Senate Substitute for HOUSE BILL No. 2060
AN ACT concerning education; relating to postsecondary and postgraduate programs;
authorizing payments from the state safety fund to community colleges for the
provision of driver's education; increasing the number of osteopathic medical service
scholarships; including obstetrics and gynecology in the medical student loan act and
medical residency bridging program; increasing the number of loan agreements in the
medical student loan act; establishing the OBGYN medical loan repayment fund and
the OBGYN medical residency bridging fund; authorizing the provision of tools,
supplies and examinations for participants in an AO-K career pathway program;
including high school equivalency credentials in performance-based payments for
postsecondary educational institutions; amending K.S.A. 8-272, 74-3265, 74-3268,
74-32,434, 76-381, 76-382, 76-383, 76-385, 76-386 and 76-387 and K.S.A. 2022
Supp. 74-32,267 and repealing the existing sections; also repealing K.S.A. 76-386a.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-272 is hereby amended to read as follows: 8-
272. (a) Any school district conducting an approved course in driver
training and any student attending a nonpublic school accredited by the
state board of education conducting an approved course in driver
training and any student 19 years of age or under attending a
community college conducting an approved course in driver training
shall be entitled to participate in the state safety fund created by K.S.A.
8-267, and amendments thereto. In August of each year, the
superintendent of each school district and the governing authority of
each nonpublic school and community college shall report to the state
board of education the number of students who have been in attendance
for a complete driver training course conducted by such school district,
nonpublic school or community college during the past school year.
The state board of education shall certify to the director of accounts and
reports the amount due each school district or community college and
each student of a nonpublic school or community college entitled to
payment under this subsection. The director of accounts and reports
shall draw warrants on the state treasurer payable to the treasurer of
each school district or community college and to each student of a
nonpublic school or community college entitled to payment under this
subsection upon vouchers approved by the state board and shall cause
such warrants to be delivered to the respective school districts,
nonpublic schools and community colleges. If the amount appropriated
in any year from the state safety fund is insufficient to pay the full
amount each school district or community college and each student of a
nonpublic school or community college is entitled to receive under this
subsection, then the entire amount appropriated for such year shall be
prorated among all school districts, community colleges and all students
of nonpublic schools and community colleges in proportion to the
amount each school district or community college and each student of a
nonpublic school or community college is entitled to receive. No
moneys in the state safety fund shall be used for any purpose other than
that specified in this subsection or for the support of driver
improvement programs. The state board of education shall prescribe all
forms necessary for reporting in connection with this act. The funds
shall be distributed on or before November 1 each year.
(b) (1) Any school district conducting an approved course in
motorcycle safety as a part of an approved course in driver training, any
student attending a nonpublic school accredited by the state board of
education conducting an approved course in motorcycle safety as a part
of an approved course in driver training or any community college
conducting an approved course in motorcycle safety shall be entitled to
participate in the motorcycle safety fund created by K.S.A. 8-267, and
amendments thereto. The state board of education may establish, by
rules and regulations, standards for the conduct, operation and approval
of courses in motorcycle safety and for the qualifications of instructors
for such courses conducted by a school district or nonpublic accredited
school. Such standards shall not include the requirement that instructors
be licensed by the state board of education. In August of each year, the
superintendent of each school district or the governing authority of
each nonpublic school shall report to the state board of education the
number of students who have been in attendance for a complete course
in motorcycle safety as a part of the driver training course conducted by Senate Substitue for HOUSE BILL No. 2060—page 2
such school district or nonpublic school during the past school year.
The state board of education shall certify to the director of accounts and
reports the amount due each school district and each student of a
nonpublic school entitled to payment under this subsection. The
director of accounts and reports shall draw warrants on the state
treasurer payable to the treasurer of each school district and to each
student of a nonpublic school entitled to payment under this subsection
upon vouchers approved by the state board and shall cause such
warrants to be delivered to the respective school districts and nonpublic
schools. If the amount appropriated in any year from the motorcycle
safety fund shall be insufficient to pay the full amount each school
district and each student of a nonpublic school is entitled to receive
under this subsection, then the entire amount appropriated for such year
shall be prorated among all school districts and all students of
nonpublic schools in proportion to the amount each school district and
each student of a nonpublic school is entitled to receive. No moneys in
the motorcycle safety fund shall be used for any purpose other than that
specified in this subsection or for the support of motorcycle driver
improvement programs. The state board of education shall prescribe all
forms necessary for reporting in connection with this act. The funds
shall be distributed on or before November 1 each year.
(2) Any community college conducting an approved course in
motorcycle safety shall be entitled to participate in the motorcycle
safety fund created by K.S.A. 8-267, and amendments thereto. The
department of revenue may establish, by rules and regulations or by
public declaration of the director of vehicles, standards for the conduct,
operation and approval of courses in motorcycle safety and for the
qualifications of instructors for such courses conducted by a
community college. In August of each year, the chief administrative
officer of each community college shall report to the state board of
regents and the department the number of students who have been in
attendance for a complete course in motorcycle safety as a part of the
driver training course conducted by such community college during the
past school year. The state board of regents shall certify to the director
of accounts and reports the amount due each community college
entitled to payment under this subsection. The director of accounts and
reports shall draw warrants on the state treasurer payable to the
treasurer of each community college entitled to payment under this
subsection upon vouchers approved by the state board of regents and
shall cause such warrants to be delivered to the respective community
colleges. If the amount appropriated in any year from the motorcycle
safety fund shall be insufficient to pay the full amount each community
college is entitled to receive under this subsection, then the entire
amount appropriated for such year shall be prorated among all
community colleges in proportion to the amount each community
college is entitled to receive. No moneys in the motorcycle safety fund
shall be used for any purpose other than that specified in this subsection
or for the support of motorcycle driver improvement programs or
department administration. The department, in consultation with the
state board of regents, shall prescribe all forms necessary for reporting
in connection with this act. The funds shall be distributed on or before
November 1 each year.
