ice.

(Appropriate Corps officer) to coordinate the trainees' clinical learning experiences within the (appropriate) servThis involves the planning with faculty or staff members for the assignment of trainees to specific clinical cases and experiences, including their attendance at selected conferences, clinics, courses, and programs conducted under the direction of the Facility.

4. Provide, whenever possible, in connection with the trainees' clinical learning experience, reasonable classroom, conference room, office, and storage space for participating trainees and their faculty or staff supervisors, if assigned; also, whenever feasible, dressing and locker room space.

5. Permit, upon request, the inspection of its clinical and related facilities by agencies charged with the responsibility for creditation of the

ac

(Non-Federal institution) will:

The 1. Provide the Commanding Officer of the Facility with the number of trainees to be assigned, the dates and hours that they will be assigned, and the clinical service to which they will be assigned, no later than the beginning of each training period.

2. Where indicated provide faculty or staff members to assume the responsibility for instruction and supervision of the trainees' clinical learning experiences.

3. Have the supervising faculty or staff member, if any, plan in coordination with designated (. Corps officers) the assignment that will be assumed by the trainees while participating in their clinical learning experience; also, their attendance at selected conferences, clinics, courses, and programs conducted under the direction of the Facility.

4. Provide and maintain the personal records and reports necessary for the conduct of the trainees' clinical learning experience.

5. Enforce rules and regulations governing the trainees mutually agreed upon by the non-Federal institution and the Facility.

6. Be responsible for health examinations and such other medical examinations and protective measures as the Facility and nonFederal institution mutually find to be necessary.

7. Permit designated trainees to accept part-time limited appointment under Civil Service Schedule A for purpose of participating in the program.

(a) General. The trainees accepted for training under the program authorized by this part shall be given limited, excepted appointments for temporary, intermittent, or part-time training assignments. A general statement of the program with typical training duties and areas should be stated in writing. Positions of certain trainees assigned or attached to a Federal hospital, clinic, or medical or dental laboratory are excluded from the Classification Act (5 U.S.C. 5101-5115) and the Federal Employees Pay Act (5 U.S.C. 5504, 5505, 5541-5548, 6101) in accordance with the provisions of 5 U.S.C. 5102(c) (16), 53515356 and Federal Personnel Manual, chapter 534, subchapter 2, and Regulation 534 FPM Supplement 990-I (5 CFR Part 534).

(b) Stipends. The Civil Service Commission establishes maximum stipends for trainees. However, trainees from non-Federal institutions assigned to Federal facilities as affiliates for part of their training shall receive no stipend from the Federal facility other than any maintenance that may be provided (Civil Service Regulations-Part 534, FPM Supplement 990-1; 5 CFR Part 534).

(c) Appointing authority and nature of action. (1) Authority has been delegated for the making of excepted appointments under Schedule A to certain trainee positions. In processing appointments, the nature of action should be "Excepted Appointment-NTE_______” (add "part-time" or "intermittent" as applicable). The authority to be cited

on the personnel action is the applicable subdivision and paragraph of Schedule A. Schedule A exceptions which apply to all agencies are listed in Appendix C to Chapter 213 of the Federal Personnel Manual. Sections of Schedule A which apply only to the Department of the Navy are printed in the FEDERAL REGISTER. See 5 CFR Part 213, particularly § 213.3108. A partial listing of Navy exceptions is printed in Navy Civilian Personnel Instruction 310.3-6.

(2) Requests for exclusion of other positions from the Classification and Pay Acts and/or requests for excepting other positions from the competitive service and including them under Schedule A should be submitted to the Bureau of Medicine and Surgery with full supporting information. See Part 534 of the Civil Service Regulations and Appendix B of Chapter 213 of the Federal Personnel Manual; 5 CFR Parts 213, 534.

(d) Physical fitness. The Commission does not require that a Certificate of Medical Examination be obtained for Schedule A appointees. The physical examination requirements met by the trainees for admission to their parent institution should be adequate assurance of their physical qualifications for the training program. Therefore no additional requirements are imposed by the Bureau of Medicine and Surgery.

(e) Security investigation. (1) Due to the nature of the assignment, appointments of trainees should normally be limited to 6 months or less. The security investigation required would be that determined by the commanding officer in accordance with Navy Civilian Personnel Instruction 732.7-8. The investigation normally would not be more than a check of references and local agencies.

