1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *TNL064* 3/2/2023 2:37:34 PM TNL064 |
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3 | 3 | | |
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4 | 4 | | State of Arkansas 1 |
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5 | 5 | | 94th General Assembly A Bill 2 |
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6 | 6 | | Regular Session, 2023 HOUSE BILL 1545 3 |
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7 | 7 | | 4 |
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8 | 8 | | By: Representative L. Johnson 5 |
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9 | 9 | | 6 |
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10 | 10 | | For An Act To Be Entitled 7 |
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11 | 11 | | AN ACT CONCERNING RU RAL MEDICAL PRACTICE STUDENT 8 |
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12 | 12 | | LOANS AND SCHOLARSHI PS; TO REDEFINE "MED ICALLY 9 |
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13 | 13 | | UNDERSERVED" FOR PUR POSES OF THE ARKANSA S RURAL 10 |
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14 | 14 | | MEDICAL PRACTICE STU DENT LOAN AND SCHOLA RSHIP 11 |
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15 | 15 | | PROGRAM; AND FOR OTH ER PURPOSES. 12 |
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16 | 16 | | 13 |
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17 | 17 | | 14 |
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18 | 18 | | Subtitle 15 |
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19 | 19 | | CONCERNING RURAL MEDICAL PRACTICE STUDENT 16 |
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20 | 20 | | LOANS AND SCHOLARSHIPS. 17 |
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21 | 21 | | 18 |
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22 | 22 | | 19 |
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23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 |
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24 | 24 | | 21 |
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25 | 25 | | SECTION 1. Arkansas Code § 6 -81-701 is amended to read as follows: 22 |
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26 | 26 | | 6-81-701. Definitions. 23 |
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27 | 27 | | As used in this subchapter: 24 |
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28 | 28 | | (1) “Medically underserved population” means an area in Arkansas 25 |
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29 | 29 | | that the Arkansas Rural Medical Practice Student Loan and Scholarship Board 26 |
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30 | 30 | | determines has unmet needs for medical services due to factors, including 27 |
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31 | 31 | | without limitation: 28 |
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32 | 32 | | (A) The ratio of primary care physicians to population; 29 |
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33 | 33 | | (B) The infant mortality rate; 30 |
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34 | 34 | | (C) The percentage of: 31 |
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35 | 35 | | (i) Population with incomes below the federal 32 |
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36 | 36 | | poverty level, as it existed on January 1, 2017; 33 |
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37 | 37 | | (ii) Resident individuals sixty (60) years of age 34 |
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38 | 38 | | and older; and 35 |
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39 | 39 | | (iii) Physicians sixty (60) years of age and older; 36 HB1545 |
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40 | 40 | | |
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41 | 41 | | 2 3/2/2023 2:37:34 PM TNL064 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | (D) Accessibility within the area to primary care 1 |
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45 | 45 | | medicine; and 2 |
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46 | 46 | | (E) Other relevant criteria the board may deem necessary 3 |
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47 | 47 | | for a determination of unmet needs for medical service s the same as defined 4 |
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48 | 48 | | in 42 U.S.C. § 254b, as in effect on January 1, 2024 ; and 5 |
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49 | 49 | | (2) “Primary care medicine” means health care provided in one 6 |
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50 | 50 | | (1) of the following areas of practice: 7 |
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51 | 51 | | (A) Family medicine; 8 |
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52 | 52 | | (B) General internal medicine; 9 |
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53 | 53 | | (C) General internal medicine and pediatrics; 10 |
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54 | 54 | | (D) General pediatrics; 11 |
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55 | 55 | | (E) General obstetrics and gynecology; 12 |
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56 | 56 | | (F) General surgery; 13 |
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57 | 57 | | (G) Emergency medicine; and 14 |
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58 | 58 | | (H) Geriatrics; and 15 |
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59 | 59 | | (3) “Qualified rural community” means an area: 16 |
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60 | 60 | | (A) With a population below twenty thousand (20,000) 17 |
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61 | 61 | | according to the most recent federal census; 18 |
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62 | 62 | | (B) That is at least twenty (20) miles from a city or town 19 |
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63 | 63 | | with a population of more than twenty thousand (20,000) according to the most 20 |
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64 | 64 | | recent federal census; and 21 |
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65 | 65 | | (C) That is reasonably determined by the board to be 22 |
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66 | 66 | | medically underserved . 23 |
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67 | 67 | | 24 |
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68 | 68 | | SECTION 2. Arkansas Code § 6 -81-702(a)(1), concerning the 25 |
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69 | 69 | | establishment of the Arkansas Rural Medical Practice Student Loan and 26 |
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70 | 70 | | Scholarship Board, is amended to read as follo ws: 27 |
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71 | 71 | | (a)(1) There is established the Arkansas Rural Medically Underserved 28 |
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72 | 72 | | Population Medical Practice Student Loan and Scholarship Board that shall 29 |
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73 | 73 | | consist of eight (8) members appointed by the Governor for three -year terms. 30 |
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74 | 74 | | 31 |
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75 | 75 | | SECTION 3. Arkansas Code § 6-81-702(b), concerning the duties of the 32 |
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76 | 76 | | Arkansas Rural Medical Practice Student Loan and Scholarship Board, is 33 |
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77 | 77 | | amended to read as follows: 34 |
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78 | 78 | | (b) The board shall: 35 |
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79 | 79 | | (1) Promulgate reasonable rules necessary to execute the 36 HB1545 |
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80 | 80 | | |
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81 | 81 | | 3 3/2/2023 2:37:34 PM TNL064 |
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82 | 82 | | |
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83 | 83 | | |
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84 | 84 | | provisions of this subchapter, including rules addressing the requirements 1 |
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85 | 85 | | and in conformance with the requirements of the Arkansas Administrative 2 |
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86 | 86 | | Procedure Act, § 25-15-201 et seq., and other appropriate state laws in 3 |