(c) (1) As used in this subsection, "institution" means a technical
school affiliated with a public university in this state, a technical
college or community college.
(2) Any institution conducting an approved course in truck driving
shall be entitled to participate in the truck driver training fund created
by K.S.A. 8-267, and amendments thereto. The department may
establish, by rules and regulations or by public declaration of the
director of vehicles, standards for the conduct, operation and approval
of courses in truck driver training and for the qualifications of
instructors for such courses. Such standards shall not include the
requirement that instructors be certificated by the state board of regents.
Courses in truck driver training for an interstate commercial class Senate Substitue for HOUSE BILL No. 2060—page 3
license shall also comply with the Kansas uniform commercial drivers'
license act. In August of each year, the chief administrative officer of
each participating institution shall report to the state board of regents
and the department the number of students who have been in
attendance for a complete course in truck driver training conducted by
such institution during the past school year. The state board of regents
shall certify to the director of accounts and reports the amount due each
institution entitled to payment under this subsection. The director of
accounts and reports shall draw warrants on the state treasurer payable
to the treasurer of each institution entitled to payment under this
subsection upon vouchers approved by the state board of regents and
shall cause such warrants to be delivered to the respective institution. If
the amount appropriated in any year from the truck driver training fund
shall be insufficient to pay the full amount each institution is entitled to
receive under this subsection, then the entire amount appropriated for
such year shall be prorated among all participating institutions in
proportion to the amount each institution is entitled to receive. No
moneys in the truck driver training fund shall be used for any purpose
other than that specified in this subsection or for the support of truck
driver training programs and department administration. The
department, in consultation with the state board of regents, shall
prescribe all forms necessary for reporting in connection with this act.
The funds shall be distributed on or before November 1 each year.
Sec. 2. On and after July 1, 2023, K.S.A. 74-3265 is hereby
amended to read as follows: 74-3265. (a) Within the limits of
appropriations for osteopathic medical service scholarships, and in
accordance with the provisions of this section, the state board of
regents may award such scholarships to Kansas residents who are
undergraduate students enrolled in or admitted to accredited or pre-
accredited schools of osteopathic medicine in a course of instruction
leading to the degree of doctor of osteopathy and who enter into a
written agreement with the state board of regents as provided in K.S.A.
74-3266, and amendments thereto.
(b) Osteopathic medical service scholarships shall be in effect for
the period of time specified in subsection (c) and shall provide to the
person receiving the scholarship the payment of an amount not to
exceed the maximum amount of a loan authorized to be made under the
medical student loan act.
(c) Osteopathic medical service scholarships shall be awarded on
an annual basis and shall be in effect for one year unless otherwise
terminated before the expiration of such period of time. A Kansas
resident who is an undergraduate student enrolled in or admitted to an
accredited or pre-accredited school of osteopathic medicine in a course
of instruction leading to the degree of doctor of osteopathy may be
awarded a scholarship for each year the student enters into a written
agreement with the state board of regents as provided in K.S.A. 74-
3266, and amendments thereto, up to a maximum of four years. For
each year a student is awarded a scholarship, the student shall engage in
the practice of medicine and surgery in Kansas for the period of time
specified in subsection (a)(3) of K.S.A. 74-3266(a)(3), and
amendments thereto, unless such obligation is otherwise satisfied as
provided in K.S.A. 74-3268, and amendments thereto.
(d) The state board of regents shall not award more than 15 25
osteopathic medical service scholarships in any year to persons who
have not previously been awarded such a scholarship and, in any case,
the state board shall not award more than 60 80 such scholarships in
any year. In selecting Kansas residents to be awarded osteopathic
medical service scholarships, the state board shall give primary
consideration to students commencing their first year of instruction at
accredited or pre-accredited schools of osteopathic medicine and
thereafter shall consider students in later years of instruction.
Sec. 3. On and after July 1, 2023, K.S.A. 74-3268 is hereby
amended to read as follows: 74-3268. (a) An obligation to engage in the
practice of medicine and surgery in accordance with an agreement Senate Substitue for HOUSE BILL No. 2060—page 4
under K.S.A. 74-3266, and amendments thereto, shall be postponed
during any period of time: (1) During any Of required period of active
military service; (2) during any period of service as a part of volunteers
in service to America (VISTA); (3) during any period of service in the
peace corps; (4) during any period of service commitment to the United
States public health service; (5) during any period of religious
missionary work conducted by an organization exempt from tax under
section 501(c)(3) of the federal internal revenue code as in effect on
December 31, 2000; (6) during any period of time the person obligated
is engaged solely in the teaching of medicine; (7) during any period of
time the person obligated is engaged solely in medical research; (8)
during any period of time the person obligated is unable because of
temporary medical disability to practice medicine and surgery; (9)
during any period of time the person obligated is on job-protected leave
under the federal family and medical leave act of 1993; or (10) during
any period of time the state board of regents determines that the person
obligated is unable because of special circumstances to practice
medicine and surgery; or (11) not longer than one year during which
the person participates in a healthcare-related fellowship program.
(b) Except for clauses subsection (a)(8), (9) and (10), an
obligation to engage in the practice of medicine and surgery in
accordance with an agreement under K.S.A. 74-3266, and amendments
thereto, shall not be postponed more than five years from the time the
practice of medicine and surgery was to have been commenced under
any such agreement. An obligation to engage in the practice of
medicine and surgery in accordance with an agreement under K.S.A.
74-3266, and amendments thereto, shall be postponed under clause
subsection (a)(8) during the period of time the medical disability exists.
