Page images
PDF
EPUB

of household goods and personal efects, in conjunction with travel auhorized by the Service

(1) From place of residence, within or utside the continental United States, ɔ first duty station,

(2) For any change of duty station orered by the Service during the term of he fellowship, and

(3) From last duty station to the lace of residence which he left to acept the fellowship, or to some other lace at no greater cost to the Governlent.

service fellow shall be entitled to avel allowances or transportation ad per diem while traveling on official usiness away from his permanent ity station during the term of the felwship. Except as otherwise provided rein, a service fellow shall be entied to travel and transportation allowices authorized in this part at the me rates as may be authorized by w and regulations for other civilian mployees of the Public Health Servce. If a service fellow dies during the erm of a fellowship, and his place of esidence which he left to accept the ellowship was outside the continental nited States, the payment of expenses f preparing the remains for burial and ansporting them to the place of resience for interment may be authorized. 1 the case of deceased service fellows hose place of resident was within the Continental United States, payment of he expenses of preparing the remains nd transporting them to the place of esidence for interment may be authored as provided for other civilian em=loyees of the Public Health Service.

(c) Benefits. In addition to other beneits provided herein, service fellows hall be entitled to benefits as provided y law or regulation for other civilian mployees of the Public Health Service.

(d) Training. Service fellows are eligile for training at Government expense on the same basis as other civilian emloyees.

61.38 Duration of service fellowships. Initial appointments to service felowships may be made for varying perids not in excess of 2 years. Such appointments may be extended on a year-to-year basis in accordance with proce

[blocks in formation]

62.3 Who is eligible to apply for a scholarship program award?

62.4 To whom will scholarship program awards be available in addition to those individuals pursuing courses of study leading to degrees in medicine, osteopathy or dentistry?

62.5 How is application made for a scholarship program award?

62.6 How will individuals be selected to participate in the scholarship program?

62.7 What will an individual be awarded for participating in the scholarship program?

62.8 What does an individual have to do in return for the scholarship program award?

62.9 Under what circumstances can the period of obligated service be deferred to complete approved graduate training? 62.10 What will happen if an individual does

not comply with the terms and conditions of participating in the scholarship program?

62.11 When can a scholarship program payment obligation be discharged in bankruptcy?

62.12 Under what circumstances can the service or payment obligation be canceled, waived or suspended?

62.13 What are the limitations on the receipt of concurrent benefits?

62.14 What are the special provisions relating to recipients of awards under the PH/ NHSC scholarship training program who will also receive awards under the scholarship program?

Subpart B-National Health Service Corps Loan Repayment Program

62.21 What is the scope and purpose of the National Health Service Corps Loan Repayment Program?

62.22

Definitions.

62.23 How will individuals be selected to participate in the Loan Repayment Program?

62.24 Who is eligible to apply for the Lor Repayment Program?

$62.4 To whom will scholarship pro

gram awards be available in addition to those individuals pursuing courses of study leading to degrees in medicine, osteopathy, or dentistry?

The Secretary will, from time-totime, publish in the FEDERAL REGISTER a list of those health professions in addition to medicine, osteopathy, and dentistry for which the National Health Service Corps has need and for which support is available. The Secretary will also publish any other eligibility criteria, in addition to those in §62.3, that may be required to assure that participants can be utilized during their periods of obligated service in a manner that will best meet the needs of the National Health Service Corps.

§ 62.5 How is application made for a scholarship program award?

Each individual desiring a scholarship under this part must submit an application (including a signed contract as required under section 751(f) of the Act) in the form and at the time prescribed by the Secretary.

§ 62.6 How will individuals be selected to participate in the scholarship program?

(a) General. In deciding which applications for participation in the Scholarship Program will be approved, the Secretary will place the applications into categories based upon the selection priorities described in paragraph (b) of this section. Except for continuation awards (see paragraph (e) of this section) the Secretary will then evaluate each applicant under paragraph (c) of this section.

(b) Priorities. (1) First priority will be given to individuals who have previously received a scholarship under the PH/NHSC Scholarship Training Program, a scholarship under this Scholarship Program, or a scholarship under section 758 of the Act, authorizing scholarships for first-year students of exceptional financial need. (2) Second priority will be given to applicants who are entering their first year of study.

(c) Selection. (1) In selecting participants, the Secretary will take into consideration those factors which he or

she determines necessary to assure e fective participation in the Scholarship Program. These factors may include but not be limited to (i) work exper ence, (ii) community background, (E) career goals, (iv) faculty recommende tion, and (v) academic performance.

(2) Special consideration will given to (i) medical and osteopath students who indicate their intentio to enter family practice, internal med cine, pediatrics, or osteopathic gener practice residencies, (ii) dental st Idents who indicate their intention undertake general practice traini following graduation or who plan postgraduate training, and (iii) the individuals who indicate an intent pursue other types of clinical practi or specialized training for which i National Health Service Corps ha particular need.

(d) Duration of Scholarship Subject to the availability of funds the Scholarship Program, the retary will award a participant arship under this part for a perist school year.