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87 | 87 | | promulgating and placing rules into effect: 4 |
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88 | 88 | | (A) For a health pro fessions shortage area; 5 |
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89 | 89 | | (B) To For a community with a medically underserved 6 |
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90 | 90 | | population to become a qualified rural community eligible to participate in 7 |
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91 | 91 | | the Rural Arkansas Medically Underserved Population Medical Practice Student 8 |
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92 | 92 | | Loan and Scholarship Pr ogram or the Community Match Rural Physician 9 |
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93 | 93 | | Recruitment Program; and 10 |
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94 | 94 | | (C) For a procedure to resolve disputes arising out of or 11 |
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95 | 95 | | relating to a rural medically underserved population practice or community 12 |
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96 | 96 | | match loan or income incentive contract; 13 |
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97 | 97 | | (2) Prescribe forms for and regulate the submission of loan 14 |
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98 | 98 | | applications; 15 |
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99 | 99 | | (3) Determine eligibility of applicants; 16 |
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100 | 100 | | (4) Allow or disallow loan or income incentive applications; 17 |
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101 | 101 | | (5) Contract, increase, decrease, terminate, and otherwise 18 |
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102 | 102 | | regulate all loan and income incentive disbursements for these purposes, 19 |
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103 | 103 | | receipts for their repayment, and convert loans to scholarships or grants, as 20 |
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104 | 104 | | applicable; 21 |
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105 | 105 | | (6) Manage, operate, and control all funds and property 22 |
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106 | 106 | | appropriated or otherwise contributed for this purp ose; 23 |
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107 | 107 | | (7) Accept gifts, grants, bequests, or devises and apply them as 24 |
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108 | 108 | | a part of this program the Arkansas Medically Underserved Population Medical 25 |
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109 | 109 | | Practice Student Loan and Scholarship Program ; 26 |
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110 | 110 | | (8) Sue and be sued as the board; and 27 |
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111 | 111 | | (9) Accept moneys from federal programs that may be used for 28 |
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112 | 112 | | furtherance of the purposes of this subchapter. 29 |
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113 | 113 | | 30 |
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114 | 114 | | SECTION 4. Arkansas Code § 6 -81-702(d), concerning the administration 31 |
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115 | 115 | | of the Arkansas Rural Medical Practice Student Loan and Scholarship Program, 32 |
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116 | 116 | | is amended to read as follows: 33 |
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117 | 117 | | (d) The board shall administer the Rural Arkansas Medically 34 |
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118 | 118 | | Underserved Population Medical Practice Student Loan and Scholarship Program 35 |
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119 | 119 | | and the Community Match Rural Physician Recruitment Program. 36 HB1545 |
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120 | 120 | | |
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122 | 122 | | |
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123 | 123 | | |
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124 | 124 | | 1 |
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125 | 125 | | SECTION 5. Arkansas Code § 6 -81-703(a), concerning loan applications 2 |
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126 | 126 | | for students accepted for admission to or enrolled in good standing in the 3 |
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127 | 127 | | College of Medicine of the University of Arkansas for Medical Sciences, is 4 |
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128 | 128 | | amended to read as follows: 5 |
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129 | 129 | | (a)(1) Any student accepted for admissio n to or enrolled in good 6 |
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130 | 130 | | standing in the College of Medicine of the University of Arkansas for Medical 7 |
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131 | 131 | | Sciences in studies leading to the degree of Doctor of Medicine who is a bona 8 |
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132 | 132 | | fide resident of Arkansas may apply for a loan under this subchapter on for ms 9 |
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133 | 133 | | prescribed by the Arkansas Rural Medically Underserved Population Medical 10 |
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134 | 134 | | Practice Student Loan and Scholarship Board. 11 |
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135 | 135 | | (2) An individual who is not already contracted to practice in a 12 |
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136 | 136 | | qualified rural area as required under this subchapter is eligible for a loan 13 |
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137 | 137 | | under this subchapter if he or she otherwise meets the requirements for a 14 |
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138 | 138 | | loan. 15 |
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139 | 139 | | 16 |
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140 | 140 | | SECTION 6. Arkansas Code §§ 6 -81-704 - 6-81-708 are amended to read as 17 |
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141 | 141 | | follows: 18 |
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142 | 142 | | 6-81-704. Medical students — Investigation after application. 19 |
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143 | 143 | | When a rural medically underserved population medical practice loan 20 |
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144 | 144 | | application is filed with the Arkansas Rural Medically Underserved Population 21 |
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145 | 145 | | Medical Practice Student Loan and Scholarship Board, the board shall examine 22 |
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146 | 146 | | the application, investigate the ability, char acter, and qualifications of 23 |
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147 | 147 | | the applicant, and investigate the financial standing of the applicant or his 24 |
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148 | 148 | | or her parents to determine whether the applicant is in need of a loan to 25 |
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149 | 149 | | advance his or her medical education. 26 |
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150 | 150 | | 27 |
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151 | 151 | | 6-81-705. Medical students — Purpose of loan. 28 |
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152 | 152 | | Rural Medically underserved population medical practice loans provided 29 |
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153 | 153 | | for in this subchapter shall be made for the sole purpose of paying the 30 |
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154 | 154 | | applicant's tuition, maintenance, and educational expenses and the necessary 31 |
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155 | 155 | | living expenses of his o r her dependents while the applicant is enrolled in a 32 |
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156 | 156 | | program of medical education as described in this subchapter. 33 |
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157 | 157 | | 34 |