(2) Appointments for periods extending beyond 6 months and all appointments where incumbent will be considered as occupying a sensitive-noncritical or sensitive-critical positon will require that the additional investigative and security requirements of NCPI 732 be met. (f) Employment documents and records. The following documents and records must be maintained:

(1) Standard Form 57 or 60-Application for Federal Employment.

(2) Standard Form 50-Notification of Personnel Action.

(3) Standard Form 61-Appointment Affidavits (Part E-Declaration of Appointee is not required).

50-075-71-40

For the purpose of this part, the following definitions apply:

(a) Non-Navy medical and dental care. Any medical or dental care provided outside Navy facilities.

(b) Federal facilities. Any medical or dental facility of the U.S. Government.

(c) Uniformed services. The Army, Navy, Marine Corps, Air Force, Coast Guard, Commissioned Corps of the Coast and Geodetic Survey, and Commissioned Corps of the Public Health Service.

(d) Retired member of the Navy or Marine Corps. (1) Except as indicated in subparagraph (2) of this paragraph, a member or former member of the Navy or Marine Corps who is entitled to retired, retirement, or retainer or equivalent pay from the Navy or Marine Corps.

(2) Does not include a member of a Reserve component who is entitled to retired pay by reason of years of satisfactory Federal service and who has not served on active duty for 8 years other than for training duty.

(e) Physician or surgeon. A person who is legally qualified to prescribe and administer drugs and to perform surgical procedures.1

(f) Dentist. A person who is legally qualified to prescribe and administer drugs and perform procedures related to the teeth, jaws, and to structures contiguous to one or the other.1

(g) Nurse. A person licensed or reg

1 When used with respect to care obtained from sources of medical and dental care other than those operated by the U.S. Government or a foreign government.

istered to provide nursing services in the geographical area where the service is performed.1

(h) Active duty. Full-time duty in the Navy or Marine Corps. This includes duty on the active list, full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned.

(1) United States. All the States and the District of Columbia.

(j) NATO Status of Forces Agreement (SOFA) states.

(a) Applicability. This part provides the policies, authority, and procedures whereby naval commands may arrange for appropriate care in other than Navy facilities. (The special-authority provisions of the Manual of the Medical Department, article 11-7(3) (b) to commanding officers of naval hospitals remain in effect and are to be used by such commanding officers in lieu of Subpart D of this part.) This part also provides guidance for situations where authorized personnel may obtain necessary care for themselves. All commands are requested to assure that personnel under their cognizance are made aware of these provisions. Failure to meet requirements can result in denial of the Navy's responsibility for the expense of the care obtained.

(b) Cross-reference. This part should be used in conjunction with Part 728 of this chapter which part promulgates policies and procedures governing authorization of persons eligible to receive medical care at Navy facilities and defines the extent of the care at naval facilities authorized for such persons. [29 F.R. 5226, Apr. 16, 1964]

The care authorized in this part may be provided to the persons set forth in the subpart to the extent indicated. No others are eligible except on specific authority of the Bureau of Medicine and Surgery.

§ 732.12 Leave/liberty.

Any person whose eligibility depends upon his being in a duty status at the time the care is provided is considered to be in a duty status while on authorized leave or liberty. Presons who are absent without authority continuously during a period of treatment are not eligible. However, when the absence without authority is terminated by the member's actual or constructive return to military control prior to termination of the care, entitlement will be the same as though no unauthorized absence existed. "Constructive return" to military control for medical or dental care is effected when a naval activity informs a civilian source providing medical or dental care to a naval member that the Navy will accept responsibility for the patient's care. The acknowledgment may be oral or in writing. Return to military control may also be effected when a member has been arrested by civil authorities at the request of the Navy or when the arrest has been accomplished by civil authorities for a civil offense and such authorities have notified the Navy that the member can be released to military custody.

U.S.C. 6148. In general, such a Navy or Marine Corps member who is eligible for care in Navy facilities under the provisions of Subpart C of Part 728 of this chapter, is also eligible for care at facilities other than Navy.

(d) A member of the Naval Reserve Officers Training Corps who is also a midshipman in the Naval Reserve (regular student) while on active duty.

(e) A member of the Naval Reserve Officers Training Corps who is not a midshipman in the Naval Reserve (contract student) while on active duty.

(f) An applicant for commission or enlistment in the Navy or Marine Corps who suffers an illness or injury while undergoing examination in Navy facilities may be provided emergency medical or dental care.