(e) Continuation awards. Subject the availability of funds for the St arship Program, the Secretary award a continuation scholarship the participant requests a con ation, (2) the award will not exten total period of Scholarship Pro support beyond 4 years, and (3) the ticipant is eligible for continued ticipation in the Scholarship Proj

§ 62.7 What will an individua awarded for participating i scholarship program?

(a) Amount of scholarship. (1) A { arship award for each school yea consist of (i) tuition, (ii) reas educational expenses, includin quired fees, books, supplies, ar quired educational equipment, ar a monthly stipend for the 12-mon riod beginning with the first mo each school year in which the in ual is a participant. For purpo this section "required fees" those fees which are charged b school to all students pursuing ! lar curriculum and "required cational equipment" means cational equipment which mu rented or purchased by all st

suing a similar curriculum at that 001.

) The Secretary may enter into a tract with the school in which the icipant is enrolled for the direct ment of tuition and reasonable eduonal expenses in the participant's lf.

[) Payment of scholarship: Leave-ofance; repeated course work. The Secry will suspend scholarship payts to or on behalf of a participant e school (1) approves a leave-of-abe for the participant for health, onal, or other reasons, or (2) rees the participant to repeat course for which the Secretary has prely made scholarship payments r §62.7. However, if the repeated e work does not delay the particis

graduation date, scholarship ents will continue except for any ional costs relating to the red course work. Any scholarship ents suspended under this parai will be resumed by the Secretary notification by the school that articipant has returned from the -of-absence or has completed the ted course work and is pursuing full-time student the course of for which the scholarship was led.

What does an individual have to

in return for the scholarship ogram award?

General. Except as provided in raphs (d), (f), and (g) of this seceach participant is obligated to come a member of the National h Service Corps employed as a issioned Officer in the Regular or ve Corps of the Service or as a Cal civilian in the full-time cliniactice of the participant's profesand (2) serve in the health manshortage area to which the parnt is assigned by the National h Service Corps.

Beginning of service. (1) The period igated service will begin when the arship Program participant beCo provide services in the health ower shortage area to which he or 3 assigned by the Secretary. Exor those participants who receive rral under §62.9 (a) or (b), this asent will be made by the Sec

retary as soon as possible following: (i) the completion of the participant's course of study leading to a degree in medicine, osteopathy, dentistry, or an equivalent credential for a particular health profession, and (ii) appointment of the participant as a Commissioned Officer in the Regular or Reserve Corps of the Service or as a civilian member of the National Health Service Corps.

(2) For purposes of this paragraph, "appointment" means only those appointments as Commissioned Officers in the Regular or Reserve Corps of the Service or as civilian members of the National Health Service Corps made specifically for the purpose of serving a participant's period of obligated serv

ice.

(c) Duration of service. Except as provided in §62.14(b)(1), the period for which the Scholarship Program participant is obligated to serve is equal to 1 year for each school year for which the participant receives a scholarship award under this part, or 2 years, whichever is greater.

(d) Service by detail. If the Secretary determines that there is no need in a health manpower shortage area for a member of the profession in which the Scholarship Program participant is obligated to provide service, the Scholarship Program participant may be detailed to serve the period of obligated service as a full-time member of the profession for which the participant has been trained, in any unit of the Department of Health and Human Services as the Secretary may determine. (e) Creditability of approved graduate training. Except as provided in § 62.14(b)(2), no period of approved graduate training will be credited toward satisfying the period of obligated service incurred under the Scholarship Program.

(f) Service under the National Research Service Award Program. (1) A Scholarship Program participant who demonstrates exceptional promise for medical research may perform the period of obligated service owed under this section by participating in the National Research Service Award Program for individual postdoctoral fellows authorized under section 472 of the Act.

(2) Exceptional promise for medical research will be demonstrated if the

participant applies for a National Research Service Award for individual postdoctoral fellows, is selected to participate in this research program, and accepts the offer of participation. A Scholarship Program participant in the National Research Service Award Program will receive credit toward satisfying the period of obligated service incurred under this section for any period of time he or she is engaged in activities which meet the service requirements of the National Research Service Award Program.

(3) If the time served under the National Research Service Award Program is less than the total period of obligated service owed under the Scholarship Program, the participant will serve the remainder of the Scholarship Program service obligation (i) in activities which meet the criteria for service under the National Research Service Award Program, as approved by the Secretary or (ii) as a member of the National Health Service Corps providing health services in the full-time clinical practice of his or her health profession. A participant who fails to begin or complete the service requirements under the National Research Service Award Program may be subject to the default penalty under § 62.10(c) of this part and the default penalties under the National Research Service Award Program.

(g) Release from service obligation to engage in private practice. The Secretary will release a participant from all or part of the service obligation if the participant applies for a release under section 753 of the Act and agrees in writing to engage for a period equal to the remaining period of the participant's service obligation in the fulltime private clinical practice of the participant's health profession, under the requirements of section 753 of the Act.