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158 | 158 | | 6-81-706. Medical students — Eligibility for initial and renewal 35 |
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159 | 159 | | loans. 36 HB1545 |
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160 | 160 | | |
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162 | 162 | | |
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163 | 163 | | |
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164 | 164 | | (a) The Arkansas Rural Medically Underserved Population Medical 1 |
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165 | 165 | | Practice Student Loan and Scholarship Board may make rural medical practice 2 |
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166 | 166 | | loans to the applicant, each rural medical practice loan being expressly made 3 |
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167 | 167 | | subject to the provisions of § 6 -81-708(c) and § 6-81-710, if it finds that: 4 |
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168 | 168 | | (1) The applicant is a bona fide resident of Arkansas; 5 |
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169 | 169 | | (2) The applicant has been accepted for admission to or is 6 |
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170 | 170 | | enrolled in good standing in the College of Medicine of the University of 7 |
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171 | 171 | | Arkansas for Medical Sciences in studies leading to the degree of Doctor of 8 |
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172 | 172 | | Medicine; 9 |
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173 | 173 | | (3) The applicant is enrolled in a medically underserved and 10 |
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174 | 174 | | rural practice curriculum; 11 |
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175 | 175 | | (4) The applicant needs financial assistance to complete his or 12 |
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176 | 176 | | her medical studies; 13 |
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177 | 177 | | (5) The applicant desires to practice medicine in an eligible 14 |
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178 | 178 | | qualified rural a community with a medically underserved population ; and 15 |
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179 | 179 | | (6) The applicant is a person of good moral character and one 16 |
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180 | 180 | | who has the talent and capacity to profit by medical studies. 17 |
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181 | 181 | | (b) Subject to the availability of funds, an initial rural medically 18 |
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182 | 182 | | underserved population medical practice loan for one (1) academic year shall 19 |
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183 | 183 | | be renewable annually for the number of years required to complete studies 20 |
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184 | 184 | | leading to the Doctor of Medicine degree or for additional amounts, not to 21 |
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185 | 185 | | exceed the maximum amounts specified in § 6-81-707, but all subsequent rural 22 |
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186 | 186 | | medically underserved population medical practice loans shall be granted only 23 |
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187 | 187 | | upon application by the recipient and a finding by the board that: 24 |
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188 | 188 | | (1) The applicant has completed successfully the medical studies 25 |
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189 | 189 | | of the preceding academic year and remains in good standing as an enrolled 26 |
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190 | 190 | | student in the college; 27 |
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191 | 191 | | (2) The applicant is enrolled or participating in a medically 28 |
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192 | 192 | | underserved and rural practice curriculum; 29 |
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193 | 193 | | (3) The applicant continues to be a re sident of Arkansas; and 30 |
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194 | 194 | | (4) The applicant's financial situation continues to warrant 31 |
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195 | 195 | | financial assistance made under the conditions of this section. 32 |
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196 | 196 | | 33 |
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197 | 197 | | 6-81-707. Maximum amount of loans. 34 |
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198 | 198 | | (a) The maximum amount of each rural medically underserved popul ation 35 |
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199 | 199 | | practice loan for medical students shall not exceed sixteen thousand five 36 HB1545 |
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200 | 200 | | |
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202 | 202 | | |
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203 | 203 | | |
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204 | 204 | | hundred dollars ($16,500) per academic year or those costs that are 1 |
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205 | 205 | | reasonable and necessary for the student's attendance as determined by the 2 |
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206 | 206 | | Arkansas Rural Medically Underserved Population Medical Practice Student Loan 3 |
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207 | 207 | | and Scholarship Board. 4 |
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208 | 208 | | (b)(1) The maximum amount of each community match income incentive 5 |
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209 | 209 | | shall not exceed eighty thousand dollars ($80,000) or as the board otherwise 6 |
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210 | 210 | | shall determine payable under § 6 -81-716. 7 |
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211 | 211 | | (2) The board shall provide one -half (½) of the community match 8 |
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212 | 212 | | income incentive, and the qualified rural community with a medically 9 |
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213 | 213 | | underserved population shall provide the other one -half (½) of the income 10 |
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214 | 214 | | incentive. 11 |
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215 | 215 | | (3) However, if the board does n ot have sufficient funds to 12 |
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216 | 216 | | match the community's portion of the income incentive, nothing precludes a 13 |
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217 | 217 | | qualified rural community with a medically underserved population from 14 |
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218 | 218 | | providing the total income incentive amount. 15 |
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219 | 219 | | 16 |
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220 | 220 | | 6-81-708. Loan contracts — Rural Medically Underserved Population 17 |
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221 | 221 | | Medical Practice Loans — Obligations and conditions. 18 |
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222 | 222 | | (a) The Arkansas Rural Medically Underserved Population Medical 19 |
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223 | 223 | | Practice Student Loan and Scholarship Board shall enter into a loan contract 20 |
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224 | 224 | | with the applicant to whom a rural medically underserved population medical 21 |
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225 | 225 | | practice loan is made. 22 |
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226 | 226 | | (b) The contract shall be approved by the Attorney General and shall 23 |
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227 | 227 | | be signed by the Chair of the Arkansas Rural Medically Underserved Population 24 |
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228 | 228 | | Medical Practice Student Loan and Sch olarship Board, countersigned by the 25 |
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229 | 229 | | Secretary of the Arkansas Rural Medically Underserved Population Medical 26 |
