10 U.S.C. § 5138
Section 5138 · Bureau of Medicine and Surgery: Dental Corps; Chief; functions
Amended 7 times on record
Applied in 1 court decisions — leading case Powers v. United States (1968)
Most recently applied in Powers v. United States (October 1968)
(a) An officer of the Dental Corps shall be detailed as Chief of the Dental Corps.
(b) The Chief of the Dental Corps is entitled to the same privileges of retirement as provided for chiefs of bureaus in section 5133 1 of this title.
(c) All matters relating to dentistry shall be referred to the Chief of the Dental Corps.
(d) The Chief of the Dental Corps shall—
(1) establish professional standards and policies for dental practice;
(2) initiate and recommend action pertaining to complements, strength, appointments, advancement, training assignment, and transfer of dental personnel; and
(3) serve as the advisor for the Bureau on all matters relating directly to dentistry.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Section 5133 of this title, referred to in subsec. (b), was repealed by Pub. L. 114–328, div. A, title V, §502(z)(1), Dec. 23, 2016, 130 Stat. 2104.
Amendments
2016—Subsec. (a). Pub. L. 114–328, §502(aa)(1), struck out "not below the grade of rear admiral (lower half)" after "officer of the Dental Corps".
Subsec. (c). Pub. L. 114–328, §502(aa)(2), struck out first sentence which read as follows: "The dental functions of the Bureau of Medicine and Surgery shall be defined and prescribed by Bureau directives, and if necessary by regulations of the Secretary of the Navy, so that all such functions are under the direction of the Dental Corps."
2006—Pub. L. 109–364, §593(d)(1), substituted "Dental Corps" for "Dental Division" in section catchline.
Subsec. (a). Pub. L. 109–364, §593(a)(1), substituted "Chief of the Dental Corps" for "Chief of the Dental Division" and struck out first sentence which read as follows: "There is a Dental Division in the Bureau of Medicine and Surgery."
Subsec. (b). Pub. L. 109–364, §593(a)(2), substituted "Dental Corps" for "Dental Division".
Subsec. (c). Pub. L. 109–364, §593(c), substituted "shall be defined" for "shall be so defined" and "so that all such functions are" for "that all such functions will be".
Pub. L. 109–364, §593(a)(3), substituted "Dental Corps" for "Dental Division" in first sentence and "the Chief of the Dental Corps" for "that Division" in second sentence.
Subsec. (d). Pub. L. 109–364, §593(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The Dental Division shall—
"(1) establish professional standards and policies for dental practice;
"(2) conduct inspections and surveys for maintenance of such standards;
"(3) initiate and recommend action pertaining to complements, appointments, advancement, training assignment, and transfer of dental personnel; and
"(4) serve as the advisory agency for the Bureau on all matters relating directly to dentistry."
1985—Subsec. (a). Pub. L. 99–145 substituted "rear admiral (lower half)" for "commodore".
1981—Subsec. (a). Pub. L. 97–86 substituted "commodore" for "commodore admiral".
1980—Subsec. (a). Pub. L. 96–513 substituted "not below the grade of commodore admiral" for "in the grade of rear admiral".
1962—Subsec. (b). Pub. L. 87–649 struck out "pay, allowances, and" after "entitled to the same". See Title 37, Pay and Allowances of the Uniformed Services.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.