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 IX inclusive, of this Act may be cited as the "Public Health Service Act". 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) 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) 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; 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. As presently in force, this subsection reads as follows: "e) The term 'Administrator' means the Federal Security Administrator." Reorganization Plan No. 1 of 1953, 67 Stat. 631, abolished the Office of Federal Security Administrator, and, effective April 11, 1953, all functions of that Office were transferred to the Secretary, Department of Health, Education, and Welfare. For convenience of persons using this compilation, the subsection has been restated as set out above, and each reference in this Act to "Administrator" has been changed to read "Secretary". 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. Note 42 U.S.C. 20 (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, 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) The term “addict" means any person who habitually uses any habit-forming narcotic drugs so as 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; (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 responsibility 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 (p)' The term "uniformed service" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, or Coast and Geodetic Survey. 4 Subsec. (j) 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 (o) amended, and subsec. (p) added by sec. 5 of P.H.S. Commissioned Corps Personnel Act of 1960 (P.L. 86-415). TITLE II-ADMINISTRATION PUBLIC HEALTH SERVICE SEC. 201. The Public Health Service in the Department of Health, Education, and Welfare shall be administered by the Surgeon General under the supervision and direction of the Secretary. ORGANIZATION 9 SEC. 202. The Service shall consist of (1) the Office of the Surgeon General, (2) the National Institutes 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 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 1923,10 as amended. Commissioned officers of the Reserve Corps shall be appointed by the President and commissioned officers of the Regu 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. "The Act of August 28, 1949, 63 Stat. 972, directs that this reference shall be held to mean the Classification Act of 1949. 42 U.S.C. 202 42 U.S.C. 203 42 U.S.C. 204 42 U.S.C. 205 42 U.S.C. 206 lar 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.11 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 SURGEONS GENERAL SEC. 205.12 (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. 13 (b) The Surgeon General shall assign six commissioned officers from the Regular Corps to be, respectively, the Director of the National Institutes 13 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 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 11 Sec. 2 of P.L. 425, 80th Congress amended sec. 203 by deleting the last sentence thereof. 12 Reorganization Plan No. 3 of 1966 (printed in the Appendix of this compilation) abolished as statutory positions several of the positions enumerated in this sectionDeputy Surgeon General, Director of the National Institutes of Health, Chief of the Bureau of State Services, Chief of the Bureau of Medical Services. 13 Subsec. (b) was amended by sec. 6(b) of the National Heart Act (P.L. 655, 80th Congress) by adding an "s" to Institute. 14 Subsec. (c) added by sec. 3 of P.L. 425, 80th Congress. |