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42 U.S.C. § 211 — Professional categories

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 211 — Professional categories

**(a) Division of corps; basis of categories** For the purpose of establishing eligibility of officers of the Regular Corps for promotions, the Surgeon General shall by regulation divide the corps into professional categories. Each category shall, as far as practicable, be based upon one of the subjects of examination set forth in [section 209(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section209/a/1&num=0&edition=prelim) or upon a subdivision of such subject, and the categories shall be designed to group officers by fields of training in such manner that officers in any one grade in any one category will be available for similar duty in the discharge of the several functions of the Service. **(b) Assignment of officers** Each officer of the Regular Corps on active duty shall, on the basis of his training and experience, be assigned by the Surgeon General to one of the categories established by regulations under subsection (a). Except upon amendment of such regulations, no assignment so made shall be changed unless the Surgeon General finds (1) that the original assignment was erroneous, or (2) that the officer is equally well qualified to serve in another category to which he has requested to be transferred, and that such transfer is in the interests of the Service. **(c) Maximum number of officers in each category** Within the limits fixed by the Secretary in regulations under [section 207(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section207/d&num=0&edition=prelim) for any fiscal year, the Surgeon General shall determine for each category in the Regular Corps the maximum number of officers authorized to be in each of the grades from the warrant officer (W–1) grade to the dire

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Stable record: federal_law:legal_authorities:record_usc_23d5a9af43a53e0725ecf521
Source file: Laws/federal/codes/united-states-code/title-42/section-211-professional-categories--331f969fc1.md
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Source location: Title 42, Chapter 6A, § 211; chapter-6a-public-health-service.md

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**(a) Division of corps; basis of categories** For the purpose of establishing eligibility of officers of the Regular Corps for promotions, the Surgeon General shall by regulation divide the corps into professional categories. Each category shall, as far as practicable, be based upon one of the subjects of examination set forth in [section 209(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section209/a/1&num=0&edition=prelim) or upon a subdivision of such subject, and the categories shall be designed to group officers by fields of training in such manner that officers in any one grade in any one category will be available for similar duty in the discharge of the several functions of the Service. **(b) Assignment of officers** Each officer of the Regular Corps on active duty shall, on the basis of his training and experience, be assigned by the Surgeon General to one of the categories established by regulations under subsection (a). Except upon amendment of such regulations, no assignment so made shall be changed unless the Surgeon General finds (1) that the original assignment was erroneous, or (2) that the officer is equally well qualified to serve in another category to which he has requested to be transferred, and that such transfer is in the interests of the Service. **(c) Maximum number of officers in each category** Within the limits fixed by the Secretary in regulations under [section 207(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section207/d&num=0&edition=prelim) for any fiscal year, the Surgeon General shall determine for each category in the Regular Corps the maximum number of officers authorized to be in each of the grades from the warrant officer (W–1) grade to the director grade, inclusive. **(d) Vacancies in grade for purposes of promotion** The excess of the number so fixed for any grade in any category over the number of officers of the Regular Corps on active duty in such grade in such category (including in the case of the director grade, officers holding such grade in accordance with [section 207(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section207/c&num=0&edition=prelim)) shall for the purpose of promotions constitute vacancies in such grade in such category. For purposes of this subsection, an officer who has been temporarily promoted or who is temporarily holding the grade of director in accordance with [section 207(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section207/c&num=0&edition=prelim) shall be deemed to hold the grade to which so promoted or which he is temporarily holding; but while he holds such promotion or grade, and while any officer is temporarily assigned to a position pursuant to [section 206(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section206/c&num=0&edition=prelim), the number fixed under subsection (c) of this section for the grade of his permanent rank shall be reduced by one. **(e) Absence of vacancy in grade as affecting promotion** The absence of a vacancy in a grade in a category shall not prevent an appointment to such grade pursuant to [section 209 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section209&num=0&edition=prelim), a permanent length of service promotion, or the recall of a retired officer to active duty; but the making of such an appointment, promotion, or recall shall be deemed to fill a vacancy if one exists. **(f) Vacancy in grade as affecting maximum number for each category** Whenever a vacancy exists in any grade in a category the Surgeon General may increase by one the number fixed by him under subsection (c) for the next lower grade in the same category, without regard to the numbers fixed in regulations under [section 207(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section207/d&num=0&edition=prelim); and in that event the vacancy in the higher grade shall not be filled except by a permanent promotion, and upon the making of such promotion the number for the next lower grade shall be reduced by one.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 210 — Appointment of osteopaths as commissioned officers

