As Further Amended by Senate Committee
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 381
By Legislative Educational Planning Committee
12-15
12 AN ACT
concerning higher education; relating to professional service
13 scholarships for
prospective doctors of osteopathy, optometrists,
14 nurses, teachers,
dentists and national guard officers; amending
K.S.A.
15 74-3267a, 74-3268,
74-3268a, 74-3271, 74-3272, 74-3273, 74-3291, 74-
16 3293, 74-3294,
74-3297, 74-3299, 74-32,100, 74-32,101, 74-32,102, 74-
17 32,103, 74-32,105 and
74-32,106 and K.S.A. 1999 Supp. 74-3256, 74-
18 3257, 74-3258,
74-3259, 74-3260, 74-3265, 74-3266, 74-3267, 74-3292,
19 74-3295, 74-3296,
74-3298, 74-32,104, 74-32,107, 74-32,112, 74-
20 32,113,
74-32,114, 74-32,115, 74-32,116, 74-32,117,
74-32,118, 74-
21 32,131, 74-32,132,
74-32,133, 74-32,134, 74-32,135, 74-32,136, 74-
22 32,137 and 74-32,138
and repealing the existing sections; also
23 repealing K.S.A.
74-3223, 74-3224, 74-3225, 74-3226, 74-3227, 74-
24 3228, 74-3246,
74-3247, 74-3248 and 74-3269.
25
26 Be it enacted by the Legislature of the
State of Kansas:
27 Section
1. K.S.A. 1999 Supp. 74-3265 is hereby amended to read as
28 follows: 74-3265. (a) Within the limits of
appropriations therefor for os-
29 teopathic medical service
scholarships, and in accordance with the pro-
30 visions of this section, the state
board of regents may award such schol-
31 arships in accordance with the
provisions of this section to Kansas
32 residents who are undergraduate students
enrolled in or admitted to ac-
33 credited schools of osteopathic medicine in
a course of instruction leading
34 to the degree of doctor of osteopathy
and who enter into a written agree-
35 ment with the state board of regents as
provided in accordance with
36 K.S.A. 74-3266, and amendments
thereto.
37
(b) Osteopathic medical service scholarships
awarded under this sec-
38 tion shall be in effect
during for the period of time
provided specified in
39 subsection (c) and shall provide to the
person receiving the scholarship
40 the payment of all tuition and
required fees for one year up to a maximum
41 of $15,000 an amount
not to exceed the maximum amount of a loan au-
42 thorized to be made under the medical
student loan act.
43
(c) Osteopathic medical service scholarships
awarded under this sec-
2
1 tion shall be
awarded on an annual basis and shall be in effect for one
2 year unless otherwise terminated
before the expiration of such period of
3 time. A Kansas resident who is an
undergraduate student enrolled in or
4 admitted to an accredited school of
osteopathic medicine in a course of
5 instruction leading to the degree of
doctor of osteopathy may be awarded
6 a separate
scholarship for each separate year the student
enters into a
7 written agreement with the state
board of regents under as provided in
8 K.S.A. 74-3266, and amendments
thereto, up to a maximum of four years.
9 For each separate
year a student is awarded a scholarship under
this
10 section, the student shall
engage in the full-time practice of medicine
and
11 surgery in Kansas for a
the period of 12 months time specified
in subsec-
12 tion (a)(3) of K.S.A. 74-3266, and
amendments thereto, unless such ob-
13 ligation is otherwise satisfied as provided
in K.S.A. 74-3268, and amend-
14 ments thereto.
15 (d) The state
board of regents shall not award more than 15 osteo-
16 pathic medical service scholarships
in any year to persons who have not
17 previously been awarded such a
scholarship under this section and, in any
18 case, the state board shall not
award more than 60 such scholarships
under
19 this section in any year.
In selecting Kansas residents to be awarded os-
20 teopathic medical service
scholarships under this section, the state
board
21 shall first consider
give primary consideration to students commencing
22 their first year of instruction at
accredited schools of osteopathic medicine
23 and thereafter shall consider students in
later years of instruction.
24 Sec.
2. K.S.A. 1999 Supp. 74-3266 is hereby amended to read as
25 follows: 74-3266. (a) An agreement entered
into by the state board of
26 regents and a Kansas resident who is an
undergraduate student enrolled
27 in or admitted to an accredited school of
osteopathic medicine in a course
28 of instruction leading to the degree of
doctor of osteopathy for the award-
29 ing of a an osteopathic
medical service scholarship under K.S.A.
74-3265
30 and amendments thereto
shall require that the person receiving the
31 scholarship:
32 (1) Complete the
required course of instruction and receive the de-
33 gree of doctor of osteopathy;
34 (2) apply for and
obtain a license to practice medicine and surgery in
35 Kansas;
36 (3) except as
otherwise provided in subsection (c), engage in the
full-
37 time practice of medicine
and surgery in Kansas on a full-time basis for
38 a period of 12 months in
Kansas for each year a scholarship was received
39 or on a part-time basis for a period
equivalent to 12 months, as determined
40 by the state board of regents, for each
year a scholarship was received;
41 (4)
(A) with regard to persons entering into agreements
entered into
42 prior to July 1, 1993
the effective date of this act, commence such full-
43 time or part-time practice of
medicine and surgery within nine months
3
1 after licensure or within nine months
after completion of a an approved
2 postgraduate residency
training program and licensure, whichever is
3 later, and continue such
full-time practice in Kansas for a consecutive
4 period of months equal to the total
number of months required under
5 the agreement;
6 (B) with
regard to persons entering into agreements entered
into af-
7 ter July 1, 1993
the effective date of this act, commence such full-time
or
8 part-time practice of medicine
and surgery within nine six months
after
9 licensure or within
nine six months after completion of an
approved post-
10 graduate residency training
program as defined in this section and licen-
11 sure, whichever is later, and continue such
full-time practice in Kansas
12 for a consecutive period of months equal to
the total number of months
13 required under the agreement;
14 (5) agree that
the service commitment for each agreement entered
15 into under this section is in addition to
the service commitment contained
16 in any other agreement which has been or
may be entered into under
17 this section for the purpose of obtaining
scholarship aid;
18 (6) maintain
records and make reports to the state board of regents
19 to document the
satisfaction of the obligation under such agreement to
20 engage in the full-time or part-time
practice of medicine and surgery in
21 Kansas and to continue such
full-time practice for a consecutive period
22 of months equal to the total number of
months required under the agree-
23 ment; and
24 (7) repay
amounts to the state board of regents as provided in K.S.A.
25 74-3267, and amendments thereto,
upon failure to satisfy an agreement
26 to engage in the full-time
or part-time practice of medicine and surgery
27 in Kansas for the required period of time
under any such agreement, the
28 person receiving a scholarship
under K.S.A. 74-3265 and amendments
29 thereto shall repay amounts to the
state board of regents as provided in
30 K.S.A. 74-3267 and amendments
thereto entered into as provided in this
31 section.