An obligation to engage in the practice of medicine and surgery in
accordance with an agreement under K.S.A. 74-3266, and amendments
thereto, shall be postponed under clause subsection (a)(9) during the
period of time the person obligated remains on FMLA leave. An
obligation to engage in the practice of medicine and surgery in
accordance with an agreement under K.S.A. 74-3266, and amendments
thereto, shall be postponed under clause subsection (a)(10) during the
period of time the state board of regents determines that the special
circumstances exist. The state board of regents shall adopt rules and
regulations prescribing criteria or guidelines for determination of the
existence of special circumstances causing an inability to practice
medicine and surgery, and shall determine the documentation required
to prove the existence of such circumstances.
(b)(c) An obligation to engage in the practice of medicine and
surgery in accordance with an agreement under K.S.A. 74-3266, and
amendments thereto, shall be satisfied: (1) If the obligation to engage in
the practice of medicine and surgery has been completed in accordance
with the agreement; (2) if the person obligated dies; (3) if, because of
permanent physical disability, the person obligated is unable to practice
medicine and surgery; (4) if the person obligated fails to satisfy the
requirements for a degree of doctor of osteopathy after making the best
effort possible to obtain such degree; or (5) if the person obligated fails
to satisfy all requirements for a permanent license to practice medicine
and surgery in Kansas or any other jurisdiction or has been denied a
license after the person has applied for a license and has made the best
effort possible to obtain a license.
Sec. 4. On and after July 1, 2023, K.S.A. 2022 Supp. 74-32,267 is
hereby amended to read as follows: 74-32,267. (a) There is hereby
established the AO-K to work program. The provisions of this program
shall apply to all adult education programs in the state.
(b) As used in this section:
(1) "AO-K" or "accelerating opportunity: Kansas" means a career
pathways program model that assists students in obtaining a high
school equivalency, becoming ready for transferable college-level
courses and earning an industry credential.
(2) "Career readiness assessment" means an assessment approved Senate Substitue for HOUSE BILL No. 2060—page 5
by the state board of regents to measure foundational skills required for
success in the workplace and workplace skills that affect job
performance.
(3) "Career readiness certificate" means a certificate that uses a
career readiness assessment approved by the state board of regents to
document an individual's skills in applied math, graphic literacy and
workplace documents.
(4) "Community college" means a community college as defined
in K.S.A. 71-701, and amendments thereto.
(5) "Industry recognized credential" means a credential recognized
by multiple employers across an industry as determined by the state
board of regents.
(6) "Kansas adult education program" means any educational
institution or approved agency that receives adult education funding
through the state board of regents; provides adult education or English
language acquisition programs; serves Kansas adults aged 16 and over
who are in need of basic skills for the workforce, community
participation and family life; and prepares adults for achieving industry
recognized credentials and college certificates and degrees.
(7) "Qualified student" means an individual who has:
(A) Attained the age of 21 years;
(B) not been awarded a high school diploma;
(C) been accepted into a Kansas adult education program;
(D) demonstrated high school equivalency by meeting the criteria
established by the state board of regents pursuant to this section; and
(E) declared an AO-K career pathway interest.
(8) "Technical college" means a technical college as such term is
defined in K.S.A. 71-1802, and amendments thereto.
(c) (1) The state board of regents shall award a Kansas high school
equivalency credential to any qualified student who:
(A)(1) Is recommended and approved to participate in a AO-K
career pathway approved by the state board of regents for college
credit;
(B)(2) successfully completes an approved AO-K career pathway
and receives the industry-recognized credential appropriate to the
completed pathway;
(C)(3) takes a career readiness assessment and earns a career
readiness certificate at a level approved by the state board of regents;
and
(D)(4) satisfies any other requirements deemed necessary by the
state board of regents.
(d) (1) While participating in the AO-K to work program,
qualified students shall be provided reasonable access to all available
student resources of the adult education program, the participating
technical or community college and the appropriate community
partners, including, but not limited to, appropriate academic support,
barrier mitigation and, employment or career assistance, books, tools
and personal materials required to participate in an AO-K career
pathway program and industry examinations.
(2) Subject to appropriations, financial assistance for books,
tools, personal materials and industry examinations shall be the
aggregate amount of the cost of books, tools, personal materials and
industry examinations for the career pathway program at the technical
college or community college where such student is enrolled and
receiving assistance minus the aggregate amount of all other aid
awarded to such student. The amount of financial assistance provided
for each student shall not exceed $500.
(e) Each application to the state board of regents for issuance or
duplication of a Kansas high school equivalency credential shall be
accompanied by a fee, which shall be established by the state board of
regents in an amount of not more than $25. On or before June 1 of each
year, the state board of regents shall determine the amount of revenue
that will be required to properly administer the provisions of this
section during the next ensuing fiscal year and shall establish the Senate Substitue for HOUSE BILL No. 2060—page 6
Kansas high school equivalency credentials processing fee for such
year in the amount deemed necessary for such purposes. Such fee shall
become effective on the succeeding July 1 of each year. The state board
of regents shall remit all moneys received by or for it from Kansas high
school equivalency credentials processing fees to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the
Kansas high school equivalency credential processing fees fund, which
fund is hereby established in the state treasury, and shall be used only
for the payment of expenses connected with the processing, issuance,
or duplication of Kansas high school equivalency credentials, and for
the keeping of records by the state board of regents. All expenditures
from the Kansas high school equivalency credential processing fees
fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers
approved by the state board of regents or by a person or persons
designated by the state board.
(f) The state board of regents may adopt rules and regulations to
implement and administer the provisions of this act.
Sec. 5. On and after July 1, 2023, K.S.A. 74-32,434 is hereby
amended to read as follows: 74-32,434. (a) (1) Any eligible
postsecondary educational institution may certify to the board of
regents:
(A) The number of individuals who received a general educational
development (GED) or high school equivalency (HSE) credential from
such institution while enrolled in an eligible career technical education
program;
(B) the number of individuals who received a career technical
education credential from such institution; and
(C) the number of individuals who were enrolled in an eligible
career technical education program at such institution and who are
pursuing a general educational development (GED) or high school
equivalency (HSE) credential.
