[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR73.735-704]



[Page 180-181]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

                      Subpart G_Outside Activities

 

Sec.  73.735-704  Professional and consultative services.



    (a) Employees may engage in outside professional or consultative 

work only after meeting certain conditions. Except as provided in 

Sec. Sec.  73.735-705 and 73.735-706 for activities discussed in those 

sections, the conditions which must be met are:

    (1) The work is not to be rendered, with or without compensation, to 

organizations, institutions, or state or local governments with which 

the official duties of the employee are directly related, or indirectly 

related if the indirect relationship is significant enough to cause the 

existence of conflict or apparent conflict of interest; or

    (2) The work is not to be rendered for compensation to help a 

person, institution, or government unit prepare or aid in the 

preparation of grant applications, contract proposals, program reports, 

and other material which are designed to become the subject of dealings 

between the institutions or government units and the Federal Government. 

All requests to perform consultative services, either compensated or 

uncompensated, for institutions or government units which have recently 

negotiated or may in the near future seek a contract or grant from this 

Department must be carefully appraised to avoid any conflict or apparent 

conflict of interest.

    (b) Advance administrative approval in accordance with Sec.  73.735-

708 of this subpart must be obtained. Such approval is required whether 

or not the services are for compensation, and whether or not related to 

the employee's official duties.

    (c) For the purpose of this section, ``professional and consultative 

work'' is performance of work requiring knowledge of an advanced type in 

a field of science or learning customarily



[[Page 181]]



acquired by a course of specialized instruction and study in an 

institution of higher education, or hospital which requires the exercise 

of judgment and discretion in its performance and is primarily 

intellectual in nature as opposed to manual, mechanical or physical 

work.

    (d) Membership on a Board of Directors, Board of Regents, Board of 

Trustees, Planning Commission, Advisory Council or Committee, or on any 

similar body which provides advice, counsel, or consultation, shall be 

considered outside consultative services for which advance 

administrative approval is required.