32 (b)
(1) Each Kansas student who enters into an agreement
under this
33 section after June 30, 1988, shall
serve the practice obligations incurred
34 by such student under such
agreement within an area of the state des-
35 ignated as a service commitment
area I pursuant to K.S.A. 76-375 and
36 amendments thereto. Such student
shall select a service commitment area
37 I in accordance with the provisions
of K.S.A. 76-375 and amendments
38 thereto and shall be subject to the
provisions of subsections (c) and (d)
39 of such K.S.A. 76-375 and
amendments thereto in the same manner and
40 to the same effect as a person
required to engage in the full-time practice
41 of medicine and surgery in a
service commitment area I pursuant to any
42 agreement under K.S.A. 76-373
through 76-377a and amendments
43 thereto, except that in lieu of
informing or notifying the university of
4
1 Kansas school of medicine of
certain matters under the provisions of
2 subsections (c) and (d) of
such K.S.A. 76-375 and amendments thereto
3 such student shall inform and
notify the state board of regents thereof.
4
(2) Except as otherwise provided in subsection
(c), each Kansas stu-
5 dent who enters into an agreement
under as provided in this section
after
6 June 30, 1993, shall
serve the practice obligations incurred by such stu-
7 dent under such
the agreement in any county of this state other
than
8 Douglas, Johnson, Sedgwick,
Shawnee or Wyandotte counties a rural
9 area or a medically underserved
area.
10 (c)
(1) A person awarded a an
osteopathic medical service scholarship
11 in accordance with the provisions
of K.S.A. 74-3265 through 74-3268 and
12 amendments thereto may
satisfy the obligation to engage in the practice
13 of medicine and surgery,
under an agreement entered into pursuant to
14 this section, even though such person is
engaged in practice in an area
15 not designated a rural area or a
medically underserved area by specialty,
16 or a critically medically
underserved area by specialty, or is engaged in
17 practice in Douglas, Johnson,
Sedgwick, Shawnee or Wyandotte counties,
18 through employment by the state of
Kansas on a part-time basis by the
19 state of Kansas,
which employment has been approved by the state board
20 of regents, for the practice of medicine
and surgery at any state medical
21 care facility or institution.
22 (d)
(2) For all the purposes
under of this section
subsection, service
23 or employment after June 30, 1988,
on a part-time basis at a state medical
24 care facility or institution shall
be on the a part-time basis of at
least the
25 equivalent of 1/2 time in order
to shall satisfy practice obligations
under
26 the obligation to engage in the
full-time practice of medicine and surgery
27 in Kansas for a period of 12 months for
each year a scholarship was
28 received as provided in an agreement
entered into under this section.
29 (e)
(d) As used in this section and K.S.A. 74-3267
and amendments
30 thereto For the
purposes of the osteopathic medical service scholarship
31 program (1) ``state medical care
facility or institution'' has the meaning
32 ascribed thereto by
in subsection (k) of K.S.A. 76-375, and
amendments
33 thereto; and (2)
``approved postgraduate residency training program''
34 means a residency training program in
general pediatrics, general internal
35 medicine, pediatrics, family
medicine, family practice, obstetrics and gy-
36 necology, or emergency medicine;
(3) ``medically underserved area''
37 means a practice location designated
medically underserved by the state
38 board of regents; and (4) ``rural area''
means any county of this state other
39 than Douglas, Johnson, Sedgwick, Shawnee
and Wyandotte counties.
40 Sec.
3. K.S.A. 1999 Supp. 74-3267 is hereby amended to read as
41 follows: 74-3267. (a) (1) Except as
otherwise provided in K.S.A. 74-3268,
42 and amendments thereto, upon the failure of
any person to satisfy the
43 obligation to engage in the full-time or
part-time practice of medicine
5
1 and surgery within the state of
Kansas for the required period of time
2 under any an
agreement entered into pursuant to as provided
in K.S.A.
3 74-3265 and
74-3266, and amendments thereto, such person shall repay
4 to the state board of regents an
amount equal to the total of (1) the
5 amount of money received by such
person pursuant to such agreement
6 plus (2) annual
accrued interest at a rate of 15% from the
date such money
7 was received at a rate which is
equivalent to the interest rate applicable
8 to loans made under the federal
PLUS program at the time such person
9 first entered into an agreement
plus two five
percentage points.
10 (2) Any person
who applies for and enters a postgraduate residency
11 training program that is not an approved
program as provided in this
12 section shall be required to repay all
moneys received pursuant to as
13 provided in an agreement entered
into for any scholarship awarded under
14 K.S.A. 74-3265
74-3266, and amendments thereto, plus
accumulated ac-
15 crued interest at an annual
rate of 15% from the date such moneys were
16 received at a rate which is equivalent
to the interest rate applicable to
17 loans made under the federal PLUS
program at the time such person first
18 entered into an agreement plus
two five percentage
points and shall com-
19 mence such repayment in accordance with
subsection (b) within 90 days
20 of graduation from the school of
osteopathic medicine or upon termina-
21 tion or completion of a residency training
program which does not comply
22 with the provisions of this act, whichever
is later.
23 (3) Any person
who enters and completes an approved postgraduate
24 residency training program but fails to
satisfy the obligation to engage in
25 the full-time or part-time practice
of medicine and surgery within a serv-
26 ice commitment area of this
state for the required period of time shall
27 be required to repay all money received
pursuant to an agreement en-
28 tered into for any scholarship
awarded under K.S.A. 74-3865
74-3266,
29 and amendments thereto, plus
accumulated accrued interest at an
annual
30 rate of 15% from the
date such money was received at a rate which is
31 equivalent to the interest rate
applicable to loans made under the federal
32 PLUS program at the time such person
first entered into an agreement
33 plus two
five percentage points and shall commence such
repayment in
34 accordance with subsection (b) within 90
days of failure to commence
35 qualifying practice
satisfy the obligation.
36 (b) Each person
required to repay any amount under this section shall
37 repay an amount totaling the entire amount
to be repaid under all such
38 agreements for which such
obligations are not satisfied, including all
39 amounts of interest at the rate prescribed.
Except as otherwise provided
40 in this section, such repayment shall be in
installment payments and each
41 such installment shall be not less than
the an amount equal to 1/5 of the
42 total amount which would be required to be
paid if repaid in five equal
43 annual installments.
6
1 (c) Except
as otherwise provided in this section subparts
(2) and (3)
2 of subsection (a), all
installment payments under this section shall com-
3 mence six months after the date of
the action or circumstance that causes
4 the failure of the person to satisfy
the obligations of such agreements, as
5 determined by the state board of
regents based upon the circumstances
6 of each individual case. If an
installment payment becomes 91 days over-
7 due, the entire amount outstanding
shall become immediately due and
8 payable, including all amounts of
interest at the rate prescribed.
9 (d) The
total repayment obligation imposed under all agreements en-
10 tered into under as
provided in K.S.A. 74-3266, and amendments thereto,
11 may be satisfied at any time prior to
graduation from the accredited school
12 of osteopathic medicine by making a single
lump sum payment equal to
13 the total of (1) the entire amount to be
repaid under all such agreements
14 upon failure to satisfy the obligations
under such agreements to practice
15 in Kansas, plus (2) all amounts of interest
accrued thereon at the rate
16 prescribed to the date of
payment under this section.