(g) A dependent of a member of the Navy or Marine Corps is covered by Part 728 of this chapter and SECNAV directives in the 6320 series. (See Part 70 of this title.)

(h) An inactive retired member of the Navy or Marine Corps is eligible for care in uniformed services facilities other than Navy subject to the availability of space and facilities and the capabilities of the medical and dental staff. Such member is also eligible for care in Federal facilities other than those of the uniformed services upon prior approval of the Bureau of Medicine and Surgery. Inactive retired members are not eligible for care in non-Federal facilities under this part.

(1) Active duty naval and marine members of the states of the North-Atlantic-Treaty-Organization Status of Forces Agreement (NATO SOFA States) stationed in or passing through the United States in connection with their official duties except personnel carried as trainees under the Grant-Aid Military Assistance Program. that provided in the or after July 1, 1963.

Care is limited to United States on

(j) A member of a uniformed service of the United States other than the Navy or Marine Corps is not authorized to receive medical attention in non-Navy facilities at Navy expense under this part.

[28 F.R. 7752, July 31, 1963, as amended at 29 FR. 5226, Apr. 16, 1964]

Eligible personnel as defined in Subpart B of this part may receive medical and dental care at the Navy's expense at Federal facilities other than Navy.

§ 732.22 Uniformed services facilities. (a) Authority. 10 U.S.C. 1074. (For NATO personnel, Department of Defense (DOD) Directive 6310.7.)

(b) Procedures. Normally, a naval member in a duty status will receive medical and dental care at the medical facility of the uniformed service which serves the organization to which he is assigned. When away from his duty station such member may receive care upon his own application at the nearest available facility of the uniformed services. An inactive retired member may obtain care, to the extent authorized, in uniformed services facilities other than Navy upon request and presentation of valid identification.

§ 732.23 Federal facilities other than those of the uniformed services. (a) Authority. 10 U.S.C. 6201. (For NATO Personnel, DOD Directive 6310.7.) (b) Procedures. An inactive retired member may obtain care upon prior approval of the Bureau of Medicine and Surgery. Care for other personnel must be requested in advance by letter or message to the Federal facility from the commanding officer of a naval activity who has first ascertained that appropriate facilities of the uniformed services are not available. In an emergency care may be obtained by or on behalf of eligible personnel without the necessity of the written request by direct application to the facility concerned.

Subpart D-Medical and Dental Care in Other Than Federal Facilities

§ 732.31 General.

In certain instances eligible personnel as defined in Supart B of this part may receive medical and dental care at the Navy's expense at other than Federal facilities. Subpart D sets forth the requirements which must be met before the Navy may pay the expenses of such case. Care in facilities of foreign governments is included in this subpart. Provisions concerning patients in naval hospitals are contained in the Manual

of the Medical Department, article 11-7(3)(b).

[29 F.R. 5226, Apr. 16, 1964] § 732.32

Emergency situations.

In an emergency, non-Federal medical care may be obtained by or on behalf of eligible personnel without the prior authority covered in § 732.33. An emergency is defined as a situation wherein the need or apparent need for medical or dental attention is such that time does not permit application to a Federal medical or dental facility or obtaining the required authority in advance. Emergency dental care is limited to measures appropriate to relieve pain or to abort infection. Emergency dental care shall not include the furnishing of prosthetic appliances including crowns or inlays, or the use of gold or other precious metals for fillings. As soon as possible, the authorizing officer (§ 732.33) should be provided with a complete report in order that he may make arrangements for transfer of the member to a Federal facility, or to take such other action as may be appropriate. Except as provided in this section, care from nonFederal sources may be provided at Navy expense only when authorized in advance as set forth in this subpart. § 732.33 Authorizing officer.

Care from non-Federal sources may be authorized for eligible personnel by the following:

(a) For care within naval districts and river commands, the commandant of the naval district or river command wherein the care is to be provided. (To be exercised through the respective district medical officer, district dental officer, river command medical officer, and staff dental officer.) The Eleventh Naval District is additionally assigned responsibility for care in Sonoma and Baja California, Mexico.

(b) For care elsewhere, the commanding officer of each ship or naval activity in the area where the care is to be provided, upon the advice of the medical or dental officer, if available. Authorizations may cover care for transient and detached personnel in the area, as well as members of the command.

[28 F.R. 7752, July 31, 1963, as amended at 29 F.R. 5227, Apr. 16, 1964]

§ 732.34 Responsibilities of authorizing officer.

The authorizing officer shall be responsible for approving or disapprov