(2) Certifications submitted pursuant to this subsection shall be
submitted in such form and manner as prescribed by the board of
regents, and shall include such other information as required by the
board of regents.
(b) Each fiscal year, upon receipt of a certification submitted
under subsection (a), the board of regents shall authorize payment to
such eligible postsecondary educational institution from the
postsecondary education performance-based incentives fund. The
amount of any such payment shall be calculated based on the
following:
(1) For each individual who has received a general educational
development (GED) or high school equivalency (HSE) credential,
$500;
(2) for each individual who has received a career technical
education credential, $1,000; and
(3) for each individual enrolled in an eligible career technical
education program who is pursuing a general educational development
(GED) or high school equivalency (HSE) credential, $170.
(c) That portion of any payment from the postsecondary education
performance-based incentives fund that is made based on subsection
(b)(2) shall be expended for scholarships for individuals enrolled in an
eligible career technical education program and operating costs of
eligible career technical education programs. Each eligible
postsecondary educational institution shall prepare and submit a report
to the board of regents which shall include that includes the number of
individuals who received scholarships, the aggregate amount of
moneys expended for such scholarships and the number of those
individuals who received a scholarship that also received a career
technical education credential.
(d) (1) Of that portion of any payment from the postsecondary Senate Substitue for HOUSE BILL No. 2060—page 7
education performance-based incentives fund that is made based on
subsection (b)(3), an amount equal to $150 for each individual shall be
expended by the eligible postsecondary educational institution for the
general educational development (GED) test.
(2) If any individual enrolled in an eligible career technical
education program for which an eligible postsecondary educational
institution has received a payment under this section fails to take the
general educational development (GED) test, then such institution shall
notify the board of regents in writing that no such test was administered
to the individual. For each such notification received, the board of
regents shall deduct an amount equal to $150 from such institution's
subsequent incentive payment.
(e) All payments authorized by the board of regents pursuant to
this section shall be subject to the limits of appropriations made for
such purposes. If there are insufficient appropriations for the board of
regents to authorize payments in accordance with the amounts set forth
in subsection (b), the board of regents shall prorate such amounts in
accordance with appropriations made therefor.
(f) There is hereby created the postsecondary education
performance-based incentives fund. Expenditures from the
postsecondary education performance-based incentives fund shall be
for the sole purpose of paying payments to eligible postsecondary
educational institutions as authorized by the board of regents. All
expenditures from the postsecondary education performance-based
incentives fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the president of the board of regents, or the
president's designee.
(g) As used in this section:
(1) "Board of regents" means the state board of regents provided
for in the constitution of this state and established by K.S.A. 74-3202a,
and amendments thereto.
(2) "Career technical education credential" means any industry-
recognized technical certification or credential, other than a general
educational development (GED) or high school equivalency (HSE)
credential, or any technical certification or credential authorized by a
state agency.
(3) "Eligible career technical education program" means a
program operated by one or more eligible postsecondary educational
institutions that is identified by the board of regents as a program that
allows an enrollee to obtain a general educational development (GED)
or high school equivalency (HSE) credential while pursuing a career
technical education credential.
(4) "Eligible postsecondary educational institution" means any
community college, technical college or the institute of technology at
Washburn university.
(5) "State agency" means any state office, department, board,
commission, institution, bureau or any other state authority.
Sec. 6. On and after July 1, 2023, K.S.A. 76-381 is hereby
amended to read as follows: 76-381. As used in K.S.A. 76-380 through
76-386, and amendments thereto:
(a) "Act" means the medical student loan act;
(b) "approved postgraduate residency training program" means a
residency training program in general pediatrics, general internal
medicine, family medicine, family practice, emergency medicine,
obstetrics and gynecology, general psychiatry, child psychiatry or
fellowship training in geriatric medicine;
(c) "service commitment area" means: (1) Any community within
any county in Kansas other than Douglas, Johnson, Sedgwick, Shawnee
or Wyandotte county; (2) any state medical care facility or institution;
(3) any medical center operated by the veterans administration of the
United States; (4) the full-time faculty of the university of Kansas
school of medicine in family medicine, family practice, general
psychiatry or child psychiatry if serving as full-time faculty as provided Senate Substitue for HOUSE BILL No. 2060—page 8
in K.S.A. 76-384(c), and amendments thereto; or (5) any community
within Wyandotte county for purposes of any practice obligation under
an agreement entered into by a person who is enrolled for the first time
after July 1, 2004, in a course of study leading to the medical degree;
and
(d) "state medical care facility or institution" includes, but is not
limited to, the Kansas state school for the visually handicapped blind,
the Kansas state school for the deaf, any institution under the secretary
for aging and disability services, as defined by in K.S.A. 76-12a01, and
amendments thereto, any institution under the commissioner of juvenile
justice as defined by in K.S.A. 38-2302, and amendments thereto, the
Kansas soldiers' home, the Kansas veterans' home and any correctional
institution under the secretary of corrections, as defined by in K.S.A.
75-5202, and amendments thereto, but shall not include any state
educational institution under the state board of regents, as defined by in
K.S.A. 76-711, and amendments thereto, except as specifically
provided by statute.
Sec. 7. On and after July 1, 2023, K.S.A. 76-382 is hereby
amended to read as follows: 76-382. (a) There is hereby established the
medical student loan program at the university of Kansas school of
medicine.
(b) Subject to the provisions of appropriation acts, the university
of Kansas school of medicine may make medical student loans in
accordance with the provisions of this the medical student loan act to
undergraduate students enrolled in or admitted to the university of
Kansas school of medicine in a course of instruction leading to the
degree of doctor of medicine who enter into a written medical student
loan agreement with the university of Kansas school of medicine in
accordance with K.S.A. 76-383, and amendments thereto.
