist of an evaluation by the board of the evidence submitted by the applicant pursuant to these regulations as to professional education, training, and experience, including any published professional or scientific articles by the applicant. The board shall also evaluate the evidence available as to his general aptitude and moral qualifications. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209).
7. Immediately following section 2.72 the following new section is added:
SEC. 2.73 Appointment to higher grades; candidates exceptionally qualified in specialized fields. Any person eligible for appointment in the grade of assistant who, upon examination for such purpose, is found exceptionally qualified for the performance of duties in a designated field of work requiring highly specialized training or experience may be recommended for appointment in the Reserve Corps in any grade up to and including the director grade without regard to the additional years of postgraduate training or experience prescribed for grades above the assistant grade. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209).
8. Section 2.81 is revoked.
9. Section 2.117 is amended to read as follows:
SEC. 23.117 Carrying over accumulated leave during continued service; terminal leave. Entitlement to leave of absence based upon leave accumulated but not taken shall not survive the termination of a commission, except that leave accumulated as provided in section 2.116 shall remain available to an officer whose commission is terminated but who, without break in active duty status, receives a new commission. In the case of an officer who is retired for age in time of war and after retirement is continued on or recalled to active duty without break in active service, leave accrued during service prior to retirement may be carried over to the period of service after retirement. The date of the return of an officer of the Reserve Corps to inactive duty, if prior to the expiration of his commission, shall be so fixed as to permit him to take his full accumulated leave and, whether the return be voluntary or involuntary, such return shall not become effective prior to the termination of such leave unless the officer files a written election to waive his right to such leave. (Sec. 209(c), 58 Stat. 686; 42 U.S.C., Sup., 210(c)).
10. Section 2.142 is amended to read as follows:
SEC. 2.142 Professional examination. The professional examination for promotion to the assistant and senior assistant grades in the Regular Corps shall be written and consist of questions relating to the candidate's profession, the various activities of the Service and the Service laws and regulations. The professional examination for promotion to any grade above the senior assistant grade in the Regular Corps shall consist of a review and evaluation of the candidate's Service record, but, in the discretion of the Surgeon General, a written examination may also be required. (Sec. 210(a), 58 Stat. 687; 42 U.S.C., Sup., 211(a)).
11. Section 2.144 is revoked.
12. Subsections (b) and (c) of section 2.171 are amended to read as follows:
(b) "Service-connected disability" means in the case of an officer of the Regular Corps a service-aggravated disability or a disability from disease or injury incurred in line of duty not due to misconduct or willful neglect, and in the case of an officer of the Reserve Corps a service-aggravated disability or a disability from disease or injury incurred in line of duty in time of war, not due to misconduct or willful neglect.
(c) "Service-aggravated disability" means in the case of an officer of the Regular Corps disability from preexisting disease or injury aggravated in line of duty not from misconduct or willful neglect, and in the case of an officer of the Reserve Corps disability from preexisting disease or injury aggravated in line of duty in time of war, not from misconduct or willful neglect.
13. Section 2.172 is amended to read as follows:
SEC. 2.172 Generally. An officer shall be retired, during the effective period of his commission, for service-connected or service-aggravated total disability determined to exist in accordance with these regulations.
14. Section 2.178 is amended to read as follows:
SEC. 2.178 Relapse after recovery; Reserve Corps. If an officer of the Reserve Corps who has been retired pursuant to these regulations and whose retired pay has been terminated on account of his recovery shall again become totally disabled and if his relapse is not due to any new intervening cause, he shall again become entitled to retired pay.
15. Subsections (b)(1), (c), and (d)(1) of section 2.182 are amended to read as follows:
(b) Presumption of service-connection of disability-(1) Regular Corps. Every disability from disease or injury not existing at the time of the first active service of an officer of the Regular Corps, except a disability from misconduct or willful neglect, which manifests itself while the officer is on active duty shall be presumed to be a service-connected disability.
(c) Presumption of service-connection of total disability resulting from partial disability determined to be service-connected; Reserve Corps. Total disability which results during or within 60 days after the active service in time of war of an officer of the Reserve Corps from a partial disability determined in a proceeding under these regulations to be service-connected shall be presumed to be a service-connected disability.
(d) Presumption of service-connection of aggravated disability-(1) Regular Corps. Disability from preexisting disease or injury aggravated during the active service of an officer of the Regular Corps shall be presumed to be a service-connected disability.
HARRY S. TRUMAN
THE WHITE HOUSE,
October 10, 1947
(1) Codified in Part 21 of Title 42, infra.
(2) 3 CFR 1945 Supp.