1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 635 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR GREGORY (21). |
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8 | 8 | | 2542S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 191.600, 191.603, 191.605, 191.607, 191.611, 191.614, and 191.615, RSMo, |
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11 | 11 | | and to enact in lieu thereof seven new sections relating to health care profession loan |
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12 | 12 | | repayment. |
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13 | 13 | | |
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14 | 14 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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15 | 15 | | Section A. Sections 191.600, 191.603, 191.605, 191.607, 1 |
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16 | 16 | | 191.611, 191.614, and 191.615, RSMo, are r epealed and seven new 2 |
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17 | 17 | | sections enacted in lieu thereof, to be known as sections 3 |
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18 | 18 | | 191.600, 191.603, 191.605, 191.607, 191.611, 191.614, and 4 |
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19 | 19 | | 191.615, to read as follows:5 |
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20 | 20 | | 191.600. 1. Sections 191.600 to 191.615 establish a 1 |
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21 | 21 | | loan repayment program [for graduates of approved medical 2 |
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22 | 22 | | schools, schools of osteopathic medicine, schools of 3 |
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23 | 23 | | dentistry and accredited chiropractic colleges ], to be known 4 |
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24 | 24 | | as the "Missouri State Loan Repayment Program (MOSLRP)", for 5 |
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25 | 25 | | persons who practice in areas of defined need [and shall be 6 |
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26 | 26 | | known as the "Health Professional Student Loan Repayment 7 |
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27 | 27 | | Program". Sections 191.600 to 191.615 shall apply to 8 |
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28 | 28 | | graduates of accredited chiropractic colleges when federal 9 |
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29 | 29 | | guidelines for chiropractic shortage areas are developed ] 10 |
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30 | 30 | | after graduating from an accredited graduate training 11 |
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31 | 31 | | program in a discipline that is required for practice as: 12 |
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32 | 32 | | (1) An allopathic medical doctor; 13 |
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33 | 33 | | (2) An osteopathic medical doctor; 14 |
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34 | 34 | | (3) A general dentist; 15 SB 635 2 |
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35 | 35 | | (4) A dental hygienist; 16 |
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36 | 36 | | (5) A registered nurse including, but not limited to, 17 |
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37 | 37 | | a certified nurse practitioner, a certified nurse midwife, 18 |
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38 | 38 | | or a psychiatric nurse; 19 |
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39 | 39 | | (6) A physician assistant; 20 |
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40 | 40 | | (7) A psychologist; 21 |
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41 | 41 | | (8) A licensed clinical social worker; 22 |
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42 | 42 | | (9) A licensed professional counselor; 23 |
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43 | 43 | | (10) A marital and family therapist; or 24 |
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44 | 44 | | (11) A pharmacist. 25 |
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45 | 45 | | 2. The ["Health Professional Student Loan and ] 26 |
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46 | 46 | | "Missouri State Loan Repayment Program Fund" is hereby 27 |
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47 | 47 | | created in the state treasury. All funds recovered from an 28 |
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48 | 48 | | individual pursuant to section 191.614 and all funds 29 |
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49 | 49 | | generated by loan repayments and penalties received pursuant 30 |
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50 | 50 | | to section 191.540 shall be credited to the fund. The 31 |
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51 | 51 | | moneys in the fund shall be used by the department of health 32 |
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52 | 52 | | and senior services to provide loan repayments pursuant to 33 |
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53 | 53 | | section 191.611 in accordance with sections 191.600 to 34 |
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54 | 54 | | 191.614. 35 |
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55 | 55 | | 191.603. As used in sections 191.600 to 191.615, the 1 |
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56 | 56 | | following terms shall mean: 2 |
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57 | 57 | | (1) "Areas of defined need", areas designated by the 3 |
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58 | 58 | | department pursuant to section 191.605, when services of a 4 |
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59 | 59 | | primary care physician[, including]; services of a 5 |
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60 | 60 | | psychiatrist[, chiropractor]; services of a registered nurse 6 |
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61 | 61 | | including, but not limited to, a certified nurse 7 |
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62 | 62 | | practitioner, a certified nurse midwife, or a psychiatric 8 |
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63 | 63 | | nurse; or services of a physician assistant, psychologist, 9 |
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64 | 64 | | licensed clinical social worker, licensed professional 10 |
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65 | 65 | | counselor, marital and family therapist, pharmacist, dental 11 |
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66 | 66 | | hygienist, or general dentist are needed to improve the 12 SB 635 3 |
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67 | 67 | | patient-health professional ratio in the area, to contribute 13 |
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68 | 68 | | health care professional services to an area of economic 14 |
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69 | 69 | | impact, or to contribute health care professional services 15 |
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70 | 70 | | to an area suffering from the effects of a natural disaster; 16 |
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71 | 71 | | (2) ["Chiropractor", a person licensed and registered 17 |
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72 | 72 | | pursuant to chapter 331 ] "Certified nurse midwife", the same 18 |
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73 | 73 | | meaning given to the term in section 335.016 ; 19 |
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74 | 74 | | (3) "Certified nurse practitioner", the same meaning 20 |
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75 | 75 | | given to the term in section 335.016; 21 |
