Editorial Note on Part 1046
Editorial Note: Nomenclature changes to part 1046 appear at 88 FR 41295, June 26, 2023.

§ 1046.4 Physical Protection Medical Director (PPMD). ( a ) *General.* The PPMD is the contractor physician programmatically responsible for the overall direction and operation of site medical programs supporting the PF requirements of this part. The PPMD is responsible for the programmatic oversight of all site Designated Physicians, including those who may operate physically separate clinics. Appropriate contractual arrangements must ensure that the PPMD's authority applies to all site contractors. ( 1 ) *Nomination.* The name of each PPMD candidate must be submitted by the contractor to the ODFSA who in turn must consult with EHSS-1 prior to approving the PPMD. For NNSA, PPMD nominations must be made to the NNSA organization responsible for occupational health and safety. At the time of initial nomination for the PPMD designation the nominee shall submit, through the nominee's employer and the ODFSA, the following documents or copies thereof, translated into English if written in another language: ( i ) Applicable diplomas;
( ii ) Certificate of any postgraduate professional training (e.g., internship, residency, fellowship);
( iii ) Current medical license in the state in which duties will be performed;
( iv ) Certification of good standing by all medical licensing bodies from which the applicant has held medical licenses, as well as documentation of any restrictions or limitations to practice medicine, past or present (such documentation may be obtained in written form or electronically). The nominee may be requested to instruct the licensing body to send such certifications to EHSS-1 and as applicable to the NNSA organization responsible for occupational health and safety. Under no circumstances will such certifications of good standing be accepted directly from the applicant. Additionally, notice of certification by any additional American specialty board, if applicable, and/or current curriculum vitae may be requested; and
( v ) A curriculum vitae, if requested, must include a discussion of any gaps in employment.
( 2 ) *Updates.* If determined necessary at any time and requested by EHSS-1, the NNSA organization responsible for occupational health and safety, the ODFSA, or the PPMD's employer, updated information as identified in paragraphs (a)(1)(i) through (v) of this section must be provided.
( 3 ) *Other roles and responsibilities.* Nothing in this part is intended to preclude the PPMD from fulfilling similar or related roles under other parts or this title, including providing occupational medical services under 10 CFR part 851, “Worker Safety and Health Program.” Additionally, the PPMD may fulfill the role of Designated Physician. The PPMD's employer must notify EHSS-1, and if appropriate the NNSA organization responsible for occupational health and safety, through the ODFSA if the PPMD will also be fulfilling the role of the Designated Physician.
( 4 ) *Qualifications.* The PPMD shall possess an MD or DO degree; be board certified or board eligible in occupational medicine; be a professionally qualified physician in good standing in the professional community, to include all medical licensing bodies from which the applicant has held medical licenses; demonstrate past professional performance and personal conduct suitable for a position of responsibility and trust; read, write, speak, and understand the English language proficiently; and possess an unrestricted license to practice medicine in the state in which the designation is sought, or meet the medical licensing requirements of the applicable military or Federal service to which the applicant belongs.
( b ) *Nominations.* Except as provided in § 1046.5(c), prior to approval of a Designated Physician by the PPMD's employer, the PPMD must nominate in writing, through the local ODFSA, to EHSS-1, one or more nominees for Designated Physician positions. For NNSA, Designated Physician nominations must be made through the NNSA organization responsible for occupational health and safety. ( 1 ) Each nomination must describe the relevant training and experience of the nominee.
( 2 ) Each nominee must be professionally qualified in good standing in the professional community, to include all medical licensing bodies from which the applicant has held medical licenses; demonstrate past professional performance and personal conduct suitable for a position of responsibility and trust; read, write, speak, and understand the English language proficiently; and possess the applicable unrestricted license to practice in the state in which the designation is sought or meet the medical licensing requirements of the applicable military or Federal service to which the applicant belongs.
( 3 ) To be nominated, a Designated Physician shall possess an MD or DO degree and be board certified or board eligible in occupational medicine.
