---
kind: "section"
citation: "28 C.F.R. § 15.11"
title: "28"
number: "15.11"
heading: "Purpose."
url: "https://uscodex.org/cfr/28/15.11"
---

# §15.11. Purpose.

- (a) The purpose of this subpart is to implement the notice and hearing procedures applicable to a determination by the Attorney General or the Attorney General's designee under [42 U.S.C. 233(i)](/usc/42/233.md?p=i) that an individual health care provider shall not be deemed an employee of the Public Health Service for purposes of [42 U.S.C. 233(g)](/usc/42/233.md?p=g) or any other statute that confers deemed Public Health Service employee status to which [42 U.S.C. 233(i)](/usc/42/233.md?p=i) has been made applicable. Under [42 U.S.C. 233(i)](/usc/42/233.md?p=i), an individual health care provider who is no longer deemed to be an employee of the Public Health Service is excluded from any malpractice protections otherwise made statutorily available to individuals deemed to be Public Health Service employees.
- (b) [Section 233(i)](/usc/42/233.md?p=i) of title 42 provides that the Attorney General, in consultation with the Secretary of Health and Human Services, may on the record determine, after notice and an opportunity for a full and fair hearing, that an individual physician or other licensed or certified health care practitioner who is an officer, employee, or contractor of an entity described in [42 U.S.C. 233(g)(4)](/usc/42/233.md?p=g-4) shall not be deemed to be an employee of the Public Health Service for purposes of [42 U.S.C. 233](/usc/42/233.md) if treating such individual as such an employee would expose the Government to an unreasonably high degree of risk of loss.

## Notes

### Source

Source: Order No. 5968-2024, 89 FR 55517, July 5, 2024, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 554, 556, 557, and 8477(e)(4); 10 U.S.C. 1054, 1089; 22 U.S.C. 2702, 28 U.S.C. 509, 510, and 2679; 38 U.S.C. 7316; 42 U.S.C. 233, 2212, 2458a, and 5055(f); and sec. 2, Pub. L. 94-380, 90 Stat. 1113 (1976).

### Source

Source: Order No. 2697-2003, 68 FR 74188, Dec. 23, 2003, unless otherwise noted.