Graduates of colleges of osteopathy whose graduates are eligible for licensure to practice medicine or osteopathy in a majority of the States of the United States, or approved by a body or bodies acceptable to the Secretary, shall be eligible, subject to the other provisions of this Act, for appointment as commissioned medical officers in the Public Health Service.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 202 — Definitions

When used in this chapter— **(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 and Human Services. **(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)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. **(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands; **(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603. **(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 209 — Repealed. Feb. 28, 1948, ch. 83, § 5(a), 62 Stat. 40

### Statutory Notes Section, act July 1, 1944, ch. 373, title II, § 207, 58 Stat. 685, related to establishment of special temporary provisions. See sections 206(c) and 207(c) of this title.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 206 — Appointment and tenure of office of Surgeon General; reversion in rank

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. The Surgeon General shall be appointed from individuals who (1) are members of the Regular Corps, and (2) have specialized training or significant experience in public health programs. Upon the expiration of such term the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular Corps or Ready Reserve Corps that he would have occupied had he not served as Surgeon General.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3501 — Establishment of Department; effective date

The provisions of Reorganization Plan Numbered 1 of 1953, submitted to the Congress on March 12, 1953, shall take effect ten days after April 1, 1953, and its approval by the President, notwithstanding the provisions of the Reorganization Act of 1949, as amended, except that section 9 of such Act shall apply to such reorganization plan and to the reorganization made thereby.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1 to 1j — Repealed. July 1, 1944, ch. 373, title XIII, § 1313, 58 Stat. 714

### Statutory Notes Section 1, acts July 1, 1902, ch. 1370, § 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309, provided that Public Health and Marine Hospital Service should be known as the Public Health Service. See [section 202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section202&num=0&edition=prelim). Section 1a, act Nov. 11, 1943, ch. 298, § 1, 57 Stat. 587, provided for organization and function of Public Health Service. See [section 203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section203&num=0&edition=prelim). Section 1b, act Nov. 11, 1943, ch. 298, § 2, 57 Stat. 587, provided for appointment of Assistant Surgeons General, their grade, pay, and allowances. See sections 206, 207, and 210 of this title. Section 1c, act Nov. 11, 1943, ch. 298, § 3, 57 Stat. 587, provided for chiefs of divisions, their grade, pay and allowances, and creation of a Dental Division and a Sanitary Engineering Division. See sections 206, 207, and 210 of this title. Section 1d, act Nov. 11, 1943, ch. 298, § 4, 57 Stat. 587, provided for temporary promotions in regular corps in time of war. See [section 211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section211&num=0&edition=prelim). Section 1e, act Nov. 11, 1943, ch. 298, § 5, 58 Stat. 588, provided for review of record of officers above grade of assistant surgeon and their separation from service. See [section 211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section211&num=0&edition=prelim). Section 1f, act Nov. 11, 1943, ch. 298, § 6, 58 Stat. 588, provided for an acting Surgeon General during absence of Surgeon General and Assistant to Surgeon General. See [s

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 211 — Promotion of commissioned officers

Page 71 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 211 rience, be assigned by the Surgeon General to one of the categories established by regulations under subsection (a). Except upon amendment of such regulations, no assignment so made shall be changed unless the Surgeon General finds (1) that the original assignment was erroneous, or (2) that the officer is equally well qualified to serve in another category to which he has re- quested to be transferred, and that such transfer is in the interests of the Service. (c) Maximum number of officers in each category Within the limits fixed by the Secretary in regulations under section 207(d) of this title for any fiscal year, the Surgeon General shall deter- mine for each category in the Regular Corps the maximum number of officers authorized to be in each of the grades from the warrant officer (W–1) grade to the director grade, inclusive. (d) Vacancies in grade for purposes of promotion The excess of the number so fixed for any grade in any category over the number of offi- cers of the Regular Corps on active duty in such grade in such category (including in the case of the director grade, officers holding such grade in accordance with section 207(c) of this title) shall for the purpose of promotions constitute vacan- cies in such grade in such category. For pur- poses of this subsection, an officer who has been temporarily promoted or who is temporarily holding the grade of director in accordance with section 207(c) of this title shall be deemed to hold the grade to which so promoted or which he is temporarily holding; but while he holds such promotion or grade, and while any officer is temporarily assigned to a position pursuant to section 206(c) of this title, the number fixed under subsectio

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