17 (e) The state
board of regents is authorized to turn any repayment
18 account arising under the osteopathic
medical service scholarship pro-
19 gram over to a designated loan servicer
or collection agency, the state not
20 being involved other than to receive
payments from the loan servicer or
21 collection agency at the interest rate
prescribed under this section.
22 Sec.
4. K.S.A. 74-3267a is hereby amended to read as follows:
74-
23 3267a. There is hereby created in the state
treasury the osteopathic med-
24 ical service scholarship repayment
fund. The state board of regents shall
25 remit all moneys received under K.S.A.
74-3247, 74-3248 and 74-3267,
26 and amendments thereto, to the state
treasurer at least monthly. Upon
27 receipt of each such remittance the state
treasurer shall deposit the entire
28 amount thereof in the state treasury, and
such amount shall be credited
29 to the osteopathic medical service
scholarship repayment fund. All ex-
30 penditures from the osteopathic medical
service scholarship repayment
31 fund shall be for osteopathic medical
service scholarships under K.S.A.
32 74-3265 and amendments
thereto, and shall be made in accordance with
33 appropriation acts upon warrants of the
director of accounts and reports
34 issued pursuant to vouchers approved by the
executive officer of the state
35 board of regents or a person designated by
the executive officer.
36 Sec.
5. K.S.A. 74-3268 is hereby amended to read as follows:
74-
37 3268. (a) An obligation to engage in the
practice of medicine and surgery
38 in accordance with an agreement under
K.S.A. 74-3266, and amendments
39 thereto, shall be postponed: (1)
During any required period of active
40 military service; (2) during any period of
service as a part of volunteers
41 in service to America (VISTA); (3) during
any period of service in the
42 peace corps; (4) during any period of
service commitment to the United
43 States public health service; (5) during
any period of religious missionary
7
1 work conducted by an organization
exempt from tax under subsection (c)
2 of section
501(c)(3) of the federal internal revenue code
of 1954, as
3 amended as in
effect on December 31, 1999; (6) during the
any period of
4 time the person obligated is engaged
solely in the teaching of medicine;
5 (7) during the
any period of time the person obligated is engaged
solely
6 in medical research;
or (8) during any period of temporary
medical dis-
7 ability during which
time the person obligated is unable because of
such
8 temporary medical disability
to practice medicine and surgery; (9) during
9 any period of time the person
obligated is on job-protected leave under
10 the federal family and medical leave act
of 1993; or (10) during any period
11 of time the state board of regents
determines that the person obligated is
12 unable because of special circumstances
to practice medicine and surgery.
13 Except for clause
clauses (8) of this subsection (a), (9)
and (10), an obli-
14 gation to engage in the practice of
medicine and surgery in accordance
15 with an agreement under K.S.A. 74-3266,
and amendments thereto, shall
16 not be postponed more than five years from
the time the practice of
17 medicine and surgery was to have been
commenced under any such
18 agreement. An obligation to engage in the
practice of medicine and sur-
19 gery in accordance with an agreement under
K.S.A. 74-3266, and amend-
20 ments thereto, shall be postponed
under clause (8) of this subsection (a)
21 during the period of time the medical
disability exists. An obligation to
22 engage in the practice of medicine and
surgery in accordance with an
23 agreement under K.S.A. 74-3266, and
amendments thereto, shall be post-
24 poned under clause (9) during the period
of time the person obligated
25 remains on FMLA leave. An obligation to
engage in the practice of med-
26 icine and surgery in accordance with an
agreement under K.S.A. 74-3266,
27 and amendments thereto, shall be
postponed under clause (10) during the
28 period of time the state board of
regents determines that the special cir-
29 cumstances exist. The state board of
regents shall adopt rules and regu-
30 lations prescribing criteria or
guidelines for determination of the existence
31 of special circumstances causing an
inability to practice medicine and
32 surgery, and shall determine the
documentation required to prove the
33 existence of such circumstances.
34 (b) An obligation
to engage in the practice of medicine and surgery
35 in accordance with an agreement under
K.S.A. 74-3266, and amendments
36 thereto, shall be satisfied: (1) If
the obligation to engage in the practice
37 of medicine and surgery in
accordance with an agreement under K.S.A.
38 74-3266 has been completed
in accordance with the agreement; (2) if the
39 person obligated dies; (3) if, because of
permanent physical disability, the
40 person obligated is unable to practice
medicine and surgery; (4) if the
41 person obligated fails to satisfy the
requirements for a degree of doctor
42 of osteopathy after such
person has made their making the best
efforts
43 effort possible to obtain such
degree; or (5) if the person obligated fails
8
1 to satisfy all requirements for a
permanent license to practice medicine
2 and surgery in Kansas or any other
jurisdiction or has been denied a
3 license after such
the person has applied for a license and has made
their
4 the best
efforts effort possible to obtain a
license.
5 Sec.
6. K.S.A. 74-3268a is hereby amended to read as follows:
74-
6 3268a. If a person fails to satisfy
an obligation to engage in the full-time
7 practice of medicine and surgery in
Kansas for the required period of
8 time under an agreement entered into
pursuant to as provided in K.S.A.
9 74-3223 to 74-3228,
inclusive, 74-3246 to 74-3248, inclusive, or 74-3265
10 to 74-3267, inclusive
74-3266, and amendments thereto, because such
11 person is engaged in the practice of
medicine and surgery in a state other
12 than Kansas, and if such person is subject
to or currently making repay-
13 ments under any such
statutes agreement, and if such person
subse-
14 quently commences the practice of medicine
and surgery in this state
15 which complies in
compliance with the agreements entered into
under
16 such statutes
agreement, the balance of the repayment amount,
including
17 interest thereon, from the time of
such commencement of the practice
18 of medicine and surgery in this
state until the obligation of such person
19 is satisfied, or until the time such person
again becomes subject to re-
20 payments, shall be waived. All repayment
amounts due prior to such com-
21 mencement of practice in this state,
including interest thereon, shall con-
22 tinue to be payable as provided in
such statutes the agreement. If
23 subsequent to such
commencement of practice in this state, the person
24 fails to satisfy such
the obligation to practice for the period of time
spec-
25 ified in the agreement, the person
again shall be subject to repayments,
26 including interest thereon, as
otherwise provided in such
statutes the
27 agreement.
28 Sec.
7. K.S.A. 74-3271 is hereby amended to read as follows:
74-
29 3271. An agreement entered into by the
state board of regents and a
30 Kansas resident who is an undergraduate
student enrolled in or admitted
31 to an accredited school or college of
optometry pursuant to a contract
32 which provides for guaranteed admission and
continued enrollment of
33 such person therein and which was entered
into for such purpose under
34 K.S.A. 76-721a, and amendments
thereto, shall require that the person:
35 (a) Complete the
required course of instruction in optometry and
36 receive the degree therefor;
37 (b) apply for and
obtain a license to practice optometry in Kansas;
38 (c) engage in the
full-time practice of optometry in Kansas on a
full-
39 time basis for a period of 12 months
in Kansas for each year in which
40 such person is so enrolled
in the school or college of optometry and for
41 which an annual amount is paid
therefor by the state board of regents
42 therefor pursuant to a
contract under K.S.A. 76-721a, and amendments
43 thereto, or engage in the practice of
optometry in Kansas on a part-time
9
1 basis for a period equivalent to
12 months, as determined by the state
2 board of regents, for each
year in which such person is enrolled in the
3 school or college of optometry and
for which an annual amount is paid
4 therefor by the state board of
regents pursuant to a contract under K.S.A.
