Title 42, The Public Health and WelfareRelease 119-110

§210b Professional Categories

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER I — ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part A — Administration › § 210b

Last updated Sep 22, 2026|Official source

Summary

The Surgeon General must split the Regular Corps into professional categories. These groups should follow the subjects used on exams and group officers by training so people in the same rank and category can do similar work. Every active-duty officer must be placed in one category based on their training and experience. That placement cannot be changed unless it was a mistake or the officer asks to move, is equally qualified for the new category, and the move is good for the Service. Each year, within limits set by the Secretary, the Surgeon General must set a maximum number of officers allowed in each grade from W–1 through the director grade for every category. A vacancy equals the difference between that maximum and the number actually on duty. Temporary promotions count as holding the higher grade and reduce the permanent-grade count by one while in effect. Not having a vacancy does not stop hiring, promotions, or recalls; such actions will fill a vacancy if one exists. If a higher-grade vacancy exists, the Surgeon General may raise the next lower grade’s maximum by one so the higher slot stays open until filled by a permanent promotion; when that promotion happens, the lower grade maximum goes down by one.

Full Legal Text

Title 42, §210b

The Public Health and Welfare, Source: USLM XML via OLRC

(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 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 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) 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 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 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, 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; 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 209 of act July 1, 1944, was renumbered section 208 and is classified to section 210 of this title.

Amendments

1979—Subsec. (c). Pub. L. 96–76 substituted “warrant officer (W–1)” for “assistant”.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under section 206 of this title.

Executive Documents

Transfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Reference

Citations & Metadata

Citation

42 U.S.C. § 210b

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110