Senate Bill No. 709
(By Senators Jackson, Plymale, Bailey, Boley, Bowman, Caldwell,
Edgell, Hunter, Minear, Oliverio and Unger)
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[Originating in the Committee on Education;
reported on February 20, 2002]
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A BILL to amend and reenact section three, article three, chapter
eighteen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the health
sciences scholarship program; providing that persons pursuing
a master's degree in nursing are eligible under certain
circumstances; and increasing the amount of the scholarships
for medical students.
Be it enacted by the Legislature of West Virginia:
That section three, article three, chapter eighteen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted 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 for 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 higher education policy commission 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 for health sciences, collected from
scholarship recipients who fail to practice or teach 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 for health sciences.
(c) Eligibility requirements. -- An individual is eligible for
consideration for a health sciences scholarship if the individual:
(1) Either: (A) Is 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 for 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. An individual also is eligible for consideration
for a health sciences scholarship if the individual is pursuing a
master's degree in nursing and signs an agreement to teach at least
two years for a school of nursing located in West Virginia, as may
be determined by the vice chancellor for health sciences, after
receiving her or his master's degree. Awarding preference will be
given to West Virginia residents.
(d) Scholarship awards. -- Scholarships shall be in the amount of ten twenty thousand dollars for medical students and ten
thousand dollars for all others and may be awarded by the vice
chancellor of for 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 or who fails to complete the required
teaching 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 for health
sciences pursuant to rules as required under subsection (f) of this
section.
(f) Promulgation of rules. -- The board of trustees higher
education policy commission 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.