5 76-721a, and amendments thereto;
6 (d)
(1) with regard to persons entering into an agreement prior
to
7 the effective date of this
act, commence such full-time or part-time prac-
8 tice of optometry within nine months
after licensure and continue such
9 full-time practice
in Kansas for a consecutive period of months equal to
10 the total number of months required under
the agreement;
11 (2) with
regard to persons entering into an agreement after the
effec-
12 tive date of this act, commence such
full-time or part-time practice of
13 optometry within six months after
licensure and continue such practice
14 in Kansas for a consecutive period of
months equal to the total number
15 of months required under the
agreement;
16 (e) maintain
records and make reports to the state board of regents
17 to document the
satisfaction of the obligation under such agreement to
18 engage in the full-time or part-time
practice of optometry in Kansas and
19 to continue such full-time
practice for a consecutive period of months
20 equal to the total number of months
required under the agreement; and
21 (f) upon failure
to satisfy an agreement to engage in the full-time or
22 part-time practice of optometry in
Kansas for the required period of time
23 under such agreement, repay amounts to the
state board of regents as
24 provided in K.S.A. 74-3272, and
amendments thereto.
25 Sec.
8. K.S.A. 74-3272 is hereby amended to read as follows:
74-
26 3272. (a) Except as otherwise provided in
subsection (e) and in K.S.A.
27 74-3273, and amendments thereto,
and subsection (e), upon the failure
28 of any person to satisfy the obligation to
engage in the full-time or part-
29 time practice of optometry within
the state of Kansas for the required
30 period of time under an agreement entered
into pursuant to K.S.A. 74-
31 3271, and amendments thereto, such person
shall repay to the state board
32 of regents an amount equal to the total of
(1) the total amount of money
33 paid by the state board of regents
in amounts for guaranteed admission
34 and continued enrollment of such person in
an accredited school or col-
35 lege of optometry pursuant to a contract
entered into therefor under
36 K.S.A. 76-721a, and amendments
thereto, plus (2) annual accrued
interest
37 at a rate of 15% from the
date such money was paid pursuant to such
38 contract at a rate which is equivalent
to the interest rate applicable to
39 loans made under the federal PLUS
program at the time such person first
40 entered into an agreement plus
two five percentage
points.
41 (b) Each person
required to repay any amount under this section shall
42 repay an amount totaling the entire amount
to be repaid under such
43 agreement for which such obligation is not
satisfied, including all interest
10
1 at the rate prescribed. Except as
otherwise provided in this section, such
2 repayment shall be in installment
payments and each such installment
3 shall be not less than
the an amount equal to 1/5 of the total
amount which
4 would be required to be paid if
repaid in five equal annual installments.
5 (c) All
installment payments under this section shall commence six
6 months after the date of the action
or circumstance that causes the failure
7 of the person to satisfy the
obligations of such agreement, as determined
8 by the state board of regents based
upon the circumstances of each in-
9 dividual case. If an installment
payment becomes 91 days overdue, the
10 entire amount outstanding shall become
immediately due and payable,
11 including all interest at the rate
prescribed.
12 (d) The total
repayment obligation imposed under the an
agreement
13 entered into under
pursuant to K.S.A. 74-3271, and amendments
thereto,
14 may be satisfied at any time prior to
graduation from the accredited school
15 or college of optometry by making a single
lump-sum payment equal to
16 the total of (1) the entire amount to be
repaid under such agreement
17 upon failure to satisfy the obligation
under such agreement to practice
18 optometry in Kansas, plus (2) all
interest thereon at the rate prescribed
19 to the date of payment.
20 (e) If a person
fails to satisfy an obligation to engage in the full-time
21 or part-time practice of optometry
in Kansas for the required period of
22 time under an agreement entered into
pursuant to K.S.A. 74-3271, and
23 amendments thereto, because such
person is engaged in the practice of
24 optometry in a state other than Kansas, and
if such person is subject to
25 or currently making repayments under this
section, and if such person
26 subsequently commences the practice of
optometry in this state which
27 complies with the agreements entered into
under such statute, the bal-
28 ance of the repayment amount, including
interest thereon, from the time
29 of such commencement of practice until the
obligation of such person is
30 satisfied, or until the time such person
again becomes subject to repay-
31 ments, shall be waived. All repayment
amounts due prior to such com-
32 mencement of practice in this state,
including interest thereon, shall con-
33 tinue to be payable as provided in this
section. If subsequent to such
34 commencement of practice, the person fails
to satisfy such obligation, the
35 person again shall be subject to
repayments, including interest thereon,
36 as otherwise provided in this section.
37 (f) The state
board of regents is authorized to turn any repayment
38 account arising under the optometry
service scholarship program over to
39 a designated loan servicer or collection
agency, the state not being in-
40 volved other than to receive payments
from the loan servicer or collection
41 agency at the interest rate prescribed
under this section.
42 Sec.
9. K.S.A. 74-3273 is hereby amended to read as follows:
74-
43 3273. (a) An obligation to engage in the
practice of optometry in accord-
11
1 ance with an agreement under K.S.A.
74-3271, and amendments thereto,
2 shall be postponed: (1) During any
required period of active military
3 service; (2) during any period of
service as a part of volunteers in service
4 to America (VISTA); (3) during any
period of service in the peace corps;
5 (4) during any period of service
commitment to the United States public
6 health service; (5) during any period
of religious missionary work con-
7 ducted by an organization exempt from
tax under subsection (c) of section
8 501(c)(3) of the
federal internal revenue code of 1954, as
amended as in
9 effect on December 31, 1999;
(6) during the any period of time the
person
10 obligated is engaged solely in the teaching
of optometry; (7) during the
11 any period of time the person
obligated is engaged solely in optometric
12 research; or (8) during
any period of time the person obligated is actively
13 engaged on a full-time basis in an
approved postgraduate residency train-
14 ing program; (9) during any period
of temporary medical disability during
15 which time the
person obligated is unable because of such
temporary
16 medical disability to practice
optometry; (10) during any period of time
17 the person obligated is on job-protected
leave under the federal family
18 and medical leave act of 1993; or (11)
during any period of time the state
19 board of regents determines that the
person obligated is unable because
20 of special circumstances to practice
optometry. Except for clause (8) of
21 this subsection (a),
clauses (9), (10) and (11), an obligation to engage in
22 the practice of optometry in accordance
with an agreement under K.S.A.
