Chapter 485
AN ACT
SB 188
Relating to Rural Health Services Program; creating new provisions; and
amending ORS 442.550, 442.555 and 442.560.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 442.550 is amended to read:
442.550. As used in ORS
442.550 to 442.570:
(1) “Commission” means
the Oregon Student Assistance Commission.
(2) “Dentist” means
any person licensed to practice dentistry under ORS chapter 679.
[(2)] (3) “Nurse practitioner” means any person [who is] licensed under ORS 678.375.
[(3)] (4) “Pharmacist” means any person licensed as a
pharmacist under ORS chapter 689.
[(4)] (5) “Physician” means any person licensed to practice
medicine under ORS chapter 677.
[(5)] (6) “Physician assistant” means any person licensed
under ORS 677.495 and 677.505 to 677.525.
[(6)] (7) “Qualifying loan” means any loan made to a medical
student, physician assistant student, dental student, pharmacy student
or nursing student under:
(a) Common School Fund
loan program under ORS 348.040 to 348.090;
(b) Programs under Title
IV parts B, D and E, of the Higher Education Act of 1965, as amended; and
(c) The Health
Professions Student Loan, Nursing Student Loan, Health Education Assistance
Loan and Primary Care Loan programs administered by the United States
Department of Health and Human Services.
(8) “Qualifying
practice site” means:
(a) A rural hospital as
defined in ORS 442.470;
(b) A rural health
clinic;
(c) A pharmacy that is
located in a medically underserved rural community in Oregon or a federally
designated health professional shortage area and that is not part of a group of
six or more pharmacies under common ownership; or
(d) Another practice
site in a medically underserved rural community in
SECTION 2.
ORS 442.555 is amended to read:
442.555. (1) There is
created the Rural Health Services Program, to be administered by the Oregon
Student Assistance Commission, pursuant to rules adopted by the commission. The
purpose of the program is to provide loan repayments on behalf of physicians,
physician assistants, dentists, pharmacists and nurse practitioners who
agree to practice in a [rural hospital as
defined in ORS 442.470, in a rural health clinic, in a medically underserved
rural community in Oregon as determined in subsection (4) of this section or in
a pharmacy that is located in a medically underserved rural community in Oregon
or a federally designated health professional shortage area and that is not
part of a group of six or more pharmacies under common ownership] qualifying
practice site.
(2) To be eligible to
participate in the program, a prospective physician, physician assistant, dentist,
pharmacist or nurse practitioner shall submit a letter of interest to the
commission. Applicants who are selected for participation according to criteria
adopted by the commission in consultation with the Office of Rural Health shall
sign a letter of agreement stipulating that the applicant agrees to abide by
the terms stated in ORS 442.560.
(3) Subject to available
resources, the commission may enter into agreements with not to exceed 10
prospective physicians, 10 prospective physician assistants, 10 prospective
dentists, 10 prospective pharmacists and 10 prospective nurse practitioners
each year. The commission may give preference to prospective physicians,
physician assistants, dentists, pharmacists and nurse practitioners who agree
to practice in a community that has contributed funds to the Rural Health
Services Fund.
(4) The Office of Rural
Health shall adopt criteria to be applied to determine medically underserved
communities and qualifying practice sites for purposes of ORS 442.550 to
442.570 and for the purposes of compliance with federal Public Law 95-210,
establishing rural health clinics.
(5) A qualifying
practice site shall submit an application to the Office of Rural Health to
participate in the program. The office shall make a list of qualifying practice
sites available to prospective physicians, physician assistants, dentists,
pharmacists and nurse practitioners.
SECTION 3.
ORS 442.560 is amended to read:
442.560. (1) Prospective
physicians, physician assistants, dentists, pharmacists and nurse
practitioners who wish to participate in the Rural Health Services Program
shall agree that:
(a) For each year of
medical, physician assistant, dental, pharmacy or graduate school, the
applicant designates an agreed amount, not to exceed $25,000, as a qualifying
loan subject to ORS 442.550 to 442.570.
(b) In the [five years] time period immediately
following the completion of all residency requirements or the [five years] time period immediately
following the execution of a Rural Health Services agreement with the Oregon
Student Assistance Commission, whichever comes later, a physician or dentist
agrees to practice for at least three full years in a rural hospital as defined
in ORS 442.470, in a rural health clinic or in a medically underserved rural
community in Oregon.
(c) For not less than
three nor more than five years that a physician or dentist serves in a
rural hospital as defined in ORS 442.470, in a rural health clinic or in a
medically underserved rural community, the commission shall annually pay an
amount [equal to 20 percent] that
is a percentage of the total of all qualifying loans made to the physician or
dentist through the programs described in ORS 442.550.
(d) In the [four years] time period immediately
following the completion of physician assistant or graduate school or the [four years] time period immediately
following the execution of a Rural Health Services agreement with the
commission, whichever comes later, a physician assistant or nurse practitioner
agrees to practice for at least two years in a rural hospital as defined in ORS
442.470, in a rural health clinic or in a medically underserved rural community
in Oregon.
(e) For not less than
two nor more than four years that a physician assistant or nurse practitioner
practices in a rural hospital as defined in ORS 442.470, in a rural health
clinic or in a medically underserved rural community, the commission shall
annually pay an amount [equal to 25
percent] that is a percentage of the total of all qualifying loans
made to the physician assistant or nurse practitioner through the programs
described in ORS 442.550.
(f) In the [five years] time period immediately
following the completion of all pharmacy residency requirements or the [five years] time period immediately
following the execution of a Rural Health Services agreement with the
commission, whichever comes later, a pharmacist agrees to practice for at least
three full years in a rural hospital as defined in ORS 442.470, in a rural
health clinic, in a medically underserved rural community in Oregon or in a
pharmacy that is located in a medically underserved rural community in Oregon
or a federally designated health professional shortage area and that is not
part of a group of six or more pharmacies under common ownership.
(g) For not less than
three nor more than five years that a pharmacist serves in a rural hospital as
defined in ORS 442.470, in a rural health clinic, in a medically underserved
rural community or in a pharmacy that is located in a medically underserved
rural community or a federally designated health professional shortage area and
that is not part of a group of six or more pharmacies under common ownership,
the commission shall annually pay an amount [equal to 20 percent] that is a percentage of the total of
all qualifying loans made to the pharmacist through the programs described in
ORS 442.550.
(2) If the participant
does not complete the full service obligation set forth in subsection (1)(b),
(d) or (f) of this section, the commission shall collect 100 percent of any
payments made by the commission to the participant under this program. In
addition, a penalty equal to 50 percent of the qualifying loans and interest
paid by the commission shall be assessed by the commission, to be credited to
and deposited in the Rural Health Services Fund established under ORS 442.570.
(3) The Oregon Student
Assistance Commission, in consultation with the Office of Rural Health, shall
establish rules to allow waiver of all or part of the fees and penalties owed
to the commission due to circumstances that prevent the participant from
fulfilling the service obligation.
SECTION 4. The
amendments to ORS 442.550, 442.555 and 442.560 by sections 1 to 3 of this 2007
Act apply to Rural Health Services agreements entered into between the Oregon
Student Assistance Commission and physicians, physician assistants, dentists,
pharmacists and nurse practitioners on or after the effective date of this 2007
Act.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
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