[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR2.1]

[Page 7-8]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 2--TESTIMONY BY EMPLOYEES AND PRODUCTION OF DOCUMENTS IN PROCEEDINGS WHERE THE UNITED STATES IS NOT A PARTY--Table of Contents
 
Sec. 2.1  Scope, purpose, and applicability.

    (a) This part sets forth rules to be followed when a Department of 
Health and Human Services employee, other than an employee of the Food 
and Drug Administration, is requested or subpoenaed to provide 
testimony, in a deposition, trial, or other similar proceeding, 
concerning information acquired in the course of performing official 
duties or because of the employee's official capacity. This part also 
sets forth procedures for the handling of subpoenas duces tecum and 
other requests for any document in the possession of the Department of 
Health and Human Services other than the Food and Drug Administration, 
and to requests for certification of copies of documents. Separate 
regulations, 21 CFR part 20 and 20 CFR part 401, govern the Food and 
Drug Administration and requests for certain information maintained by 
the Social Security Administration, and those regulations are not 
affected by this part.
    (b) It is the policy of the Department of Health and Human Services 
to provide information, data, and records to

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non-federal litigants to the same extent and in the same manner that 
they are available to the general public. The availability of Department 
of Health and Human Services' employees to testify in litigation not 
involving Federal parties is governed by the Department of Health and 
Human Services' policy on maintaining strict impartiality with respect 
to private litigants and to minimize the disruption of official duties.
    (c) This part applies to state and local court, administrative, and 
legislative proceedings and Federal court and administrative 
proceedings.
    (d) This part does not apply to:
    (1) Any civil or criminal proceedings where the United States, the 
Department of Health and Human Services, and any agency thereof, or any 
other Federal agency is a party.
    (2) Congressional requests or subpoenas for testimony or documents.
    (3) Consultative services and technical assistance provided by the 
Department of Health and Human Services, or any agency thereof, in 
carrying out its normal program activities.
    (4) Employees serving as expert witnesses in connection with 
professional and consultative services as approved outside activities in 
accordance with 45 CFR 73.735-704 and 73.735-708. (In cases where 
employees are providing such outside services, they must state for the 
record that the testimony represents their own views and does not 
necessarily represent the official position of the Department of Health 
and Human Services.)
    (5) Employees making appearances in their private capacity in legal 
or administrative proceedings that do not relate to the Department of 
Health and Human Services (such as cases arising out of traffic 
accidents, crimes, domestic relations, etc.) and not involving 
professional and consultative services.
    (6) Any matters covered in 21 CFR part 20, involving the Food and 
Drug Administration, and 20 CFR part 401, involving the Social Security 
Administration.
    (7) Any civil or criminal proceedings in State court brought on 
behalf of the Department of Health and Human Services.

[52 FR 37146, Oct. 5, 1987, as amended at 55 FR 4611, Feb. 9, 1990]