23 74-3271, and amendments thereto,
shall not be postponed more than five
24 years from the time the practice of
optometry was to have been com-
25 menced under any such agreement. An
obligation to engage in the prac-
26 tice of optometry in accordance with an
agreement under K.S.A. 74-3271,
27 and amendments thereto, shall be
postponed under clause (8) (9) of
this
28 subsection (a) during the
period of time the medical disability exists. An
29 obligation to engage in the practice of
optometry in accordance with an
30 agreement under K.S.A. 74-3271, and
amendments thereto, shall be post-
31 poned under clause (10) during the
period of time the person obligated
32 remains on FMLA leave. An obligation to
engage in the practice of op-
33 tometry in accordance with an agreement
under K.S.A. 74-3271, and
34 amendments thereto, shall be postponed
under clause (11) during the
35 period of time the state board of
regents determines that the special cir-
36 cumstances exist. The state board of
regents shall adopt rules and regu-
37 lations prescribing criteria or
guidelines for determination of the existence
38 of special circumstances causing an
inability to practice optometry, and
39 shall determine the documentation
required to prove the existence of such
40 circumstances.
41 (b) An obligation
to engage in the practice of optometry in accord-
42 ance with an agreement under K.S.A.
74-3271, and amendments thereto,
43 shall be satisfied: (1) If the obligation
to engage in the practice of optom-
12
1 etry in accordance with an agreement
under K.S.A. 74-3271, and amend-
2 ments thereto, has been
completed; (2) if the person obligated dies; (3)
3 if, because of permanent physical
disability, the person obligated is unable
4 to practice optometry; (4) if the
person obligated fails to satisfy the
5 requirements for a degree from an
accredited school or college of optom-
6 etry after such person has
made their making the best efforts
effort pos-
7 sible to obtain such degree;
or (5) if the person obligated fails to satisfy
8 all requirements for a permanent
license to practice optometry in Kansas
9 or any other jurisdiction or has been
denied a license after such person
10 has applied for a license and has made
their the best efforts
effort possible
11 to obtain a license.
12 Sec.
10. K.S.A. 74-3291 is hereby amended to read as follows:
74-
13 3291. This act shall be known and may be
cited as the nursing student
14 service scholarship program.
15 Sec.
11. K.S.A. 1999 Supp. 74-3292 is hereby amended to read as
16 follows: 74-3292. As used in this act:
17 (a) ``Committee''
means the nursing service scholarship review com-
18 mittee established under K.S.A. 74-3299 and
amendments thereto.
19 (b) ``Executive
officer'' means the executive officer of the state board
20 of regents appointed under K.S.A. 74-3203
and amendments thereto.
21 (c) ``Rural
area'' means any county of this state other than Douglas,
22 Johnson, Sedgwick, Shawnee and Wyandotte
counties.
23 (d) ``School of
nursing'' means a school within the state of Kansas
24 which is approved by the state board of
nursing to grant a diploma, an
25 associate degree or a baccalaureate
degree in professional nursing or a
26 certificate of completion in
practical nursing.
27 (e) ``Sponsor''
means any adult care home licensed under the adult
28 care home licensure act, any medical care
facility licensed under K.S.A.
29 65-425 et seq. and amendments
thereto, any psychiatric hospital licensed
30 under K.S.A. 75-3307b, and
amendments thereto, any home health
31 agency licensed under K.S.A. 65-5101
et seq. and amendments thereto,
32 any local health department as defined in
K.S.A. 65-241, and amendments
33 thereto, and any state agency which employs
licensed practical nurses or
34 licensed professional nurses.
35 Sec.
12. K.S.A. 74-3293 is hereby amended to read as follows:
74-
36 3293. (a) There is hereby established the
nursing student service schol-
37 arship program. A scholarship may be
awarded under the nursing student
38 service scholarship program to any
qualified nursing student enrolled in
39 or admitted to a school of nursing in a
course of instruction leading to
40 licensure as a licensed professional nurse
or licensed practical nurse. The
41 number of new scholarships awarded under
the nursing student service
42 scholarship program in each year shall not
exceed 250. Of this number,
43 except as otherwise provided in this
section, 100 scholarships shall be
13
1 awarded to nursing students whose
sponsors are located in rural areas
2 and who are enrolled in a course of
instruction leading to licensure as a
3 registered professional nurse, 50
scholarships shall be awarded for to
4 nursing students enrolled in
or admitted to a school of nursing operated
5 by a community college, area
vocational-technical school or area voca-
6 tional school in a
course of instruction leading to licensure as a licensed
7 practical nurse and the remaining 100
scholarships shall be awarded to
8 any nursing students who have a
sponsor and who are enrolled in a course
9 of instruction leading to licensure
as a registered professional nurse. If
10 all scholarships authorized to be awarded
under this section to nursing
11 students whose sponsors are located in
rural areas have not been awarded
12 by a date established by the state board of
regents, the scholarships which
13 have not been awarded by that date may be
awarded to nursing students
14 who have a sponsor and who are otherwise
qualified to be awarded a
15 scholarship under the nursing
student service scholarship program.
The
16 determination of the individuals qualified
for such scholarships shall be
17 made by the executive officer after seeking
advice from the committee.
18 Within each scholarship category prescribed
by this subsection, scholar-
19 ships shall be awarded on a priority basis
to qualified applicants who have
20 the greatest financial need for such
scholarships. To the extent practicable
21 and consistent with the other provisions of
this section, consideration shall
22 be given to minority applicants.
23 (b) Scholarships
awarded under the nursing student service
scholar-
24 ship program shall be awarded for the
length of the course of instruction
25 leading to licensure as a licensed
professional nurse or licensure as a
26 licensed practical nurse
in which the student is enrolled in or
admitted
27 to unless otherwise terminated before
the expiration of such period of
28 time. Such scholarships shall provide to
the a nursing student
receiving
29 the scholarship the payment of
tuition, fees, books, room and board in
30 an amount to not exceed the total
of $3,500 annually (1) if the nursing
31 student is enrolled in a school of
nursing operated by a state educational
32 institution, an amount not to exceed 70%
of the cost of attendance for an
33 academic year at the school of nursing
in which the nursing student is
34 enrolled or (2) if the nursing student
is enrolled in a school of nursing not
35 operated by a state educational
institution, the lesser of (A) an amount
36 not to exceed 70% of the cost of
attendance for a year at the school of
37 nursing in which the nursing student is
enrolled or (B) an amount not to
38 exceed 70% of the average amount of the
cost of attendance for a year at
39 the schools of nursing operated by the
state educational institutions. The
40 amount of each scholarship shall be
established annually by the executive
41 officer and shall be financed equally by
the sponsor of the nursing student
42 and by the state of Kansas except that if
the sponsor is located in a rural
43 area or is a health care facility which has
less than 100 beds, the total
14
1 amount of the scholarship financed by
such sponsor shall not exceed
2 $1,000 and the balance of such amount
shall be paid by the state of
3 Kansas.
4 Sec.
13. K.S.A. 74-3294 is hereby amended to read as follows:
74-
5 3294. (a) An applicant for a
scholarship under the nursing student
service
6 scholarship program shall provide to
the executive officer, on forms sup-
7 plied by the executive officer, the
following information:
8 (1) The
name and address of the applicant;
9 (2) the
name and address of the school of nursing in which the
ap-
10 plicant is enrolled in or
to which the applicant has been admitted;
11 (3) the name and
address of the sponsor of the applicant and a ver-
12 ified copy of the agreement entered into by
the applicant and the sponsor
13 in accordance with the provisions of
this act the nursing service scholar-
14 ship program; and
15 (4) any
additional information which may be required by the execu-
16 tive officer.