§ 62.9 Under what circumstances can the period of obligated service be deferred to complete approved graduate training?

(a) Requested deferment. Upon the request of any participant receiving a degree from a school of medicine, osteopathy, or dentistry, veterinary medicine, optometry, podiatry or pharmacy,

the Secretary will defer the beginning date of the obligated service to allow the participant to complete an ap proved graduate training program. The period of this deferment may not exceed (1) three years for any participant receiving a degree from a school of medicine, osteopathy or dentistry, or (2) one year for any participant recieving a degree from a school of veterinary medicine, optometry, podiatry or pharmacy. The Secretary may, how ever, extend this period of deferment if the Secretary determines that the extension is consistent with the needs of the National Health Service Corps.

(b) Required deferment. Each partic pant receiving a degree in medicine or osteopathy who does not intend to enter training which can be completed within the deferment period granted under paragraph (a) of this section must complete at least one year of ap proved graduate training before beginning the period of obligated service This one year of training must be (1) an allopathic flexible first-year gram whose sponsorship includes proved residencies in family practice, internal medicine, pediatrics, or a categorical first-year program in family practice, internal medicine, or pediatrics; (2) a rotating internship in ostec pathic medicine; or (3) such other programs as the Secretary determines provides comparable experience. Any par ticipant receiving a degree in medicine or osteopathy who fails to complete the one year of required training or an approved graduate training program for which a deferment was granted under paragraph (a) of this section will be subject to the default penalties of §62.10(c).

(c) Altering deferment. Before alteri the length or type of approved gr uate training for which the period d obligated service was deferred under paragraphs (a) or (b) of this section, the participant must request and ob tain the Secretary's approval of the al

teration.

(d) Additional terms of deferment. The Secretary may prescribe additions terms and conditions for deferment under paragraphs (a), (b), and (c) of this section as necessary to carry out the purposes of the Scholarship Program.

(e) Beginning of service after deferment. Any participant whose period of obligated service has been deferred under paragraphs (a) or (b) of this section nust begin the obligated service when the participant begins to provide health services in the health manpower hortage area to which he or she is asigned by the Secretary. This assignnent will be made by the Secretary as soon as possible following (1) the comletion of the requested or required raduate training for which the eferment was granted, and (2) appointent as a Commissioned Officer in the - tegular or Reserve Corps of the Serve or as a civilian member of the Naional Health Service Corps.

62.10 What will happen if an individual does not comply with the terms and conditions of participating in the scholarship program?

(a) If a participant, other than one escribed in paragraph (b) of this seclon, fails to accept payment or intructs the school not to accept paynent of the scholarship provided by he Secretary, the participant must, in ddition to any service or other obligaion incurred under the contract, pay

the United States the amount of 1,500 liquidated damages. Payment of his amount must be made within 30 ays of the date on which the particiant fails to accept payment of the cholarship award or instructs the school not to accept payment.

(b) When a participant fails to mainain an acceptable level of academic Standing, is dismissed from the school | for disciplinary reasons, or voluntarily germinates the course of study or proram for which the scholarship was warded before completing the course f study or program, the participant ust, instead of performing any servse obligation, pay to the United States n amount equal to all scholarship inds awarded under § 62.7. Payment of his amount must be made within 3 ears of the date the participant beomes liable to make payment under his paragraph.

(c) If a participant fails to begin or omplete the period of obligated servce incurred under § 62.8, including failng to comply with the applicable erms and conditions of a deferment

granted by the Secretary, the participant must pay to the United States an amount determined by the formula set forth in section 754(c) of the Act. Payment of this amount shall be made within 1 year of the date that the participant failed to begin or complete the period of obligated service, as determined by the Secretary.

§ 62.11 When can a scholarship program payment obligation be discharged in bankruptcy?

In accordance with section 754(d)(3) of the Act, any payment obligation incurred under §62.10 may not be discharged in bankruptcy under title XI of the United States Code until 5 years after the date on which the payment obligation is due.

§ 62.12 Under what circumstances can the service or payment obligation be canceled, waived or suspended? (a) Any obligation of a participant for service or payment will be canceled upon the death of the participant.

(b)(1) A participation may seek a waiver or suspension of the service or payment obligations incurred under this part by written request to the Secretary setting forth the bases, circumstances, and causes which support the requested action. The Secretary may approve a request for a suspension for a period of 1 year. A renewal of this suspension may also be granted.

(2) The Secretary may waive or suspend any service or payment obligation incurred by a participant whenever compliance by the participant (i) is impossible, or (ii) would involve extreme hardship to the participant and if enforcement of the service or payment obligation would be against equity and good conscience.

(c) Compliance by a participant with a service or payment obligation will be considered impossible if the Secretary determines, on the basis of information and documentation as may be required, that the participant suffers from a physical or mental disability resulting in the permanent inability of the participant to perform the service or other activities which would be necessary to comply with the obligation.

(d) In determining whether to waive or suspend any or all of the service or

« PreviousContinue »