(c) Each medical student loan agreement under this the medical
student loan act shall provide to the person receiving the loan the
payment of all tuition and a stipend for living expenses in an amount of
up to $2,000 per month for each month enrolled in such school during a
year. Subject to the maximum amount, the amount of the monthly
stipend shall be determined on an annual basis by the student receiving
the loan.
(d) Subject to the provisions of appropriation acts, medical student
loan agreements under this the medical student loan act may be entered
into on an annual basis and shall provide the payment of the amounts
specified under subsection (c) for one year unless otherwise terminated
before such period of time. Subject to the provisions of appropriation
acts, an undergraduate student enrolled in or admitted to the university
of Kansas school of medicine in a course of instruction leading to the
degree of doctor of medicine may receive a separate loan under this the
medical student loan act for each separate year the student enters into a
written medical student loan agreement with the university of Kansas
school of medicine in accordance with K.S.A. 76-383, and amendments
thereto. Loans may be awarded retroactively for any academic year that
a student has completed successfully at the university of Kansas
medical school, but for which a loan had not previously been awarded.
Retroactive loans shall be in an amount equal to the amount of tuition
paid by the student, plus a stipend in an amount not to exceed the
maximum amount of the stipend for such academic year multiplied by
the number of months for which the student was enrolled at the medical
school during such year. For each separate year a student receives a
loan under this the medical student loan act, the student shall engage in
the full-time practice of medicine and surgery in an appropriate service
commitment area for a period of 12 months unless such obligation is
otherwise satisfied as provided in K.S.A. 76-386, and amendments
thereto.
(e) Medical student loans shall be awarded on a priority basis as
follows,: First, to qualified applicants who are Kansas residents at the
time of entry into the university of Kansas school of medicine,; and
second, to qualified applicants who are not Kansas residents at the time Senate Substitue for HOUSE BILL No. 2060—page 9
of entry into the university of Kansas school of medicine. As used in
this subsection, "Kansas residents" means persons who meet the
residence requirements established in K.S.A. 76-729, and amendments
thereto.
(f) Subject to appropriations, the university of Kansas school of
medicine shall enter into medical student loan agreements with six up
to 12 individuals who commit to satisfy obligations to engage in the
full-time practice of medicine and surgery in a service commitment
area by:
(1) Serving as a full-time faculty member of the university of
Kansas school of medicine in general psychiatry or child psychiatry
pursuant to K.S.A. 76-384(c), and amendments thereto; or
(2) performing at least 100 hours per month of on-site mental
health care healthcare pursuant to K.S.A. 76-384(d), and amendments
thereto.
(g) For any student who has entered into a medical student loan
agreement pursuant to the medical student loan act, the university of
Kansas school of medicine shall not prohibit or otherwise create any
substantial impediment to such student switching between approved
postgraduate residency training programs.
Sec. 8. On and after July 1, 2023, K.S.A. 76-383 is hereby
amended to read as follows: 76-383. A medical student loan agreement
entered into by the university of Kansas school of medicine and an
undergraduate student enrolled in or admitted to the university of
Kansas school of medicine in a course of instruction leading to the
degree of doctor of medicine for the purpose of receiving a medical
student loan under this act shall require that the person receiving the
loan:
(a) Complete the required course of instruction and receive the
degree of doctor of medicine and apply for, enter and complete an
approved postgraduate residency training program;
(b) apply for and obtain a license to practice medicine and surgery
in Kansas;
(c) except as otherwise provided in K.S.A. 76-384, and
amendments thereto, engage in the full-time practice of medicine and
surgery for a period of 12 months within a service commitment area,
except as otherwise provided in K.S.A. 76-384(c), and amendments
thereto, for service as a full-time faculty member of the university of
Kansas school of medicine in family medicine, family practice, general
psychiatry or child psychiatry;
(d) commence such full-time practice of medicine and surgery
within nine months after completion of an approved postgraduate
residency training program and licensure in a service commitment area
and continue such full-time practice in such service commitment area
for a consecutive period of months equal to the total number of months
required under the agreement;
(e) agree that the service commitment for each agreement entered
into under this act is in addition to the service commitment contained in
any other agreement which that has been or may be entered into under
this act for the purpose of obtaining a medical student loan or under
other agreements for the purpose of obtaining scholarship aid;
(f) maintain records and make reports to the university of Kansas
school of medicine to document the satisfaction of the obligation under
such agreement to engage in the full-time practice of medicine and
surgery within a service commitment area and to continue such full-
time practice in such service commitment area for a consecutive period
of months equal to the total number of months required under the
agreement; and
(g) upon failure to satisfy an agreement to engage in the full-time
practice of medicine and surgery within a service commitment area for
the required period of time under any such agreement, the person
receiving a medical student loan under this act shall repay amounts to
the university of Kansas school of medicine as provided in K.S.A. 76-
385, and amendments thereto. Senate Substitue for HOUSE BILL No. 2060—page 10
Sec. 9. On and after July 1, 2023, K.S.A. 76-385 is hereby
amended to read as follows: 76-385. (a) (1) Except as otherwise
provided in paragraphs (2), (3), (4) and (5) through (6) or in K.S.A. 76-
386, and amendments thereto, upon the failure of any person to satisfy
the obligation to engage in the full-time practice of medicine and
surgery within a service commitment area of this state for the required
period of time under any medical student loan agreement entered into
under this act, such person shall repay to the university of Kansas
school of medicine in accordance with subsection (b) an amount equal
to the total of: (A) The amount of money received by such person
pursuant to such agreement, or the amount of money determined under
rules and regulations of the university of Kansas; plus (B) annual
interest at a rate of 15% from the date such money was received.