17 (b) As a
condition to awarding a scholarship under this act
the nursing
18 service scholarship program, the
executive officer and the applicant for
19 a scholarship shall enter into an agreement
which shall require that the
20 scholarship recipient:
21 (1) Complete the
required course of instruction and attain licensure
22 with the Kansas state board of nursing as a
licensed professional nurse or
23 a licensed practical nurse;
24 (2) engage in the
full-time practice of nursing, or the equivalent to
25 full-time practice as specified by
rules and regulations of the state board
26 of regents adopted in accordance
with the provisions of K.S.A. 74-3297
27 and amendments thereto, in
the employment of the sponsor in accord-
28 ance with the agreement entered into by the
scholarship recipient and
29 the sponsor and comply with such
other terms and conditions as may be
30 specified by such
agreement; continue such full-time practice, or
the
31 equivalent to full-time practice, for
the total amount of time required
32 under the agreement, which shall be for
a period of not less than the length
33 of the course of instruction for which
scholarship assistance was provided,
34 or engage in the part-time practice of
nursing in the employment of the
35 sponsor in accordance with the agreement
entered into by the scholarship
36 recipient and the sponsor and continue
such part-time practice for the
37 total amount of time required under the
agreement, which shall be for a
38 period of time that is equivalent to
full time, as determined by the state
39 board of regents, multiplied by the
length of the course of instruction for
40 which scholarship assistance was
provided;
41 (3) commence the
full-time practice of nursing, or the equivalent to
42 full-time practice as specified by
rules and regulations of the state board
43 of regents adopted in accordance
with the provisions of K.S.A. 74-3297
15
1 and amendments
thereto, or the part-time practice of nursing,
within six
2 months after registration in
accordance with the agreement entered into
3 by the scholarship recipient and the
sponsor and, continue such
full-time
4 practice, or equivalent to
full-time practice, for the total amount of time
5 required under the agreement,
which shall be for a period of not less
6 than the length of the course
of instruction for which the scholarship
7 assistance was
provided and comply with such other terms and
conditions
8 as may be specified by such
agreement;
9
(4) maintain records and make reports to the executive officer
as may
10 be required by the executive officer to
document the satisfaction of the
11 obligations under this act
the nursing service scholarship program and
12 under agreements entered into with the
sponsor; and
13 (5) upon failure
to satisfy an agreement to engage in the full-time
14 practice of nursing, or the equivalent to
full-time practice as specified by
15 rules and regulations of the state
board of regents adopted in accordance
16 with the provisions of K.S.A.
74-3297 and amendments thereto, or the
17 part-time practice of nursing, for
the required period of time under any
18 such agreement, repay to the state and to
the sponsor amounts as pro-
19 vided in K.S.A. 74-3295, and
amendments thereto.
20 (c) Upon the
awarding of a scholarship under the nursing
student
21 service scholarship program, the
sponsor shall pay to the executive officer
22 the amount of such scholarship to be
financed by the sponsor. Each such
23 amount shall be deposited in the nursing
student service scholarship pro-
24 gram fund in accordance with K.S.A.
74-3298, and amendments thereto.
25 (d) The
sponsorship by a scholarship recipient may be transferred
26 from one sponsor to another upon the
agreement of the original sponsor,
27 the scholarship recipient and the sponsor
to which the sponsorship is to
28 be transferred. The terms, conditions and
obligations of the transferred
29 agreement shall be substantially similar to
the terms, conditions and ob-
30 ligations of the original agreement. No
sponsorship shall be transferred
31 unless the agreement transferring such
sponsorship provides for service
32 in a rural area and is approved by the
executive officer as consistent with
33 the provisions of the nursing
student service scholarship program and
as
34 consistent with any rules and regulations
relating thereto adopted by the
35 state board of regents in accordance with
the provisions of K.S.A. 74-
36 3297, and amendments thereto.
37 Sec.
14. K.S.A. 1999 Supp. 74-3295 is hereby amended to read as
38 follows: 74-3295. (a) Except as
provided in K.S.A. 74-3296, and amend-
39 ments thereto, upon the failure of any
person to satisfy the obligation
40 under any agreement entered into pursuant
to the nursing student service
41 scholarship program, such person shall pay
to the executive officer an
42 amount equal to the total amount of money
received by such person
43 pursuant to such agreement which was
financed by the state of Kansas
16
1 plus annual
accrued interest at a rate of 15% which
is equivalent to the
2 interest rate applicable to loans
made under the federal PLUS program
3 at the time such person first
entered into an agreement plus two
five
4 percentage points and shall
pay to the sponsor an amount equal to the
5 total amount of money received by
such person pursuant to such agree-
6 ment which was financed by the
sponsor plus annual accrued interest at
7 a rate of 15%
which is equivalent to the interest rate applicable to
loans
8 made under the federal PLUS
program at the time such person first en-
9 tered into an agreement plus
two five percentage
points. Installment pay-
10 ments of any such amounts may be made in
accordance with the provi-
11 sions of agreements entered into by the
scholarship recipient and the
12 sponsor or if no such provisions exist in
such agreements, in accordance
13 with rules and regulations of the state
board of regents, except that such
14 installment payments shall commence six
months after the date of the
15 action or circumstances that cause the
failure of the person to satisfy the
16 obligations of such agreements, as
determined by the executive officer
17 based upon the circumstances of each
individual case. Amounts paid un-
18 der this section to the executive officer
shall be deposited in the nursing
19 student service
scholarship repayment fund in accordance with K.S.A. 74-
20 3298, and amendments thereto.
21 (b) The state
board of regents is authorized to turn any repayment
22 account arising under the nursing
service scholarship program over to a
23 designated loan servicer or collection
agency, the state not being involved
24 other than to receive payments from the
loan servicer or collection agency
25 at the interest rate prescribed under
this section.