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230 | 230 | | Practice Student Loan and Scholarship Board, and signed by the applicant. 27 |
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231 | 231 | | (c) Each applicant to whom a rural medically underserved population 28 |
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232 | 232 | | medical practice loan or loans is granted by the Arkansas Rural Medically 29 |
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233 | 233 | | Underserved Population Medical Practice Student Loan and Scholarship Board 30 |
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234 | 234 | | shall execute a written loan contract that incorporates the following 31 |
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235 | 235 | | obligations and conditions: 32 |
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236 | 236 | | (1)(A) The recipient of a rural medically underserved population 33 |
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237 | 237 | | medical practice loan or loans shall bindingly contract that he or she shall 34 |
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238 | 238 | | practice primary care medicine full time in a qualified rural community with 35 |
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239 | 239 | | a medically underserved population upon completion of: 36 HB1545 |
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240 | 240 | | |
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241 | 241 | | 7 3/2/2023 2:37:34 PM TNL064 |
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242 | 242 | | |
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243 | 243 | | |
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244 | 244 | | (i) His or her medical internship of one (1) year 1 |
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245 | 245 | | undertaken immediately following the earning of the degree of Doctor of 2 |
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246 | 246 | | Medicine; 3 |
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247 | 247 | | (ii) Four (4) additional years of medical training 4 |
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248 | 248 | | beyond the internship if the training has been app roved in advance by the 5 |
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249 | 249 | | Arkansas Rural Medically Underserved Population Medical Practice Student Loan 6 |
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250 | 250 | | and Scholarship Board and includes practice experience in a rural community 7 |
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251 | 251 | | with a medically underserved population ; or 8 |
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252 | 252 | | (iii) At the request of the recipient of a rural 9 |
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253 | 253 | | medically underserved population medical practice loan, the Arkansas Rural 10 |
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254 | 254 | | Medically Underserved Population Medical Practice Student Loan and 11 |
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255 | 255 | | Scholarship Board may approve the recipient's request to practic e in more 12 |
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256 | 256 | | than one (1) qualified rural community with a medically underserved 13 |
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257 | 257 | | population to meet his or her obligation to practice full time if the 14 |
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258 | 258 | | Arkansas Rural Medically Underserved Population Medical Practice Student Loan 15 |
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259 | 259 | | and Scholarship Board determin es, based upon guidelines established by the 16 |
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260 | 260 | | Arkansas Rural Medically Underserved Population Medical Practice Student Loan 17 |
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261 | 261 | | and Scholarship Board, that the physician need in the rural communities with 18 |
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262 | 262 | | a medically underserved population cannot sustain a full -time medical 19 |
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263 | 263 | | practice or that other compelling circumstances exist. 20 |
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264 | 264 | | (B) The recipient of a rural medically underserved 21 |
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265 | 265 | | population medical practice loan or loans shall bindingly contract that for 22 |
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266 | 266 | | each year's loan he or she shall practice medicine in ac cordance with 23 |
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267 | 267 | | subdivision (c)(1)(A) of this section for a whole year. 24 |
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268 | 268 | | (C) For each continuous whole year of medical practice, in 25 |
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269 | 269 | | accordance with subdivision (c)(1)(A) of this section, subject to reasonable 26 |
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270 | 270 | | leave periods, including without limitation va cation, sick leave, continuing 27 |
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271 | 271 | | medical education, jury duty, funerals, holidays, or military service, the 28 |
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272 | 272 | | Arkansas Rural Medically Underserved Population Medical Practice Student Loan 29 |
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273 | 273 | | and Scholarship Board shall cancel, by converting to a scholarship grant , the 30 |
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274 | 274 | | full amount of one (1) year's loan plus accrued interest; 31 |
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275 | 275 | | (2)(A) The recipient of a rural medically underserved population 32 |
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276 | 276 | | medical practice loan or loans shall bindingly contract that not engaging in 33 |
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277 | 277 | | the practice of medicine in accordance with the loan contract and with this 34 |
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278 | 278 | | subchapter may result in suspension of his or her license to practice 35 |
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279 | 279 | | medicine in this state. 36 HB1545 |
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280 | 280 | | |
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282 | 282 | | |
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283 | 283 | | |
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284 | 284 | | (B) For any contract entered into after August 1, 2007, 1 |
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285 | 285 | | the recipient's medical license may not be suspended unless the recipient 's 2 |
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286 | 286 | | contract contained a specific term that loss of license was a consequence of 3 |
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287 | 287 | | breach and the recipient signed a written acknowledgment of understanding 4 |
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288 | 288 | | that the suspension of license was explained to him or her orally as a 5 |
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289 | 289 | | potential consequence of breach of the contractual provisions. 6 |
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290 | 290 | | (C) The suspension may be for a period of years equivalent 7 |
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291 | 291 | | to the number of years that the recipient is obligated to practice medicine 8 |
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292 | 292 | | in a rural area community with a medically underserved population but has not 9 |
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293 | 293 | | so practiced and until the loan with interest together with any civil money 10 |
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294 | 294 | | penalties, as reduced by each full year of medical practice according to the 11 |
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295 | 295 | | terms of the loan contract, is paid in full; 12 |
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296 | 296 | | (3) Any communication from the University of Arkansas College of 13 |
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297 | 297 | | Medicine with any state medical licensing board shall include a notation that 14 |
