ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4433
(By Delegates Delegates M. Poling, Paxton, Crosier, Gall,
Pethtel,
Shaver, Williams, Wysong, Stephens, Wells and Rowan)
[Passed March 8, 2008; in effect ninety days from passage.]
AN ACT to amend and reenact §18C-3-1 of the Code of West Virginia,
1931, as amended, relating to health education student loan
fund; and increasing the portion of a medical student loan
that may be cancelled under certain circumstances.
Be it enacted by the Legislature of West Virginia:
That §18C-3-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. HEALTH PROFESSIONALS STUDENT LOAN PROGRAMS.
§18C-3-1. Health Education Loan Program; establishment;
administration; eligibility and loan cancellation;
required report.
(a) For the purposes of this section, "Vice Chancellor for
Administration" means the person employed pursuant to section two,
article four, chapter eighteen-b of this code.
(b) There is continued a special revolving fund account administered by the Commission in the state treasury to be known as
the Health Education Student Loan Fund which shall be used to carry
out the purposes of this section. The fund consists of the
following:
(1) All funds on deposit in the medical student loan fund in
the state treasury or which are due or become due for deposit in
the fund as obligations made under the previous enactment of this
section;
(2) Those funds provided for medical education pursuant to the
provisions of section four, article ten, chapter eighteen-b of this
code;
(3) Appropriations provided by the Legislature;
(4) Repayment of any loans made under this section;
(5) Amounts provided by medical associations, hospitals or
other medical provider organizations in this state, or by political
subdivisions of the state, under an agreement which requires the
recipient to practice his or her health profession in this state or
in the political subdivision providing the funds for a
predetermined period of time and in such capacity as set forth in
the agreement; and
(6) Other amounts which may be available from external
sources.
(c) Balances remaining in the fund at the end of the fiscal
year do not expire or revert. All costs associated with administering this section shall be paid from the Health Education
Student Loan Fund.
(d) The Vice Chancellor for Administration may utilize any
funds in the Health Education Student Loan Fund for the purposes of
the Medical Student Loan Program. The Commission shall give
priority for the loans to residents of this state, as defined by
the Commission. An individual is eligible for loan consideration
if the individual meets the following conditions:
(1) Demonstrates financial need;
(2) Meets established academic standards;
(3) Is enrolled or accepted for enrollment at the West
Virginia University School of Medicine, the Marshall University
School of Medicine, or the West Virginia School of Osteopathic
Medicine in a program leading to the degree of medical doctor
(M.D.) or doctor of osteopathy (D.O.);
(4) Has not yet received one of the degrees provided in
subdivision (3) of this subsection; and
(5) Is not in default of any previous student loan.
(e) At the end of each fiscal year, any individual who has
received a medical student loan and who has rendered services as a
medical doctor or a doctor of osteopathy in this state in a
medically underserved area or in a medical specialty in which there
is a shortage of physicians, as determined by the Division of
Health at the time the loan was granted, may submit to the Commission a notarized, sworn statement of service on a form
provided for that purpose. Upon receipt of the statement the
Commission shall cancel ten thousand dollars of the outstanding
loan or loans for every full twelve consecutive calendar months of
such service.
(f) No later than thirty days following the end of each fiscal
year, the Vice Chancellor for Administration shall prepare and
submit a report to the Commission for inclusion in the statewide
report card required under section eight, article one-d, chapter
eighteen-b of this code to be submitted to the Legislative
Oversight Commission on Education Accountability established under
section eleven, article three-a, chapter twenty-nine-a of this
code. At a minimum, the report shall include the following
information:
(1) The number of loans awarded;
(2) The total amount of the loans awarded;
(3) The amount of any unexpended moneys in the fund; and
(4) The rate of default during the previous fiscal year on the
repayment of previously awarded loans.