26 Sec.
15. K.S.A. 1999 Supp. 74-3296 is hereby amended to read as
27 follows: 74-3296. (a) Except as otherwise
specified in the agreement with
28 the sponsor, an obligation under any
agreement entered into under the
29 nursing student scholarship program shall
be postponed: (1) During any
30 required period of active military service;
(2) during any period of service
31 as a part of volunteers in service to
America (VISTA); (3) during any
32 period of service in the peace corps; (4)
during any period of service
33 commitment to the United States public
health service; (5) during any
34 period of religious missionary work
conducted by an organization exempt
35 from tax under subsection (c)
of section 501(c)(3) of the federal
internal
36 revenue code of 1986 as in
effect on January 1, 1989 December 31,
1999;
37 (6) during any period of temporary
medical disability during which time
38 the person obligated is unable because of
such temporary medical disa-
39 bility to practice
professional nursing; or (7)
during any period of time
40 the person obligated is enrolled and
actively engaged on a full-time basis
41 in a course of study leading to a degree in
the field of nursing which is
42 higher than that attained formerly by the
person obligated; (8) during
43 any period of time the person obligated
is on job-protected leave under
17
1 the federal family and medical
leave act of 1993; or (9) during any period
2 of time the state board of regents
determines that the person obligated is
3 unable because of special
circumstances to practice nursing. Except for
4 clause
clauses (6) of this subsection (a), (8)
and (9), an obligation under
5 any agreement entered into
under as provided in the nursing
student
6 service scholarship program
shall not be postponed more than five years
7 from the time the obligation was to
have been commenced under any
8 such agreement. An obligation under
any agreement under entered into
9 as provided in the nursing
student service scholarship program shall
be
10 postponed under clause (6) of this
subsection (a) during the period of
11 time the medical disability exists. An
obligation under any agreement
12 entered into as provided in the nursing
service scholarship program shall
13 be postponed under clause (8) during the
period of time the person obli-
14 gated remains on FMLA leave. An
obligation under any agreement en-
15 tered into as provided in the nursing
service scholarship program shall
16 be postponed under clause (9) during the
period of time the state board
17 of regents determines that the special
circumstances exist. The state board
18 of regents shall adopt rules and
regulations prescribing criteria or guide-
19 lines for determination of the existence
of special circumstances causing
20 an inability to satisfy an obligation
under any agreement entered into as
21 provided in the nursing service
scholarship program, and shall determine
22 the documentation required to prove the
existence of such circumstances.
23 Except for clause
clauses (1) or clause, (6)
of this subsection (a), (8) and
24 (9), an obligation under any
agreement entered into under as
provided
25 in the nursing service
scholarship program shall not be postponed unless
26 the postponement is approved by the sponsor
or is otherwise provided
27 for in the agreement with the sponsor.
28 (b) An obligation
under any agreement under entered into as
pro-
29 vided in the nursing
student service scholarship program shall
be satisfied:
30 (1) If the obligation in accordance
with an agreement under the nursing
31 student scholarship
program has been completed in accordance with
the
32 agreement; (2) if the person
obligated dies; (3) if, because of permanent
33 physical disability, the person obligated
is unable to satisfy the obligation;
34 (4) if the person obligated fails to
satisfy the requirements for graduation
35 from the school of nursing after making the
best effort possible to do so;
36 (5) if the person obligated fails to
satisfy all requirements for a permanent
37 license to practice nursing in Kansas or
has been denied a license after
38 applying for a license and making the best
effort possible to obtain such
39 license; (6) if, because of bankruptcy,
loss of licensure or certification or
40 other failure in the operations of the
sponsor, the sponsor cannot or will
41 not employ the person obligated; or (7) if
the sponsor releases the person
42 obligated from employment with the sponsor
and the person obligated
43 otherwise completes the terms, conditions
and obligations of the agree-
18
1 ment under the nursing
student scholarship program by engaging in the
2 practice of nursing in Kansas.
3 Sec.
16. K.S.A. 74-3297 is hereby amended to read as follows:
74-
4 3297. The state board of regents,
after consultation with the committee,
5 may adopt rules and regulations
establishing minimum terms, conditions
6 and obligations which shall be
incorporated into the provisions of any
7 agreement entered into between a
sponsor and the recipient of a schol-
8 arship under the nursing
student service scholarship program. The
terms,
9 conditions and obligations shall be
consistent with the provisions of law
10 relating to the nursing
student service scholarship program. The
terms,
11 conditions and obligations so established
shall include, but not be limited
12 to, the terms of eligibility for financial
assistance under the nursing stu-
13 dent service
scholarship program, the amount of financial assistance to
14 be offered, the length of employment with
the sponsor required as a
15 condition to the receipt of such financial
assistance, the circumstances
16 under which such
the employment obligation may be discharged or for-
17 given, the amount of money required to be
repaid because of failure to
18 satisfy the obligations under an agreement
and the method of repayment
19 and such other additional provisions as may
be necessary to carry out the
20 provisions of the nursing
student service scholarship program. The
state
21 board of regents, after consultation with
the committee, shall adopt rules
22 and regulations establishing
criteria for evaluating the financial need of
23 applicants for scholarships and may
adopt such other rules and regulations
24 as may be necessary to
administer the nursing student service
scholarship
25 program.
26 Sec.
17. K.S.A. 1999 Supp. 74-3298 is hereby amended to read as
27 follows: 74-3298. (a) There is hereby
created in the state treasury the
28 nursing student
service scholarship program fund. The executive officer
29 shall remit all moneys received from
sponsors, which are paid under
30 K.S.A. 74-3294, and amendments
thereto, pursuant to scholarship
31 awards, or from a school of nursing, which
are paid because of nonat-
32 tendance or discontinued attendance by
scholarship recipients and which
33 are attributable to
sponsors, under the nursing student scholarship
pro-
34 gram to the state
treasurer at least monthly. Upon receipt of each such
35 remittance, the state treasurer shall
deposit the entire amount thereof in
36 the state treasury and such amount shall be
credited to the nursing stu-
37 dent service
scholarship program fund. All expenditures from the nursing
38 student service
scholarship program fund shall be for scholarships
39 awarded under the nursing
student service scholarship program or
re-
40 funds to sponsors and shall be made in
accordance with appropriation
41 acts upon warrants of the director of
accounts and reports issued pursuant
42 to vouchers approved by the executive
officer or by a person designated
43 by the executive officer.
19
1
(b) There is hereby created in the state
treasury The nursing student
2 scholarship discontinued attendance
fund. The executive officer shall re-
3 mit all moneys received under
the nursing student scholarship program
4 from a school of nursing,
which are paid because of nonattendance or
5 discontinued attendance by
scholarship recipients and which are attrib-
6 utable to sources other than
sponsors, to the state treasurer at least
7 monthly. Upon receipt of each
such remittance the state treasurer shall
8 deposit the entire amount
thereof in the state treasury, and such amount
9 shall be credited to the
nursing student scholarship discontinued attend-
10 ance fund. All expenditures from
the nursing student scholarship discon-
11 tinued attendance fund shall be for
scholarships awarded under the nurs-
12 ing student scholarship program and
shall be made in accordance with
13 appropriation acts upon warrants of
the director of accounts and reports
14 issued pursuant to vouchers
approved by the executive officer or by a
15 person designated by the executive
officer is hereby abolished. On the
16 effective date of this act, the director
of accounts and reports shall transfer
17 all moneys remaining in the nursing
student scholarship discontinued
18 attendance fund to the nursing service
scholarship program fund.
19 (c) There is
hereby created in the state treasury the nursing
student
20 service scholarship repayment fund.
The executive officer shall remit all
21 moneys received for amounts paid under
K.S.A. 74-3295, and amend-
22 ments thereto, to the state treasurer at
least monthly. Upon receipt of
23 each such remittance the state treasurer
shall deposit the entire amount
24 thereof in the state treasury, and such
amount shall be credited to the
25 nursing student
service scholarship repayment fund. All expenditures
26 from the nursing student
service scholarship repayment fund shall be for
27 scholarships awarded under the nursing
student service scholarship pro-
28 gram and shall be made in accordance with
appropriation acts upon war-
29 rants of the director of accounts and
reports issued pursuant to vouchers
30 approved by the executive officer or by a
person designated by the ex-
31 ecutive officer.