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298 | 298 | | the recipient of a rural medically underserved population medical practice 15 |
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299 | 299 | | loan has a contract with the State of Arkansas to practice medicine in a 16 |
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300 | 300 | | rural community with a medically underserved population and that breach of 17 |
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301 | 301 | | that contract may result in suspension of the recipient's Arkansas medical 18 |
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302 | 302 | | license; 19 |
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303 | 303 | | (4)(A) In the event that any rural medically underserved 20 |
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304 | 304 | | population medical practice loan recipient under this subchapter does not 21 |
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305 | 305 | | engage in the practice of medicine in accordance with the terms of this 22 |
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306 | 306 | | section and of his or her loan contract in order to have the loan contract 23 |
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307 | 307 | | recognized as a scholarship, the recipient shall remain obligated to repay 24 |
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308 | 308 | | the loan or loans receiv ed, together with interest at the maximum rate 25 |
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309 | 309 | | allowed by Arkansas law or the federal discount rate plus five percent (5%) 26 |
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310 | 310 | | per annum, whichever is the lesser, the interest to accrue from the date each 27 |
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311 | 311 | | payment of funds was received by the recipient. 28 |
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312 | 312 | | (B) Neither interest nor the obligation to repay the 29 |
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313 | 313 | | principal sums accrued shall accrue during any one (1) period of time that 30 |
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314 | 314 | | the recipient involuntarily serves on active duty in the United States Armed 31 |
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315 | 315 | | Forces. 32 |
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316 | 316 | | (C) Repayment of principal with interest s hall be due and 33 |
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317 | 317 | | payable in full at the earliest to occur of the following events: 34 |
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318 | 318 | | (i) Failure to remain enrolled in a medically 35 |
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319 | 319 | | underserved and rural practice curriculum; 36 HB1545 |
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320 | 320 | | |
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321 | 321 | | 9 3/2/2023 2:37:34 PM TNL064 |
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322 | 322 | | |
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323 | 323 | | |
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324 | 324 | | (ii) Failure to remain in enrollment status 1 |
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325 | 325 | | continuously to completion of t he degree of Doctor of Medicine for any reason 2 |
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326 | 326 | | other than temporary personal illness; 3 |
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327 | 327 | | (iii) Failure to complete internship; 4 |
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328 | 328 | | (iv)(a) Failure to engage in the full -time practice 5 |
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329 | 329 | | of medicine while residing in a qualified rural community with a medically 6 |
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330 | 330 | | underserved population in Arkansas as defined in § 6 -81-701. 7 |
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331 | 331 | | (b) However, the Arkansas Rural Medically 8 |
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332 | 332 | | Underserved Population Medical Practice Student Loan and Scholarship Board 9 |
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333 | 333 | | may waive the residency requirement on a case -by-case basis; and 10 |
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334 | 334 | | (v) Failure to establish a practice as described 11 |
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335 | 335 | | under subdivision (c)(4)(C)(iv)(a) of this section within six (6) months 12 |
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336 | 336 | | following either internship or four (4) additional years of medical education 13 |
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337 | 337 | | that includes practice experience in a rural community with a medically 14 |
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338 | 338 | | underserved population ; 15 |
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339 | 339 | | (5) If an alternate on the waiting list for acceptance to the 16 |
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340 | 340 | | University of Arkansas College of Medicine enters into a rural medically 17 |
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341 | 341 | | underserved population medical practice program contract conditioned only 18 |
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342 | 342 | | upon the applicant's being accepted for admission to the college and 19 |
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343 | 343 | | otherwise meets the requirements of § 6 -81-706 and if the applicant is moved 20 |
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344 | 344 | | to the top of the waiting list under § 6 -81-718, the alternate's contract 21 |
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345 | 345 | | shall contain an additional term that breach of the contract may result in 22 |
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346 | 346 | | civil money penalties in the amount of one hundred percent (100%) of the loan 23 |
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347 | 347 | | amount; and 24 |
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348 | 348 | | (6) This subsection shall not prohibit the Arkansas Rural 25 |
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349 | 349 | | Medically Underserved Population Medical Practice Student Loan and 26 |
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350 | 350 | | Scholarship Board from considering and entering into a negotiated settlement 27 |
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351 | 351 | | with the rural medically underserved population medical practice loan 28 |
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352 | 352 | | recipient involving the license suspension, the amount of the civil money 29 |
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353 | 353 | | penalty, and the terms of repayment of the loan. 30 |
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354 | 354 | | (d) The Arkansas Rural Medically Underserved Population Medical 31 |
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355 | 355 | | Practice Student Loan and Scholarship Board may amend agreements entered into 32 |
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356 | 356 | | with any loan recipient at any time prior to full performance of the 33 |
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357 | 357 | | recipient's contractual obligations. 34 |
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358 | 358 | | (e)(1) A rural medically underserved population medical practice loan 35 |
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359 | 359 | | recipient may apply to the Dean of the College of Medicine of the University 36 HB1545 |
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360 | 360 | | |
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362 | 362 | | |
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363 | 363 | | |
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364 | 364 | | of Arkansas for Medical Sciences for a waiver of the contractual provisions 1 |
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365 | 365 | | set forth in subdivision (c)(2) of this section. 2 |
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366 | 366 | | (2)(A) If the dean as Chair of the Arkansa s Rural Medically 3 |
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367 | 367 | | Underserved Population Medical Practice Student Loan and Scholarship Board 4 |