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76 | 76 | | (4) "Dental hygienist", a person licensed to practice 22 |
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77 | 77 | | dental hygiene under chapter 332; 23 |
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78 | 78 | | (5) "Department", the department of health and senior 24 |
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79 | 79 | | services; 25 |
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80 | 80 | | [(4)] (6) "General dentist", dentists licensed and 26 |
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81 | 81 | | registered pursuant to chapter 332 engaged in general 27 |
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82 | 82 | | dentistry and who are providing such services to the general 28 |
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83 | 83 | | population; 29 |
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84 | 84 | | (7) "Licensed clinical social worker", a person 30 |
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85 | 85 | | licensed as a clinical social worker under chapter 337; 31 |
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86 | 86 | | (8) "Licensed professional counselor", a person 32 |
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87 | 87 | | licensed as a professional counselor under chapter 337; 33 |
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88 | 88 | | (9) "Marital and family therapist", a person licensed 34 |
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89 | 89 | | as a marital and family therapist under chapter 337; 35 |
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90 | 90 | | (10) "Pharmacist", a person licensed under chapter 3 38; 36 |
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91 | 91 | | (11) "Physician assistant", the same meaning given to 37 |
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92 | 92 | | the term in section 334.735; 38 |
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93 | 93 | | [(5)] (12) "Primary care physician", physicians 39 |
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94 | 94 | | licensed and registered pursuant to chapter 334 engaged in 40 |
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95 | 95 | | general or family practice, internal medicine, pediatrics, 41 |
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96 | 96 | | geriatrics, or obstetrics and gynecology as their primary 42 |
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97 | 97 | | specialties, and who are providing such primary care 43 |
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98 | 98 | | services to the general population; 44 SB 635 4 |
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99 | 99 | | (13) "Psychiatric nurse", the same meaning given to 45 |
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100 | 100 | | the term in section 632.005; 46 |
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101 | 101 | | [(6)] (14) "Psychiatrist", the same meaning as in 47 |
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102 | 102 | | section 632.005; 48 |
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103 | 103 | | (15) "Psychologist", a person licensed to practice 49 |
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104 | 104 | | psychology under chapter 337; 50 |
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105 | 105 | | (16) "Registered nurse", the same meaning given to the 51 |
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106 | 106 | | term in section 335.016 . 52 |
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107 | 107 | | 191.605. The department shall designate counties, 1 |
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108 | 108 | | communities, or sections of urban areas as areas of defined 2 |
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109 | 109 | | need for medical, psychiatric, [chiropractic,] or dental 3 |
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110 | 110 | | services when such county, community or section of an urban 4 |
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111 | 111 | | area has been designated as a primary care health 5 |
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112 | 112 | | professional shortage area, a mental health care 6 |
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113 | 113 | | professional shortage area, or a dental health care 7 |
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114 | 114 | | professional shortage area by the federal Department of 8 |
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115 | 115 | | Health and Human Services, or has been determined by the 9 |
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116 | 116 | | director of the department of health and senior services to 10 |
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117 | 117 | | have an extraordinary need for health care professional 11 |
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118 | 118 | | services, without a corresponding supply of such 12 |
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119 | 119 | | professionals. 13 |
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120 | 120 | | 191.607. The department shall adopt and promulgate 1 |
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121 | 121 | | regulations establishing standards for determining eligible 2 |
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122 | 122 | | persons for loan repayment pursuant to sections 191.600 to 3 |
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123 | 123 | | 191.615. These standards shall include, but are not limited 4 |
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124 | 124 | | to the following: 5 |
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125 | 125 | | (1) Citizenship or permanent residency in the United 6 |
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126 | 126 | | States; 7 |
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127 | 127 | | (2) Residence in the state of Missouri; 8 |
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128 | 128 | | (3) [Enrollment as a full -time medical student in the 9 |
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129 | 129 | | final year of a course of study offered by an approved 10 SB 635 5 |
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130 | 130 | | educational institution or licensed to practice medicine or 11 |
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131 | 131 | | osteopathy pursuant to ch apter 334, including psychiatrists; 12 |
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132 | 132 | | (4) Enrollment as a full -time dental student in the 13 |
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133 | 133 | | final year of course study offered by an approved 14 |
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134 | 134 | | educational institution or licensed to practice general 15 |
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135 | 135 | | dentistry pursuant to chapter 332; 16 |
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136 | 136 | | (5) Enrollment as a full-time chiropractic student in 17 |
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137 | 137 | | the final year of course study offered by an approved 18 |
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138 | 138 | | educational institution or licensed to practice chiropractic 19 |
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139 | 139 | | medicine pursuant to chapter 331 ] Authorization to practice 20 |
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140 | 140 | | as any type of health professional defined in section 21 |
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141 | 141 | | 191.603; and 22 |
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142 | 142 | | [(6)] (4) Submission of an application for loan 23 |
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143 | 143 | | repayment. 24 |
