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[Act No. 3079, (1923-03-16)](
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[ Act No. 3079, March 16, 1923 ]


Be it enacted  by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority  of the same:

SECTION 1.  Section nine  hundred and  sixty-seven of the Administrative Code is hereby amended to read as follows: "Sec. 967.  Grade  of  original appointments.—Except  as provided in this section, no original  appointment  in the commissioned  service shall be made  above the grade  of surgeon.

"The Department  Head  may  however recommend the original appointment or promotion to any grade in the commissioned service of competent and well-trained physicians legally  entitled to  practice medicine  in  the Philippine Islands, and the Governor-General may,  with  the  consent of the Senate,  appoint or promote them to such grade.   Persons so appointed or promoted may, in the discretion of the Department Head, be exempted from the required  civil service examination ordinarily pertaining to the grade  to which  originally appointed, if they present documentary  or other evidence  demonstrating  to the satisfaction  of the Department Head that such persons possess special ability and  fitness in  medicine, surgery, and hygiene and are fully qualified to perform all the duties  of  the grades to which they are appointed: Provided, That the number of  persons so appointed or promoted  in any one  grade above that  of surgeon shall  never exceed  one-fourth of the total  number of officers authorized for such  grade.

"If the Director of Health  finds that a necessity exists for special expert services in the commissioned  service, and, with the approval of the Department Head, certifies  that no physician or surgeon then in the service possesses the requisite special qualifications,  an original limited appointment may be given by the  Governor-General, with the consent of the Senate,  for a  period of four years or less,  to any  physician or surgeon  possessing the necessary expert qualifications.

"The Governor-General  may,  upon recommendation  of the  Secretary of Public Instruction and  with  the  consent of the person concerned,  transfer to or  appoint  in the commissioned service  any  physician  serving  or who has honorably served as a commissioned officer in the Medical Department of the Philippine Constabulary or as a regular or as acting  assistant surgeon in the  United States Public Health  Service.  Active  service as commissioned  medical officer in the  Constabulary or Philippine National Guard or as a  commissioned officer  of the Army,  Navy,  or Public Health Service of the United States shall, for the purposes of rank, pay and promotion, be credited to  such physician on said transfer or appointment.

"Physicians  who have received the degree  of doctor of public health from a medical school approved by the Secretary of Public Instruction or who have taken special post- graduate training in any branch of medicine, surgery, or hygiene for not less than two years in a college or university  approved  by said  Secretary, shall be admitted to the commissioned service in  the grade of senior surgeon after having  passed the examination now required for entrance to that grade."
SEC.  2. Any  unexpended balance  of the  appropriation for salaries  and wages or other items for the Philippine Health  Service for the year nineteen  hundred and twenty- three, is hereby made available for  the payment of any additional  positions incurred under the provisions of this Act  during the current year.

SEC.  3. This Act shall take effect on its approval.

Approved, March 16, 1923.