(2) Any person who fails to apply for and enter an approved
postgraduate residency training program shall be required to repay all
moneys received pursuant to an agreement entered into for any such
medical student loan, plus accumulated interest at an annual rate of
15% and shall commence such repayment in accordance with
subsection (b) within 90 days of graduation from the school of
medicine or upon termination or completion of a residency training
program which that does not comply with the provisions of this act,
whichever is later.
(3) If at any time a person is failing to satisfy an obligation to
engage in the full-time practice of medicine and surgery in Kansas for
the required period of time under an agreement entered into under this
act because such person is engaged in the full-time practice of medicine
and surgery in a state other than Kansas, or within Kansas in an area
that is not a service commitment area or in the practice of medicine and
surgery which does not otherwise comply with the agreement entered
into under this act, and if such person is subject to or currently making
repayments under this section and if such person subsequently
commences the practice of medicine and surgery in this state which is
in a service commitment area or which otherwise complies with the
agreement entered into under this act, the balance of the repayment
amount, including interest thereon, from the time of such
commencement of practice until the obligation of such person is
satisfied, or until the time such person again becomes subject to
repayments, shall be waived. All repayment amounts due prior to such
commencement of practice, including interest thereon, shall continue to
be payable as provided in this section. If subsequent to such
commencement of practice, the person fails to satisfy such obligation,
the person again shall be subject to repayments, including interest
thereon, as otherwise provided in this section.
(4) If, during the time a person is satisfying the service
requirement of an agreement entered into under this act, such person
desires to engage in less than the full-time practice of medicine and
surgery within a service commitment area of the state and remain in
satisfaction of such service requirement, such person may make
application to the chancellor of the university of Kansas or the designee
of the chancellor for permission to engage in less than such full-time
practice of medicine and surgery. Upon a finding of exceptional
circumstances made by the chancellor of the university of Kansas, or
the designee of the chancellor, such person may be authorized to
engage in less than the full-time practice of medicine and surgery
within a service commitment area of the state for the remaining
required period of time under such agreement and for an additional
period of time which shall be equal to the length of the originally
required period of time multiplied by the decimal fraction which is
equal to the reduction of the full-time practice of medicine and surgery
to be authorized hereunder, multiplied by two. In any such
determination of the period required to be engaged in the less than full-
time practice of medicine and surgery, the decimal fraction utilized
shall not exceed 0.5 and any person granted permission to engage in
less than the full-time practice of medicine and surgery in accordance Senate Substitue for HOUSE BILL No. 2060—page 11
with the provisions of this paragraph shall be required to engage in at
least the half-time practice of medicine and surgery.
(5) Any person who enters but fails to complete an approved
postgraduate residency training program, or who enters and completes
an approved postgraduate residency training program but fails to satisfy
the obligation to engage in the full-time practice of medicine and
surgery within a service commitment area of this state for the required
period of time shall be required to repay all money received pursuant to
an agreement entered into under this act a for any such medical student
loan, plus accumulated interest at an annual rate of 15%, and shall
commence such repayment in accordance with subsection (b) within 90
days of failure to complete an approved postgraduate residency training
program or 90 days of failure to commence qualifying practice,
whichever occurs first. Any person who fails to satisfy the obligation to
engage in the full-time practice of medicine and surgery in accordance
with this section due to active military service of such person or such
person's spouse shall not be required to pay the 15% annual interest
rate on any moneys received under such agreement.
(6) For any person who entered and completed an approved
postgraduate residency training program in obstetrics and gynecology,
if during the time such person is satisfying the service requirement of
an agreement entered into pursuant to this act, such person is
employed by, provides services at or establishes any clinic or facility as
such terms are defined in K.S.A. 65-4a01, and amendments thereto, or
performs or induces, or attempts to perform or induce, an abortion,
except in the case of a medical emergency as defined in K.S.A. 65-
6701, and amendments thereto, or in the case of a pregnancy resulting
from rape or incest, such person shall be deemed to have failed to
complete such person's service requirement and shall be required to
repay all money received pursuant to an agreement entered into under
this act for any such medical student loan, plus accumulated interest at
an annual rate of 15%, and shall commence such repayment in
accordance with subsection (b).
(b) For any repayment requirement under this section, the person
shall repay an amount totaling the entire amount to be repaid under all
such agreements for which such obligations are not satisfied, including
all amounts of interest at the rate prescribed. The repayment shall be
made in not more than 10 equal annual installment payments.
(c) All installment payments under this section shall commence
six months after the date of the action or circumstance that causes the
failure of the person to satisfy the obligations of such agreements, as
determined by the university of Kansas school of medicine based upon
the circumstances of each individual case. In all cases, if an installment
payment becomes 91 days overdue, the entire amount outstanding shall
become immediately due and payable, including all amounts of interest
at the rate prescribed.
(d) The total repayment obligation imposed under all agreements
entered into under this act may be satisfied by the person who entered
into the agreements at any time prior to graduation from the university
of Kansas school of medicine by making a single lump-sum payment
equal to the total of: (1) The entire amount to be repaid under all such
agreements upon failure to satisfy the obligations under such
agreements to practice in Kansas; plus (2) all amounts of interest
thereon at the rate prescribed to the date of payment.
(e) The university of Kansas school of medicine shall remit all
moneys received under this section to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of each such remittance, the state treasurer shall deposit the
entire amount in the state treasury to the credit of the medical loan
repayment fund.
(f) There is hereby created in the state treasury the medical loan
repayment fund. All expenditures from the medical loan repayment
fund shall be for medical student loans under the medical student loan
act and for the expenses of administration of the medical student loan Senate Substitue for HOUSE BILL No. 2060—page 12
act and shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the chancellor of the university of Kansas or by a
person designated by the chancellor, except that expenditures shall not
be made from the medical loan repayment fund for medical student
loans for medical students who intend to enter and complete an
approved postgraduate residency training program in obstetrics and
gynecology, general psychiatry or child psychiatry. On the effective
date of this act, the director of accounts and reports shall transfer all
moneys in the medical scholarship and loan repayment fund to the
medical loan repayment fund. On the effective date of this act, all
liabilities of the medical scholarship and loan repayment fund are
hereby imposed on the medical loan repayment fund and the medical
scholarship and loan repayment fund is hereby abolished. Whenever
the medical scholarship and loan repayment fund, or words of like
effect, is referred to or designated by any statute, contract or other
document, such reference or designation shall be deemed to apply to
the medical loan repayment fund.