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368 | 368 | | determines that exigent circumstances warrant a waiver, the loan recipient 5 |
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369 | 369 | | shall be notified in writing. 6 |
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370 | 370 | | (B) The dean shall immediately notify the Arkansas Sta te 7 |
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371 | 371 | | Medical Board of such determination. 8 |
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372 | 372 | | 9 |
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373 | 373 | | SECTION 7. Arkansas Code § 6 -81-710 is amended to read as follows: 10 |
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374 | 374 | | 6-81-710. Funding of loans. 11 |
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375 | 375 | | (a)(1) All payments for rural medically underserved population 12 |
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376 | 376 | | practice loans and community match loans under this subchapter shall be made 13 |
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377 | 377 | | on requisitions signed by the Chair of the Arkansas Rural Medically 14 |
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378 | 378 | | Underserved Population Medical Practice Student Loan and Scholarship Board 15 |
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379 | 379 | | drawn against the funds held for th e purpose of this subchapter. 16 |
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380 | 380 | | (2) These funds, consisting of state appropriations so 17 |
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381 | 381 | | designated, revolving amounts received from repayment of loans and interest, 18 |
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382 | 382 | | and all funds and property and income therefrom received by the Arkansas 19 |
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383 | 383 | | Rural Medically Underserved Population Medical Practice Student Loan and 20 |
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384 | 384 | | Scholarship Board under its authority to accept and apply gifts, bequests, 21 |
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385 | 385 | | and devises shall be held in trust and disbursed by the fiscal officers of 22 |
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386 | 386 | | the University of Arkansas for Medical Sciences for the aforesaid purposes 23 |
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387 | 387 | | described by this subchapter . 24 |
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388 | 388 | | (b) Funds collected as a result of a recipient's breach of a 25 |
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389 | 389 | | rural medically underserved population practice loan contract or community 26 |
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390 | 390 | | match loan contract shall be held in trust for the use of the A rkansas Rural 27 |
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391 | 391 | | Medically Underserved Population Medical Practice Student Loan and 28 |
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392 | 392 | | Scholarship Program and the Community Match Rural Physician Recruitment 29 |
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393 | 393 | | Program, or as otherwise deemed appropriate by the Arkansas Rural Medical 30 |
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394 | 394 | | Practice Student Loan and Sch olarship Board board in its discretion, and 31 |
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395 | 395 | | disbursed by the fiscal officer of the University of Arkansas for Medical 32 |
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396 | 396 | | Sciences under this subchapter. 33 |
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397 | 397 | | 34 |
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398 | 398 | | SECTION 8. Arkansas Code § 6 -81-711(a), concerning the annual report 35 |
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399 | 399 | | provided by the Arkansas Rural Med ical Practice Student Loan and Scholarship 36 HB1545 |
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400 | 400 | | |
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401 | 401 | | 11 3/2/2023 2:37:34 PM TNL064 |
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402 | 402 | | |
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403 | 403 | | |
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404 | 404 | | Board, is amended to read as follows: 1 |
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405 | 405 | | (a) The Arkansas Rural Medically Underserved Population Medical 2 |
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406 | 406 | | Practice Student Loan and Scholarship Board shall make an annual report to 3 |
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407 | 407 | | the Governor concerning the activi ties of the board and shall file a copy of 4 |
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408 | 408 | | its report with the Legislative Council. 5 |
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409 | 409 | | 6 |
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410 | 410 | | SECTION 9. Arkansas Code § 6 -81-714(a) and (b), concerning dispute 7 |
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411 | 411 | | resolutions under the Arkansas Rural Medical Practice Student Loans and 8 |
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412 | 412 | | Scholarships Program, is amend ed to read as follows: 9 |
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413 | 413 | | (a) Any applicant for a loan or income incentive issued by the 10 |
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414 | 414 | | Arkansas Rural Medically Underserved Population Medical Practice Student Loan 11 |
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415 | 415 | | and Scholarship Board, any person who has been granted a loan or has been 12 |
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416 | 416 | | granted income incentives by the board, or any party to a rural medically 13 |
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417 | 417 | | underserved population medical practice or community match loan or income 14 |
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418 | 418 | | incentive may appeal any decision or action by the board relating to the 15 |
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419 | 419 | | application for a loan or income incentive or relat ing to a loan or income 16 |
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420 | 420 | | incentive granted by the board under the dispute resolution procedure 17 |
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421 | 421 | | established under this subchapter. 18 |
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422 | 422 | | (b)(1) The board, under § 6 -81-702(b)(1), shall promulgate rules 19 |
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423 | 423 | | establishing a procedure that may be used by a loan or incom e incentive 20 |
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424 | 424 | | recipient, the board, or a qualified rural community with a medically 21 |
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425 | 425 | | underserved population to resolve any dispute arising out of or relating to a 22 |
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426 | 426 | | rural medically underserved population practice or community match loan or 23 |
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427 | 427 | | income incentive cont ract, including the validity or interpretation of a 24 |
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428 | 428 | | contract term, contract enforcement or defenses, the occurrence of an event 25 |
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429 | 429 | | of default or breach, loan repayment, the assessment or imposition of 26 |
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430 | 430 | | contract damages or civil money penalties, or other relate d disputes. 27 |
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431 | 431 | | (2) The rules may provide for alternative dispute resolution, 28 |
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432 | 432 | | such as mediation, as appropriate. 29 |
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433 | 433 | | (3) The dispute resolution procedure established by the board 30 |
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434 | 434 | | shall be followed before the initiation of any litigation related to a rural 31 |
