COMMITTEE SUBSTITUTE
FOR
H. B. 2557
(By Delegates Prezioso, Ball, Beach, Heck, Kallai, Henderson and
Anderson)
(Originating in the House Committee on Finance)
[February 28, 1995]
A BILL to amend article three, chapter eighteen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three, relating to the creation of the health sciences
scholarship program.
Be it enacted by the Legislature of West Virginia:
That article three, chapter eighteen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three, to read as follows:
ARTICLE 3. HEALTH PROFESSIONALS STUDENT LOAN PROGRAMS.
§18C-3-3. Health sciences scholarship program; establishment;
administration; eligibility.
(a)
Legislative findings--The Legislature finds that there is
a critical need for additional practicing health care professionals in West Virginia. Therefore, there is hereby created a health
sciences scholarship program to be administered by the vice
chancellor of health sciences. The purpose of this program is to
provide an incentive for health professional students to complete
their training and provide primary care in underserved areas of
West Virginia.
(b)
Establishment of special account--There is hereby
established a special revolving fund account under the board of
trustees in the state treasury to be known as the "Health Sciences
Scholarship Fund" that shall be used to carry out the purposes of
this section. The fund shall consist of one or more of the
following: (1) All unexpended health sciences scholarship funds on
deposit in the state treasury on the effective date of this
section; (2) appropriations as may be provided by the Legislature;
(3) repayments, including interest as set by the vice chancellor of
health sciences, collected from scholarship recipients who fail to
practice in West Virginia under the terms of the scholarship
agreement as set forth under this section; or (4) amounts that may
become available from other sources. Balances remaining in the
fund at the end of the fiscal year shall not expire or revert to
the general revenue. All costs associated with the administration
of this section shall be paid from the health sciences scholarship fund under the direction of the vice chancellor of health sciences.
(c)
Eligibility requirements--An individual is eligible for
consideration for a health sciences scholarship; if the individual
(1) either (A) a fourth-year medical student at the Marshall
university school of medicine, West Virginia school of osteopathic
medicine or West Virginia university school of medicine who has
been accepted in a primary care internship/residency program in
West Virginia, or (B) is enrolled or accepted for enrollment in an
approved education program at a West Virginia institution leading
to a degree or certification in the field of nurse practitioner,
nurse midwife, physician assistant, or other disciplines identified
as shortage fields by the vice chancellor of health sciences; and
(2) signs an agreement to practice for at least two years in an
underserved area of West Virginia as determined by the bureau of
public health. Awarding preference will be given to West Virginia
residents.
(d)
Scholarship awards--Scholarships shall be in the amount of
ten thousand dollars and may be awarded by the vice chancellor of
health sciences, with the advice of an advisory panel, from the
pool of all applicants with a commitment to practice in an
underserved area of West Virginia as determined by the bureau of
public health. Nothing herein shall be construed as granting or guaranteeing any applicant any right to such a scholarship.
(e)
Repayment provisions--A scholarship recipient who fails to
practice in an underserved area of West Virginia within six months
of the completion of his or her training, or who fails to complete
his or her training, is in breach of contract and is liable for
repayment of the total scholarship amount received plus interest.
The granting or renewal of a license to practice in West Virginia
or to reciprocal licensure in another state based upon licensure in
West Virginia shall be contingent upon beginning payment and
continuing payment until complete repayment of the total
scholarship amount if the recipient fails to practice in an
underserved area. No license, renewal or reciprocity shall be
granted to persons whose repayments are in arrears. The
appropriate regulatory board shall inform all other states where a
recipient has reciprocated based upon West Virginia licensure of
any refusal to renew licensure in West Virginia as a result of
failure to repay the scholarship amount. This provision shall be
explained in bold type in the scholarship contract. Repayment
terms, not inconsistent with this section, shall be established by
the vice chancellor of health sciences pursuant to rules as
required under subsection (f) of this section.
(f)
Promulgation of rules--The board of trustees shall promulgate rules pursuant to article three-a, chapter twenty nine-a
of this code necessary for the implementation and administration of
this section.
(g)
Definitions--For purposes of the repayment provisions of
this section, the term "training" means the entire degree program
or certification program for nurse midwives, nurse practitioners,
physician assistants and other disciplines identified as shortage
field by the vice chancellor. The term also means the completion
of a degree program and includes completion of an approved
residency/internship program for students pursuing a degree in
medicine or a degree in osteopathy.