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S.B. 113
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RURAL DENTIST STUDENT LOAN
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REPAYMENT ASSISTANCE
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2002 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Peter C. Knudson
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This act amends the Physician and Physician Assistants Grant and Scholarship Program to
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include dentists as eligible recipients of loan repayment and scholarship grants in exchange
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for practicing in medically underserved rural areas of the state. The act amends
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membership of the rural medical financial assistance committee to include a dentist.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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26-9-201, as enacted by Chapter 44, Laws of Utah 1993
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26-9-202, as last amended by Chapter 21, Laws of Utah 1999
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26-9-203, as last amended by Chapters 194 and 243, Laws of Utah 1996
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26-9-210, as last amended by Chapter 79, Laws of Utah 1996
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ENACTS:
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26-9-209.5, Utah Code Annotated 1953
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26-9-209.6, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-9-201
is amended to read:
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Part 2. Dentist, Physicians and Physicians Assistants Grant
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and Scholarship Program
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26-9-201. Title.
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This part is known as the "Dentist, Physicians and Physicians Assistants Grant and
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Scholarship Program."
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Section 2.
Section
26-9-202
is amended to read:
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26-9-202. Definitions.
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As used in this part:
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(1) "Applicant" means a person who meets the application requirements established by the
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committee for a grant or a scholarship under this part.
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(2) "Committee" means the Rural Medical Financial Assistance Committee created by
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Section
26-1-7
.
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(3) "Dentist" means a person who has met the requirements of Subsection
58-69-302
(1)(d)
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and is licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act.
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[(3)] (4) "Educational expenses" are tuition, fees, books, supplies, educational equipment
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and material, and reasonable living expenses.
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[(4)] (5) "Medically underserved rural area" means a county, city, town, or other service
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area with a population of less than 99 people per square mile and designated by the committee as
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underserved by dentists, physicians or physician assistants.
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[(5)] (6) "Physician" means a person who:
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(a) has completed training at an educational institution that provides training leading to
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the award of a Medical Doctor or Doctor of Osteopathy degree and who has completed a
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post-graduate training program in medicine at an institution accredited by the Accreditation
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Committee on Graduate Medical Education, the American Osteopathic Association Bureau of
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Professional Education, or the Royal College of Physicians and Surgeons of Canada; and
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(b) is licensed to practice in the state under Title 58, Chapter 68, Utah Osteopathic Medical
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Practice Act, or under Title 58, Chapter 67, Utah Medical Practice Act.
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[(6)] (7) "Physician assistant" means a person who is graduated from a physician assistant
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program approved by the Committee on Allied Health Education and Accreditation of the
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American Medical Association and who is licensed to practice in the state under Title 58, Chapter
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70a, Physician Assistant Act.
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[(7)] (8) "Recipient" means an applicant selected to receive a grant or a scholarship under
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this part.
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Section 3.
Section
26-9-203
is amended to read:
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26-9-203. Rural Medical Financial Assistance Committee -- Membership -- Expenses.
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(1) The Rural Medical Financial Assistance Committee is comprised of [ten] 11 members:
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(a) [nine] ten members are appointed by the governor as follows:
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(i) one faculty member of the school of medicine at the University of Utah nominated by
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the dean of the school of medicine;
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(ii) one employee of the department nominated by the director of the department;
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(iii) one rural hospital administrator nominated by the president of the Utah Hospital
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Association;
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(iv) one member of the Utah Medical Association nominated by the president of the
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association;
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(v) one rural representative of the Association for Utah Community Health nominated by
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the board of the association;
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(vi) one rural representative nominated by the Utah League of Cities and Towns;
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(vii) one rural representative nominated by the Association of Counties;
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(viii) one rural representative nominated by the Utah Academy of Physician Assistants;
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[and]
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(ix) one employee representing the Division of Business and Economic Development,
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nominated by the executive director of the Department of Community and Economic
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Development; and
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(x) one member of the Utah Dental Association nominated by the president of the
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association; and
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(b) one member of the Legislature, chosen by the president and speaker, who serves as an
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ex officio member with no voting privileges.
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(2) (a) The names of all persons nominated to be members of the committee shall be
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submitted to the governor for confirmation or rejection.
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(b) If a nominee is rejected by the governor, another nominee shall be selected in the same
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manner as the nominee the governor rejects.
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(3) (a) Except as required by Subsection (3)(b), the term of office of each committee
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member is four years.
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(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
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of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
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members are staggered so that approximately half of the committee is appointed every two years.
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(4) A committee member may not serve more than two consecutive terms.
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(5) The committee shall annually designate one of its members to serve as chair for a
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one-year period.
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(6) When a vacancy occurs in the membership for any reason, the replacement shall be
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appointed for the unexpired term in accordance with Subsection (2).
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(7) A majority of the committee members constitutes a quorum for the transaction of
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business.
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(8) (a) (i) Members who are not government employees shall receive no compensation or
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benefits for their services, but may receive per diem and expenses incurred in the performance of
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the member's official duties at the rates established by the Division of Finance under Sections
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63A-3-106
and
63A-3-107
.
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(ii) Members may decline to receive per diem and expenses for their service.