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435 | 435 | | medically underserved population practice or community match loan or income 32 |
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436 | 436 | | incentive contract. 33 |
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437 | 437 | | 34 |
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438 | 438 | | SECTION 10. Arkansas Code § 6 -81-715 is amended to read as follows: 35 |
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439 | 439 | | 6-81-715. Medical school graduates — Community match contract — Eligibility. 36 HB1545 |
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440 | 440 | | |
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441 | 441 | | 12 3/2/2023 2:37:34 PM TNL064 |
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442 | 442 | | |
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443 | 443 | | |
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444 | 444 | | (a)(1) The Arkansas Rural Medically Underserved Population Medical 1 |
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445 | 445 | | Practice Student Loan and Scholarship Board shall administer the Community 2 |
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446 | 446 | | Match Rural Physician Recruitment Program. 3 |
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447 | 447 | | (2)(A) Interested rural communities with medically underserved 4 |
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448 | 448 | | populations may apply to the Arkansas Rural Medically Underserved Population 5 |
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449 | 449 | | Medical Practice Student Loan and Scholarship Board to participate in the 6 |
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450 | 450 | | program as a qualified rural community Community Match Rural Physician 7 |
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451 | 451 | | Recruitment Program. 8 |
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452 | 452 | | (B) The Arkansas Rural Medically Underserved Population 9 |
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453 | 453 | | Medical Practice Student Loan and Scholarship Board shall approve a 10 |
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454 | 454 | | designated representative or representatives of the qualified rural selected 11 |
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455 | 455 | | community with a medically underserved population to assist the Arkansas 12 |
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456 | 456 | | Rural Medically Underserved Population Medical Practice Student Loan and 13 |
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457 | 457 | | Scholarship Board in matters relating to any community match contracts 14 |
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458 | 458 | | entered into by the Arkansas Rural Medically Underserved Population Medical 15 |
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459 | 459 | | Practice Student Loan and Scholarship Boar d and the qualified rural community 16 |
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460 | 460 | | with a medically underserved population . 17 |
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461 | 461 | | (b) The Arkansas Rural Medically Underserved Population Medical 18 |
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462 | 462 | | Practice Student Loan and Scholarship Board, in conjunction with a qualified 19 |
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463 | 463 | | rural community with a medically und erserved population, may grant community 20 |
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464 | 464 | | match income incentives to applicants, each incentive being expressly made 21 |
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465 | 465 | | subject to § 6-81-716, if it finds that: 22 |
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466 | 466 | | (1) The applicant is a graduate of: 23 |
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467 | 467 | | (A) The University of Arkansas College of Medicine or an y 24 |
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468 | 468 | | accredited medical school in the United States; or 25 |
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469 | 469 | | (B) A foreign medical school if the applicant: 26 |
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470 | 470 | | (i) Was a resident of Arkansas and citizen of the 27 |
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471 | 471 | | United States prior to enrollment in the foreign medical school; and 28 |
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472 | 472 | | (ii) Has been licensed by the Arkansas State Medical 29 |
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473 | 473 | | Board; 30 |
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474 | 474 | | (2) The applicant satisfies one (1) of the following criteria: 31 |
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475 | 475 | | (A) He or she is enrolled in a residency or other training 32 |
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476 | 476 | | program in an area of primary care medicine; or 33 |
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477 | 477 | | (B) No more than two (2) years before the date of the 34 |
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478 | 478 | | application, he or she completed a residency or other training program in an 35 |
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479 | 479 | | area of primary care medicine; 36 HB1545 |
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480 | 480 | | |
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481 | 481 | | 13 3/2/2023 2:37:34 PM TNL064 |
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482 | 482 | | |
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483 | 483 | | |
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484 | 484 | | (3) The applicant desires to practice medicine in the qualified 1 |
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485 | 485 | | rural community with a medically underserved population ; and 2 |
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486 | 486 | | (4) The designated representative or representatives of the 3 |
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487 | 487 | | qualified rural community with a medically underserved population approve the 4 |
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488 | 488 | | applicant. 5 |
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489 | 489 | | 6 |
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490 | 490 | | SECTION 11. Arkansas Code § 6 -81-716(a), concerning community match 7 |
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491 | 491 | | contracts, is amended to read as follows: 8 |
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492 | 492 | | (a)(1) The Arkansas Rural Medically Underserved Population Medical 9 |
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493 | 493 | | Practice Student Loan and Scholarship Board and a qualified rural community 10 |
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494 | 494 | | with a medically underserved population shall enter a joint community match 11 |
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495 | 495 | | contract with the applican t. 12 |
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496 | 496 | | (2) The form of the community match contract shall be approved 13 |
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497 | 497 | | by the Attorney General and shall be signed by the Chair of the Arkansas 14 |
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498 | 498 | | Rural Medically Underserved Population Medical Practice Student Loan and 15 |
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499 | 499 | | Scholarship Board, the Secretary of the A rkansas Rural Medically Underserved 16 |
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500 | 500 | | Population Medical Practice Student Loan and Scholarship Board, the 17 |
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501 | 501 | | designated representative or representatives of the qualified rural community 18 |
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502 | 502 | | with a medically underserved population , and the applicant. 19 |
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503 | 503 | | 20 |
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504 | 504 | | SECTION 12. Arkansas Code §§ 6-81-718 - 6-81-720 are amended to read 21 |
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505 | 505 | | as follows: 22 |
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506 | 506 | | 6-81-718. Medical school alternates — Rural Medically underserved 23 |