(g) There is hereby established in the state treasury the psychiatry
medical loan repayment fund. All moneys credited to the psychiatry
medical loan repayment fund shall be expended only for medical
student loans for general psychiatry or child psychiatry students under
the medical student loan act and for the expenses of administration of
the medical student loan act associated with such students. All
expenditures from the psychiatry medical loan repayment fund shall be
made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by the chancellor of the university of Kansas or the chancellor's
designee.
(h) There is hereby established in the state treasury the OBGYN
medical loan repayment fund. All moneys credited to the OBGYN
medical loan repayment fund shall be expended only for medical
student loans for medical students who intend to enter and complete an
approved postgraduate residency training program in obstetrics and
gynecology under the medical student loan act and for the expenses of
administration of the medical student loan act associated with such
students. All expenditures from the OBGYN medical loan repayment
fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the chancellor of the university of Kansas or the
chancellor's designee.
(i) Notwithstanding any other provision of law to the contrary, no
moneys shall be transferred from the comprehensive grant program
account of the state board of regents to the medical loan repayment
fund, the OBGYN medical loan repayment fund or the psychiatry
medical loan repayment fund or expended for any purposes related
thereto.
Sec. 10. On and after July 1, 2023, K.S.A. 76-386 is hereby
amended to read as follows: 76-386. (a) An obligation to engage in the
practice of medicine and surgery in accordance with an agreement
under this act shall be postponed during any period of time for: (1)
During any Required period of active military service of the person
obligated or such person's spouse; (2) during any period of service as a
part of volunteers in service to America (VISTA); (3) during any period
of service in the peace corps; (4) during any period of service
commitment to the United States public health service; (5) during any
period of religious missionary work conducted by an organization
exempt from tax under subsection (c) of section 501 of the federal
internal revenue code of 1986; or (6) during any period of temporary
medical disability during which the person obligated is unable because
of such medical disability to practice medicine and surgery; or (7) not
more than one year during which the person participates in a
healthcare-related fellowship program.
(b) Except for clause (6) of this subsection (a)(6), an obligation to Senate Substitue for HOUSE BILL No. 2060—page 13
engage in the practice of medicine and surgery in accordance with an
agreement under this act shall not be postponed more than five years
from the time the practice of medicine and surgery was to have been
commenced under any such agreement. An obligation to engage in the
practice of medicine and surgery in accordance with an agreement
under this act shall be postponed under clause (6) of this subsection (a)
(6) during the period of time the medical disability exists.
(b)(c) An obligation to engage in the practice of medicine and
surgery in accordance with an agreement under this act shall be
satisfied: (1) If the obligation to engage in the practice of medicine and
surgery in accordance with an agreement under this act has been
completed,; (2) if the person obligated dies,; or (3) if, because of
permanent physical disability, the person obligated is unable to practice
medicine and surgery.
Sec. 11. On and after July 1, 2023, K.S.A. 76-387 is hereby
amended to read as follows: 76-387. (a) (1) There is hereby established
the Kansas medical residency bridging program at the university of
Kansas school of medicine, which shall be developed and implemented
in order to provide encouragement, opportunities and incentives for
persons in primary care or mental health care to:
(A) Enter and complete medical residency training programs in
general pediatrics, general internal medicine, family medicine, family
practice, obstetrics and gynecology, general psychiatry or child
psychiatry that are operated by or affiliated with the university of
Kansas school of medicine or other such primary care or mental health
care medical residency training program that is operated in Kansas and
approved by the state board of healing arts; and a person under
subsection (i) to
(B) locate their medical practice in rural Kansas communities
upon completion of such residency training.
(2) The Kansas medical residency bridging program shall be
administered by the institute for rural health care of the university of
Kansas school of medicine.
(b) Subject to the provisions of appropriation acts, the university
of Kansas school of medicine may enter into residency bridging loan
agreements, in accordance with the provisions of this section: (A) with
any person who has completed the first year of a primary care or
mental health care medical residency training program in general
pediatrics, general internal medicine, family medicine, family practice,
obstetrics and gynecology, general psychiatry or child psychiatry that is
operated by or affiliated with the university of Kansas school of
medicine or other such primary care or mental health care medical
residency training program that is operated in Kansas and approved by
the state board of healing arts; and (B) with a person under subsection
(i).
(c) Subject to the provisions of appropriation acts, each person
entering into a residency bridging loan agreement under this section
shall receive a payment of $5,000 each year of primary care or mental
health care medical residency training, or any part of a year of such
training, after the date that the residency bridging loan agreement is
entered into by the resident and the university of Kansas school of
medicine and, upon completion of the primary care or mental health
care medical residency training program, a payment of $6,000.
(d) Each residency bridging loan agreement shall require that the
person receiving the loan:
(1) Complete the primary care or mental health care medical
residency training program;
(2) engage in the full-time practice of medicine and surgery in any
county in Kansas other than Douglas, Johnson, Sedgwick, Shawnee or
Wyandotte for three years under a practice commitment agreement;
(3) commence such full-time practice of medicine and surgery
within 90 days after completing the primary care or mental health care
medical residency training program; and
(4) upon failure to satisfy the obligation to engage in the full-time Senate Substitue for HOUSE BILL No. 2060—page 14
practice of medicine and surgery in accordance with the provisions of
the residency bridging loan agreement and this section, the person
receiving the loan under this section shall repay to the university of
Kansas school of medicine, within 90 days of such failure, the amount
equal to the amount of money moneys received by such person from the
university of Kansas school of medicine, less credits earned, under such
agreement plus interest at the annual rate of 15% from the date such
money was moneys were received. Any person who fails to satisfy the
obligation to engage in the full-time practice of medicine and surgery
in accordance with this section due to active military service of such
person or such person's spouse shall not be required to pay the 15%
annual interest rate on any moneys received under such agreement.
