Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
December 9, 2016
Document Release Date: 
June 19, 2001
Sequence Number: 
Case Number: 
Publication Date: 
February 3, 1975
Content Type: 
PDF icon CIA-RDP78-04163R000100020004-5.pdf202.37 KB
A roved For Release ZS 1'GTi_6 W_t9g43W 0 4 pp WASHINGTON, MC. 20505 OLC 75-0097 3FEB1975 Honorable Lawton Chiles United States Senate Washington, D.C. 20510 Dear Senator Chiles: I have your letter dated January 20, 1975 regarding the outside activities of physician-employees of the CIA. I am, of course, referring to physicians who practice clinical medicine for the Agency and who are employees of the U.S. Government. The outside activities of these physicians, like the outside activities of all other Agency employees, are governed by the federal statutes and the Executive order pertaining to conflicts of interest and ethical conduct of Government employees. As long as the outside activities of employees conform to these standards and the additional standards imposed by this Agency with regard to security and other. matters, they may conduct themselves in the same manner as all, other employees of the Federal Govern- ment. To further restrict an individual's activities would appear to me to be an unjustified intrusion into his or her personal affairs. For your information, the CIA maintains a specific, outside activities clearance procedure to ensure that an employee's proposed activities do not violate the pertinent statutes or the Executive order or possibly reveal intelligence sources and methods, which I am responsible, by statute, for protecting. There is absolutely no prohibition on our physicians who maintain a private practice from discussing their Agency affiliation either if asked by their patients or if they believe it appropriate to do so. So long as these physicians meet the high personal and professional standards pre- scribed for their profession and for employment by the Federal Government, I see no reason arbitrarily to hinder or limit them in the conduct of their personal lives. Sincerely, Is' W. E. Colb r W. E. Colby Director Approved For Release 2001/07/28 : CIA-RDP78-04163R000100020004-5 Approved For Release 20OW107128 : CIA-RDP78-04163R00010002 4-5 Distribution: Original - Addressee 1 - DCI 1 - DDCI 1 - ER 1 DDA LZ OMS OGC/AEG:OLC/LLM:cp (3 Feb 75) Approved For Release 2001/07/28 : CIA-RDP78-04163R000100020004-5 Approved For Release 2001/07/28 : CIA-RDP78-04163R000100020004-5 12 June 1975 MEMORANDUM FOR: Director of Medical Services SUBJECT Private Practice Activities of Federal Medical Officers. 1. The undersigned contacted the below listed federal medical officers regarding the private practice activities of physicians under their jurisdiction: John 11. Baker, M.D. Assistant Medical Director,CD,Dept of State Ra mond L. Eck M.D. Medical Director, CSC M.D. Deputy Medical Director, NSA gene a ey, M.D. Chairman of Special Boards, VA - Col. William B. Dye, MC, Office of the Surgeon General, USAF 2. The comments made by each individual contacted is as follows: Dr. Baker: Stated the State Department physicians do. practice medicine after duty hours which includes some working in emergency rooms. lie further indicated there was nothing to prohibit a State Department physician (full-time or part-time) from engaging in private practice. lie saw no reason why these physicians would not be permitted to treat State Department employees after duty hours so long as there was no conflict with his government duties. lie did feel that State Department physicians should not treat performance of duty illness or injuries. Dr. Baker was not aware of any State Department guidelines in the form of regulations governing this subject. Dr. Eck: Indicated there was nothing to prohibit a physician in the Civil Service System to participate in private practice after duty hours. Dr. Eck indicated that he had both full-time and part-time physicians working in his office, who practiced after duty hours. He further indicated there was no reason why a Civil Service physician could not treat U.S. government employee in private practice so long as the physician did not treat a performance of duty illness or injury case and expected reimbursement from the U.S. Government for the services rendered. He felt this would be a conflict of interest situation. Dr. Commented that there was no prohibition of NSA physicians engaging in private practice after duty hours, however the psychologist who worked at NSA are not permitted to refer patients to themselves. Also the physicians would not be permitted to accept Federal compensation cases and expect to be paid for their services. Dr concluded: As long STATINTL .as the outside practice does not in er or with their federal Approve"d For Release 1/07/28: CIA-RIDP78-04163R000101)0004-5 position, there is no objection to NSA physicians practicing medicine after duty hours. Dr. Caffey: The regulations of the VA do not permit the VA physician to engage in the private practice of medicine at anytime without special approval. Based on the heeds of a community and i,;itli-the recommendation of the local medical society, the V.A. may approve a request for a V.A. physician to engage in private practice and be paid for his services - after duty hours. Approval is usually for a specific period of time. Col. Dye: Stated Air Force physicians must obtain permission _o practice after duty hours. The local county medical society must also indicate a need for the services of the Air Force l:hysician in the community. The physician must be :: :a iractice in the State concerned. The Air Force physician cannot be paid for treatment of individuals who are covered by federal medical programs. 3. The above information resulted in phone calls to the persons indentified. STATINTL Director of Medical Services Approved For Release 2001/07/28 : CIA-RDP78-04163R000100020004-5 25X1A Approved For Release 2001/07/28 : CIA-RDP78-04163R000100020004-5 Next 2 Page(s) In Document Exempt Approved For Release 2001/07/28 : CIA-RDP78-04163R000100020004-5 Approved Director of Medical v' e 7 Approved For Release 9001107128. CIA-RN2~ 1W UNCLASSIFIED CONFIDENTIAL SECRET FOIM NO. 237 Use previous editions (40) 1-67 I ffffjjaT_WRcTAW0M F E CONFIDENTIAL SECRET OFFICIAL ROUTING SLIP TO NAME AND ADDRESS DATE INITIALS Deputy Director for Administration 2 3 4 5 6 ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE XX INFORMATION SIGNATURE Remarks : I thought we had more on this topic in terms of any ruling from OGC on OMS staff physicians having private practice. I would appreciate an opportunity to dis- cuss this further 'before your office migh initiate any other action. A /s1 Charles A. Bohrer, M.D. OMS CAB:jv Distribution: Orig -DD/A (w/atts) 1 - D/MS files (w/1 set atts) FOLD HERE TO RETURN TO SENDER FROM: NAME, ADDRESS AND PHONE NO. DATE