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507 | 507 | | population medical practice loans. 24 |
---|
508 | 508 | | (a)(1) If an alternate on the waiting list for acceptance to the 25 |
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509 | 509 | | College of Medicine of the University of Arkansas for Medical Sciences 26 |
---|
510 | 510 | | demonstrates a willingness to enter into a rural medically underserved 27 |
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511 | 511 | | population medical practice loan contract and meets the requirements of § 6 -28 |
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512 | 512 | | 81-706, the applicant shall be moved to the top of the waiting list upon 29 |
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513 | 513 | | entering into a rural medically underserved population medical practice loan 30 |
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514 | 514 | | contract. 31 |
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515 | 515 | | (2) The priority on the waiting list for those alternates who 32 |
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516 | 516 | | enter into a rural medically underserved population medical practice loan 33 |
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517 | 517 | | contract shall be determined by the date and time such alternate enters into 34 |
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518 | 518 | | the rural medical practice loan contract. 35 |
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519 | 519 | | (b) The college shall meet the requirements set forth at § 6-64-406 36 HB1545 |
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520 | 520 | | |
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521 | 521 | | 14 3/2/2023 2:37:34 PM TNL064 |
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522 | 522 | | |
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523 | 523 | | |
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524 | 524 | | for allocation of enrollment positions for medical students among 1 |
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525 | 525 | | congressional districts before accepting for admission an alternate who has 2 |
---|
526 | 526 | | entered into a rural medically underserved population medical practice loan 3 |
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527 | 527 | | contract with the Arkansas Rural Medically Underserved Population Medical 4 |
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528 | 528 | | Practice Student Loan and Scholarship Boar d. 5 |
---|
529 | 529 | | 6 |
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530 | 530 | | 6-81-719. Tracking loan contract compliance. 7 |
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531 | 531 | | The College of Medicine of the University of Arkansas for Medical 8 |
---|
532 | 532 | | Sciences shall track graduates who were recipients of rural medically 9 |
---|
533 | 533 | | underserved population medical practice loans for the length of thei r 10 |
---|
534 | 534 | | contractual obligations and shall report to the Legislative Council by 11 |
---|
535 | 535 | | October 1 of each even -numbered year regarding the compliance of those 12 |
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536 | 536 | | graduates with the terms of their contracts. 13 |
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537 | 537 | | 14 |
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538 | 538 | | 6-81-720. Rural Arkansas Medically Underserved Population Medical 15 |
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539 | 539 | | Practice Student Loan and Scholarship Program administrator. 16 |
---|
540 | 540 | | (a) There is established a Rural an Arkansas Medically Underserved 17 |
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541 | 541 | | Population Medical Practice Student Loan and Scholarship Program 18 |
---|
542 | 542 | | administrator. 19 |
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543 | 543 | | (b) The administrator shall: 20 |
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544 | 544 | | (1) Be employed by the University of Arkansas for Medical 21 |
---|
545 | 545 | | Sciences; 22 |
---|
546 | 546 | | (2) Serve as liaison between loan recipients and rural 23 |
---|
547 | 547 | | communities with medically underserved populations by: 24 |
---|
548 | 548 | | (A) Working with the communities to identify their unique 25 |
---|
549 | 549 | | needs, to develop profiles of their ideal candidates, and to prepare for 26 |
---|
550 | 550 | | recruitment visits; and 27 |
---|
551 | 551 | | (B) Assisting medical students and residents to identify 28 |
---|
552 | 552 | | medically underserved and other rural communities that suit their personal 29 |
---|
553 | 553 | | and medical practice needs and to meet th eir contractual obligations; 30 |
---|
554 | 554 | | (3) Collect and monitor program data, including demographic data 31 |
---|
555 | 555 | | of participants and communities, service completion rates, retention rates 32 |
---|
556 | 556 | | beyond service completion, satisfaction of obligated physicians and 33 |
---|
557 | 557 | | communities, and other information; 34 |
---|
558 | 558 | | (4) Prepare annual program evaluations and present the 35 |
---|
559 | 559 | | evaluations to the Arkansas Rural Medically Underserved Population Medical 36 HB1545 |
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560 | 560 | | |
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561 | 561 | | 15 3/2/2023 2:37:34 PM TNL064 |
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562 | 562 | | |
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563 | 563 | | |
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564 | 564 | | Practice Student Loan and Scholarship Board; 1 |
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565 | 565 | | (5) Assist with preparation and submission of program r eports; 2 |
---|
566 | 566 | | (6) Attend board meetings in a nonvoting capacity; and 3 |
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567 | 567 | | (7) Perform other functions assigned by the board. 4 |
---|
568 | 568 | | 5 |
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569 | 569 | | SECTION 13. Arkansas Code § 6 -81-722 is repealed. 6 |
---|
570 | 570 | | 6-81-722. Sunset clause. 7 |
---|
571 | 571 | | (a) Loan recipients enrolled in the Community Match Rural Physician 8 |
---|
572 | 572 | | Recruitment Program on or before the day before April 4, 2007, shall not have 9 |
---|
573 | 573 | | their loan contracts impaired by the amendments to the community match 10 |
---|
574 | 574 | | program. 11 |
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575 | 575 | | (b)(1) Subject to the availability of funds, the loan for the academic 12 |
---|
576 | 576 | | year shall be renewable annually for the number of years required to complete 13 |
---|
577 | 577 | | studies leading to the Doctor of Medicine degree or for additional amounts 14 |
---|
578 | 578 | | not to exceed sixteen thousand five hundred dollars ($16,500). 15 |
---|
579 | 579 | | (2) However, all subsequent loans shall be gra nted only upon 16 |
---|
580 | 580 | | application by the recipient and a finding by the Arkansas Rural Medical 17 |
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581 | 581 | | Practice Student Loan and Scholarship Board that the applicant: 18 |
---|
582 | 582 | | (A) Has completed successfully the medical studies of the 19 |
---|
583 | 583 | | preceding academic year and remains in goo d standing as an enrolled student 20 |
---|
584 | 584 | | in the college; 21 |
---|
585 | 585 | | (B) Is enrolled or participating in a medically 22 |
---|
586 | 586 | | underserved and rural practice curriculum; and 23 |
---|
587 | 587 | | (C) Continues to be a resident of Arkansas. 24 |
---|
588 | 588 | | (c) This section expires on August 31, 2014. 25 |
---|
589 | 589 | | 26 |
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590 | 590 | | 27 |
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591 | 591 | | 28 |
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592 | 592 | | 29 |
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593 | 593 | | 30 |
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594 | 594 | | 31 |
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595 | 595 | | 32 |
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596 | 596 | | 33 |
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597 | 597 | | 34 |
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598 | 598 | | 35 |
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599 | 599 | | 36 |
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