(e) An obligation to engage in the practice of medicine and
surgery in accordance with the provisions of a residency bridging loan
agreement and this section shall be postponed during: (1) Any period of
temporary medical disability during which the person obligated is
unable to practice medicine and surgery because of such medical
disability; (2) any period of not more than one year during which the
person participates in a healthcare-related fellowship program; (3) any
required period of active military service of the person obligated or
such person's spouse; or (2) (4) any other period of postponement
agreed to or determined in accordance with criteria agreed to in the
practice commitment agreement.
(f) Except as otherwise provided in subsection (g), an obligation to
engage in the practice of medicine and surgery in accordance with the
provisions of a residency bridging loan agreement and this section shall
be satisfied: (1) If the obligation to engage in the practice of medicine
and surgery in accordance with such agreement has been completed;
(2) if the person obligated dies; or (3) if, because of permanent physical
disability, the person obligated is unable to practice medicine and
surgery.
(g) For any person who completed a medical residency training
program in obstetrics and gynecology pursuant to this section, such
person's obligation to engage in the practice of medicine and surgery
in accordance with the provisions of a residency bridging loan
agreement and this section shall be deemed to not be satisfied if such
person is employed by, provides services at or establishes any clinic or
facility as such terms are defined in K.S.A. 65-4a01, and amendments
thereto, or performs or induces, or attempts to perform or induce, an
abortion, except in the case of a medical emergency as defined in
K.S.A. 65-6701, and amendments thereto, or in the case of a pregnancy
resulting from rape or incest, at any time in which such person is
obligated to satisfy the provisions of such person's loan agreement
made pursuant to this section.
(h) The university of Kansas school of medicine may adopt
additional provisions, requirements or conditions for participation in
the Kansas medical residency bridging program as are practicable and
appropriate to accomplish the purposes of the program or as may be
required for the implementation or administration of the program and,
in any case, as are not inconsistent with the provisions of this section or
the provisions of appropriation acts.
(h)(i) As used in this section, "practice commitment agreement"
means an agreement to commence the full-time practice of medicine
and surgery in a city located in any county in Kansas other than
Douglas, Johnson, Sedgwick, Shawnee or Wyandotte county, that:
(1) Was entered into: (A) by a person in a primary care or mental
health care medical residency training program in general pediatrics,
general internal medicine, family medicine, family practice, obstetrics
and gynecology, general psychiatry or child psychiatry, that is operated
by or affiliated with the university of Kansas school of medicine or
other such primary care or mental health care medical residency
training program that is operated in Kansas and approved by the state
board of healing arts; or (B) by a person under subsection (i), with the
city where such practice is to commence or another contracting entity Senate Substitue for HOUSE BILL No. 2060—page 15
other than the university of Kansas school of medicine that is
representative of the interests of such city; and
(2) provides benefits to such person that have an aggregate
monetary value equal to or greater than the aggregate amount of
payments to such person from the university of Kansas school of
medicine under a residency bridging loan agreement under this section.
(i) A person who graduated from the university of Kansas school
of medicine prior to July 1, 1992, who has completed the first year of a
primary care residency training program in family practice which is
operated outside the state of Kansas and who has entered into a practice
commitment agreement with the north central Kansas health care
foundation is eligible to enter into a residency bridging loan agreement
under this section.
(j) Notwithstanding any other provision of law to the contrary, no
moneys appropriated for the Kansas medical residency bridging
program at the university of Kansas school of medicine, except moneys
appropriated to the OBGYN medical residency bridging fund or the
rural health bridging psychiatry fund, shall be expended for residency
bridging loan agreements for medical residents training in obstetrics
and gynecology, general psychiatry or child psychiatry.
(k) Subject to appropriations, the university of Kansas school of
medicine shall enter into residency bridging loan agreements with three
medical residents training in general psychiatry or child psychiatry.
(l) There is hereby established in the state treasury the rural health
bridging psychiatry fund. All moneys credited to the rural health
bridging psychiatry fund shall be used only for purposes related to
residency bridging loan agreements for medical residents training in
general psychiatry or child psychiatry pursuant to K.S.A. 76-387, and
amendments thereto this section. All expenditures from the rural health
bridging psychiatry fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the chancellor of the
university of Kansas or the chancellor's designee.
(m) There is hereby established in the state treasury the OBGYN
medical residency bridging fund. All moneys credited to the OBGYN
medical residency bridging fund shall be used only for purposes related
to residency bridging loan agreements for medical residents training in
obstetrics and gynecology pursuant to this section. All expenditures
from the OBGYN medical residency bridging fund shall be made in
accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the
chancellor of the university of Kansas or the chancellor's designee.
(n) Notwithstanding any other provision of law to the contrary, no
moneys shall be transferred from the comprehensive grant program
account of the state board of regents to the rural health bridging
psychiatry fund or the OBGYN medical residency bridging fund or
expended for any purposes related to the Kansas medical residency
bridging program.
Sec. 12. K.S.A. 8-272 is hereby repealed.
Sec. 13. On and after July 1, 2023, K.S.A. 74-3265, 74-3268, 74-
32,434, 76-381, 76-382, 76-383, 76-385, 76-386, 76-386a and 76-387
and K.S.A. 2022 Supp. 74-32,267 are hereby repealed. Senate Substitue for HOUSE BILL No. 2060—page 16
Sec. 14. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.