25 CFR § 36.97 - What basic requirements must a program's health services meet?

---
identifier: "/us/cfr/t25/s36.97"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 36.97 - What basic requirements must a program's health services meet?"
title_number: 25
title_name: "Indians"
section_number: "36.97"
section_name: "What basic requirements must a program's health services meet?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "E"
subchapter_name: "EDUCATION"
part_number: "36"
part_name: "MINIMUM ACADEMIC STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN AND NATIONAL CRITERIA FOR DORMITORY SITUATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Section 502, 25 U.S.C. 2001; section 5101, 25 U.S.C. 2001; Section 1101, 25 U.S.C. 2002; 5 U.S.C. 301; 25 U.S.C. 2 and 9; 25 U.S.C. 2901, Title I of P.L. 101-477."
regulatory_source: "50 FR 36816, Sept. 9, 1985, unless otherwise noted."
cfr_part: "36"
---


# 36.97 What basic requirements must a program's health services meet?

(a) A homeliving program must make available basic medical, dental, vision, and other necessary health services for all students residing in the homeliving program, subject to agreements between the BIE and the Indian Health Service or between a tribally-operated homeliving program and the Indian Health Service or tribal health program.

(b) A homeliving program must have written procedures for dealing with emergency health care issues.

(c) Parents or guardians may opt out of any non-emergency services by submitting a written request.

(d) The homeliving supervisor or designee must act *in loco parentis* when the parent or guardian cannot be found.