( c ) *Documentation.* At the time of initial nomination, the nominee shall submit to the PPMD the following documents or copies thereof, translated into English if written in another language: ( 1 ) Applicable diplomas;
( 2 ) Certificate of any postgraduate professional training (e.g., internship, residency, fellowship);
( 3 ) Current medical license in the state in which duties will be performed; and
( 4 ) Certification of good standing by all medical licensing bodies from which the applicant has held medical licenses, as well as documentation of any restrictions or limitations to practice medicine, past or present (such documentation may be obtained in written form or electronically). The PPMD may request the nominee to instruct the licensing body to send such certifications to the PPMD. Under no circumstances will such certifications of good standing be accepted directly from the applicant. Additionally, the PPMD may request notice of certification by any additional American specialty board, if applicable; and
( 5 ) A current curriculum vitae may be requested. The curriculum vitae, if requested, must include a discussion of any gaps in employment.
( 6 ) If determined necessary by the PPMD, updated information, as identified in paragraphs (c)(1) through (5) of this section, may be requested at any time.
( d ) *Self reporting.* ( 1 ) Each incumbent individual covered under paragraphs (a) or (b) of this section must agree to self-report the following information as a condition of the designation. PPMDs must report to their employer, who must forward the information to EHSS-1 or as appropriate to the NNSA organization responsible for occupational health and safety through the ODFSA. Additionally, Designated Physicians must report to the PPMD the following: ( i ) Any change in status or initiation or taking of an adverse action, past or present, by any state medical licensing board or any other professional licensing board against the licenses of the individual (these may be provided in written or electronic form). The incumbent or nominee may be required to request the licensing body to provide such information to the ODFSA or PDMD, as appropriate. Under no circumstances will such information be accepted directly from the incumbent or nominee;
( ii ) Initiation of an adverse action by any Federal or state regulatory board;
( iii ) Being named a defendant in any criminal proceedings (felony or misdemeanor);
( iv ) Being named in a civil suit alleging professional malpractice;
( v ) Being evaluated or treated for alcohol use disorder or drug dependency or abuse; and
( vi ) Occurrence of a physical disorder, a mental disorder, or any other health condition that might affect the physician's ability to perform professional duties.
( 2 ) All information in paragraphs (d)(1)(i) through (vi) of this section must be submitted to DOE for consideration and possible action and may result in rejection or termination of the applicable designation. Failure to provide such information may also result in the rejection or termination of the applicable designation. For NNSA contractors, in consultation with EHSS-1, the NNSA organization responsible for occupational health and safety will make the final decision on the appropriate action in light of the information received.
( e ) *Annual activity report.* The PPMD must review the current credentials of each Designated Physician annually and make a recommendation to the employer to either retain or replace each incumbent. EHSS-1 and as appropriate, the NNSA organization responsible for occupational health and safety must be notified by the employer through the appropriate field element of any changes.
( f ) *Retention or replacement.* For DOE, the PPMD's supervisor of record must send an annual letter to EHSS-1 reporting on the current credentials of the PPMD recommending retention or replacement. Immediate notification must be made to the EHSS-1 if a PPMD is relieved of duties or replaced. For NNSA, the PPMD's supervisor of record must send an annual letter to the NNSA organization responsible for occupational health and safety with a courtesy copy to EHSS-1 reporting on the current credentials of the PPMD recommending retention or replacement. For NNSA, immediate notification must be made to the NNSA organization responsible for occupational health and safety with a courtesy copy to the EHSS-1 if a PPMD is relieved of duties or replaced.
( g ) *Medical activity summary.* The PPMD must submit an annual letter summarizing the medical activity during the previous year conducted under this part to EHSS-1 or designee through the manager of the Field Element. For NNSA the summary must be sent to the NNSA organization responsible for occupational health and safety with a courtesy copy to EHSS-1. The PPMD must comply with applicable DOE requirements specifying report content.
[78 FR 55184, Sept. 10, 2013, as amended at 80 FR 57082, Sept. 22, 2015; 88 FR 41295, June 26, 2023]