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(b) (i) State government officer and employee members who do not receive salary, per
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diem, or expenses from their agency for their service may receive per diem and expenses incurred
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in the performance of their official duties from the committee at the rates established by the
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Division of Finance under Sections
63A-3-106
and
63A-3-107
.
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(ii) State government officer and employee members may decline to receive per diem and
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expenses for their service.
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(c) Legislators on the committee shall receive compensation and expenses as provided by
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law and legislative rule.
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(d) (i) Higher education members who do not receive salary, per diem, or expenses from
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the entity that they represent for their service may receive per diem and expenses incurred in the
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performance of their official duties from the committee at the rates established by the Division of
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Finance under Sections
63A-3-106
and
63A-3-107
.
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(ii) Higher education members may decline to receive per diem and expenses for their
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service.
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(e) (i) Local government members who do not receive salary, per diem, or expenses from
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the entity that they represent for their service may receive per diem and expenses incurred in the
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performance of their official duties at the rates established by the Division of Finance under
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Sections
63A-3-106
and
63A-3-107
.
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(ii) Local government members may decline to receive per diem and expenses for their
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service.
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Section 4.
Section
26-9-209.5
is enacted to read:
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26-9-209.5. Dentist loan repayment grants -- Terms and amounts -- Service.
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(1) (a) To increase the number of dentists practicing in medically underserved rural areas
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of the state, the department may provide grants to dentists to repay loans taken by them for dental
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educational expenses in exchange for their agreement to practice for a specified period of time in
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medically underserved rural areas in the state.
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(b) Grants may be given only to repay bona fide loans taken by a dentist for dental
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educational expenses while pursuing an education at an institution that provides training leading
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to the award of a doctors degree in dentistry.
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(2) Grants to dentists under this section may not be used to satisfy other obligations owed
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by the dentist under any similar program and may not be used to repay a loan that is in default at
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the time of application.
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(3) The department may not disburse any grant funds under this part until the recipient has
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performed at least three months of full-time service at the designated medically underserved rural
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area.
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Section 5.
Section
26-9-209.6
is enacted to read:
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26-9-209. Dentist scholarships -- Terms and amounts -- Service.
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(1) To increase the number of dentists in medically underserved rural areas in the state,
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the department may provide scholarships to individuals seeking to become dentists in exchange
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for their agreement to practice for a specified period of time in medically underserved rural areas
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in the state.
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(2) The scholarships may be given only to pay educational expenses, while pursuing dental
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education at an educational institution within the United States accredited by the Commission on
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Dental Accreditation of the American Dental Association.
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(3) Scholarships given under this section may not be used to satisfy other obligations owed
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under any similar program and may not be in an amount more than is reasonably necessary to meet
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educational expenses.
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(4) Scholarship recipients shall seek a course of dental education following a schedule of
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minimum course hours per year and maximum years leading to receipt of a degree as set by rule
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by the committee.
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Section 6.
Section
26-9-210
is amended to read:
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26-9-210. Service obligation -- Repayment -- Penalty.
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(1) (a) Before receiving a grant or a scholarship under this part, each recipient shall enter
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into a contract with the state agreeing to the conditions upon which the grant or scholarship is to
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be made.
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(b) The contract shall include necessary conditions to carry out the purposes of this part.
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(2) (a) In exchange for financial assistance under this part, the recipient shall practice
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full-time for a minimum of 24 months in a medically underserved rural area at a site approved by
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the committee.
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(b) The recipient's full-time practice in a medically underserved rural area at a site
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approved by the committee retires the amount owed for the grant or scholarship according to a
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schedule established by the committee.
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(c) Periods of internship, preceptorship, or other clinical training do not satisfy the service
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obligation under this part.
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(3) A grant recipient under this part who fails to complete the service obligation shall:
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(a) pay as a penalty, twice the total amount of the grant not yet paid to him, on a prorated
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basis according to a schedule established by the committee and 12% per annum interest on the
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unpaid penalty amount; and
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(b) costs and expenses incurred in collection, including attorney fees.
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(4) A scholarship recipient who fails to finish his dental, medical, or physician assistant
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schooling and become a dentist, physician, or a physician assistant within the period of time agreed
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upon with the committee shall within 90 days after the deadline for completing his schooling or
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within 90 days of his failure to continue his schooling, whichever occurs earlier, repay:
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(a) all scholarship money received;
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(b) 12% per annum interest on the funds received under the scholarship, calculated from
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the date each installment is received under the scholarship until it is repaid; and
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(c) costs and expenses incurred in collection, including attorney fees.
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(5) A scholarship recipient who finishes his schooling and becomes a dentist, physician,
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or physician assistant but who fails to fulfill his service obligation shall repay:
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(a) twice the total scholarship amount paid to him that is not yet retired by his service, on
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a prorated basis according to a schedule established by the committee;
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(b) 12% per annum interest on the unretired funds received under the scholarship
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calculated from the date he received each installment under the scholarship; and
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(c) costs and expenses incurred in collection, including attorney fees.
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(6) Amounts recovered and damages collected under this section shall be deposited as
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dedicated credits to be used to carry out the provisions of this part.
Legislative Review Note
as of 1-7-02 3:56 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.