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144 | 144 | | 191.611. 1. A loan payment provided for an individual 1 |
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145 | 145 | | under a written contract under the [health professional 2 |
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146 | 146 | | student loan payment ] Missouri state loan repayment program 3 |
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147 | 147 | | shall consist of payment on behalf of the individual of the 4 |
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148 | 148 | | principal, interest, and related expenses on government and 5 |
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149 | 149 | | commercial loans received by the individual for tuition, 6 |
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150 | 150 | | fees, books, laboratory, and living exp enses incurred by the 7 |
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151 | 151 | | individual. 8 |
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152 | 152 | | 2. For each year of obligated services that an 9 |
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153 | 153 | | individual contracts to serve in an area of defined need, 10 |
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154 | 154 | | the director may pay an amount not to exceed the maximum 11 |
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155 | 155 | | amounts allowed under the National Health Service Corps Loan 12 |
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156 | 156 | | Repayment Program, 42 U.S.C. Section 2541 -1, P.L. 106-213, 13 |
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157 | 157 | | on behalf of the individual for loans described in 14 |
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158 | 158 | | subsection 1 of this section. 15 |
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159 | 159 | | 3. The department may enter into an agreement with the 16 |
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160 | 160 | | holder of the loans for which repayments are made pursuant 17 |
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161 | 161 | | to the [health professional student loan payment ] Missouri 18 SB 635 6 |
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162 | 162 | | state loan repayment program to establish a schedule for the 19 |
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163 | 163 | | making of such payments if the establishment of such a 20 |
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164 | 164 | | schedule would result in reducing the costs to the state. 21 |
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165 | 165 | | 4. Any qualifying communities providing a portion of a 22 |
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166 | 166 | | loan repayment shall be considered first for placement. 23 |
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167 | 167 | | 191.614. 1. [An individual who has entered into a 1 |
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168 | 168 | | written contract with the department; and in the case of an 2 |
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169 | 169 | | individual who is enrolled in the final year of a course of 3 |
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170 | 170 | | study and fails to maintain an acceptable level of academic 4 |
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171 | 171 | | standing in the educational institution in which such 5 |
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172 | 172 | | individual is enrolled or voluntarily terminates such 6 |
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173 | 173 | | enrollment or is dismissed fr om such educational institution 7 |
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174 | 174 | | before completion of such course of study or fails to become 8 |
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175 | 175 | | licensed pursuant to chapter 331, 332 or 334 within one year 9 |
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176 | 176 | | shall be liable to the state for the amount which has been 10 |
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177 | 177 | | paid on his or her behalf under the con tract. 11 |
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178 | 178 | | 2.] If an individual breaches the written contract of 12 |
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179 | 179 | | the individual by failing either to begin such individual's 13 |
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180 | 180 | | service obligation or to complete such service obligation, 14 |
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181 | 181 | | the state shall be entitled to recover from the individual 15 |
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182 | 182 | | an amount equal to the sum of: 16 |
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183 | 183 | | (1) The total of the amounts prepaid by the state on 17 |
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184 | 184 | | behalf of the individual; 18 |
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185 | 185 | | (2) The interest on the amounts which would be payable 19 |
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186 | 186 | | if at the time the amounts were paid they were loans bearing 20 |
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187 | 187 | | interest at the maximu m prevailing rate as determined by the 21 |
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188 | 188 | | Treasurer of the United States; 22 |
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189 | 189 | | (3) An amount equal to any damages incurred by the 23 |
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190 | 190 | | department as a result of the breach; and 24 |
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191 | 191 | | (4) Any legal fees or associated costs incurred by the 25 |
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192 | 192 | | department or the stat e of Missouri in the collection of 26 |
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193 | 193 | | damages. 27 SB 635 7 |
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194 | 194 | | [3.] 2. The department may act on behalf of a 28 |
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195 | 195 | | qualified community to recover from an individual described 29 |
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196 | 196 | | in [subsections 1 and 2 of ] this section the portion of a 30 |
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197 | 197 | | loan repayment paid by such community for such individual. 31 |
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198 | 198 | | 191.615. 1. The department shall submit a grant 1 |
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199 | 199 | | application to the Secretary of the United States Department 2 |
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200 | 200 | | of Health and Human Services as prescribed by the secretary 3 |
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201 | 201 | | to obtain federal funds to finance the [health professional 4 |
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202 | 202 | | student] Missouri state loan repayment program. 5 |
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203 | 203 | | 2. Sections 191.600 to 191.615 shall not be construed 6 |
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204 | 204 | | to require the department to enter into contracts with 7 |
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205 | 205 | | individuals who qualify for the [health professional 8 |
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206 | 206 | | student] Missouri state loan repayment program when federal 9 |
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207 | 207 | | and state funds are not available for such purpose. 10 |
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208 | 208 | | |
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