LETTER TO THE HONORABLE LAWTON CHILES FROM W.E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04163R000100020004-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 9, 2016
• Document Release Date: June 19, 2001
• Sequence Number: 4
• Publication Date: February 3, 1975
• Content Type: LETTER

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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
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 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
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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
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 Approved
Director of Medical v' e 7
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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
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ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
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INFORMATION
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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
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