32 Sec.
18. K.S.A. 74-3299 is hereby amended to read as follows:
74-
33 3299. (a) There is hereby created the
nursing service scholarship review
34 committee which shall consist of the
following members appointed by
35 the governor: One member representing
Kansas hospitals; one member
36 representing Kansas adult care homes; one
member representing Kansas
37 registered nurses; one member representing
nursing education programs
38 other than at a college or
university under the control and supervision of
39 the state board of regents
state educational institution; and the chief ex-
40 ecutive officer of a college or
university under the control and supervision
41 of the state board of
regents state educational institution which
college
42 or university has a school
of nursing.
43 (b) The members
of the nursing service scholarship review commit-
20
1 tee appointed by the governor shall
be appointed for three-year terms
2 and shall serve until their
successors are appointed and qualified. Upon
3 the vacancy of a position on
the committee appointed by the governor,
4 the governor shall appoint a person
of like qualifications to fill such po-
5 sition. If a vacancy occurs prior to
the expiration of a term, the governor
6 shall appoint a person of like
qualifications to fill such position for the
7 unexpired term.
8 (c) The
nursing service scholarship review committee shall elect
an-
9 nually from among its members a
chairperson. The committee shall meet
10 on the call of the chairperson or upon the
request of a majority of the
11 members of the committee. A majority of the
members of the committee
12 shall constitute a quorum.
13 (d) The nursing
service scholarship review committee shall provide
14 oversight of the nursing
student service scholarship program and
shall be
15 advisory to the executive officer and the
state board of regents in the
16 administration of such program. The
committee shall exercise such other
17 powers and duties as may be specified by
law.
18 (e) The executive
officer and other office staff of the state board of
19 regents shall provide staff assistance to
the nursing service scholarship
20 review committee.
21 (f) The members
of the nursing service scholarship review committee
22 who are not state officers or employees and
who are attending meetings
23 of such committee, or attending a
subcommittee meeting thereof au-
24 thorized by such committee, shall be
paid eligible for amounts provided
25 in subsection (e) of K.S.A. 75-3223,
and amendments thereto. Amounts
26 paid under this subsection (f) shall be
from appropriations to the state
27 board of regents upon warrants of the
director of accounts and reports
28 issued pursuant to vouchers approved by the
executive officer or a person
29 designated by the executive officer.
30 Sec.
19. K.S.A. 74-32,100 is hereby amended to read as follows:
74-
31 32,100. This act shall be known and may be
cited as the teacher service
32 scholarship program.
33 Sec.
20. K.S.A. 74-32,101 is hereby amended to read as follows:
74-
34 32,101. As used in this act:
35 (a) ``Executive
officer'' means the executive officer of the state board
36 of regents appointed under K.S.A. 74-3203,
and amendments thereto;
37 (b) ``qualified
student'' means a person who: (1) Is a resident of the
38 state of Kansas; (2) has been accepted for
admission to or is enrolled full
39 time in a course of instruction leading to
certification in a hard-to-fill
40 teaching discipline as
a teacher; and (3) has qualified for the award of a
41 scholarship under the teacher
service scholarship program on the basis
42 of having demonstrated scholastic ability,
or who has previously so qual-
43 ified and remains qualified for renewal of
the scholarship on the basis of
21
1 remaining in good standing and making
satisfactory progress toward com-
2 pletion of the requirements of the
course of instruction in which enrolled;
3
(c) ``hard-to-fill teaching discipline'' means a teaching
discipline in
4 which there is a critical shortage of
teachers as determined and specified
5 by the state board of
education.;
6
(d) ``underserved area'' means a geographical area of the
state in
7 which there is a critical shortage
of teachers as determined and specified
8 by the state board of
education.
9 Sec.
21. K.S.A. 74-32,102 is hereby amended to read as follows:
74-
10 32,102. (a) There is hereby established the
teacher service scholarship
11 program. A scholarship may be awarded under
the teacher service schol-
12 arship program to any qualified student and
may be renewed for each
13 such student who remains qualified for the
scholarship. The number of
14 new scholarships awarded under the program
in each year shall not ex-
15 ceed 50. Determination of the students
qualified for such scholarships
16 shall be made by the executive officer.
Scholastic ability shall be deter-
17 mined on the basis of any one or more of
the following: (1) High ACT or
18 SAT score; (2) rank in high school
graduation class; (3) cumulative high
19 school or college grade point average; or
(4) any other indicator of scho-
20 lastic ability which the state board of
regents determines to be demon-
21 strative of potential for successful
completion of a course of instruction
22 leading to certification in a
hard-to-fill teaching discipline as a teacher.
23 To the extent practicable and consistent
with qualification factors, con-
24 sideration shall be given to students who
are members of ethnic minority
25 groups.
26 (b) A scholarship
awarded under the program shall provide for pay-
27 ment to a qualified student of a
stipend in the amount of $5,000 (1) an
28 amount not to exceed 70% of the cost of
attendance for an academic year
29 at the teacher education school in which
the qualified student is enrolled
30 if such teacher education school is
maintained by a state educational in-
31 stitution or (2) an amount not to exceed
70% of the average amount of
32 the cost of attendance for an academic
year at the teacher education
33 schools maintained by the state
educational institutions if the teacher ed-
34 ucation school in which the qualified
student is enrolled is not a state
35 educational institution. A qualified
student may be awarded a scholarship
36 for not more than four academic years of
undergraduate study, except
37 that a qualified student who is enrolled
full time in a course of instruction
38 leading to certification in a
hard-to-fill teaching discipline for which
grad-
39 uate study is required may be awarded a
scholarship for the duration of
40 the course of instruction.
41 Sec.
22. K.S.A. 74-32,103 is hereby amended to read as follows:
74-
42 32,103. (a) An applicant for designation as
a qualified student and for the
43 award of a scholarship under the teacher
service scholarship program shall
22
1 provide to the executive officer, on
forms supplied by the executive of-
2 ficer, information required by the
executive officer.
3 (b) As a
condition to awarding a scholarship under this act, the ex-
4 ecutive officer and the applicant
shall enter into an agreement which shall
5 require the applicant to:
6
(1) Complete the required course of instruction leading to
certifica-
7 tion in a hard-to-fill
teaching discipline as a teacher;
8 (2) engage
in teaching in Kansas in an underserved area or in a
hard-
9 to-fill teaching discipline
in Kansas and comply with such other terms and
10 conditions as may be specified by such
agreement;
11 (3) commence
teaching on a full-time basis in a hard-to-fill
teaching
12 discipline in Kansas in an
accredited public or private elementary or sec-
13 ondary school in accordance with the
agreement, which shall be and con-
14 tinue teaching on a full-time basis
for a period of not less than the length
15 of the course of instruction for which the
scholarship was awarded or
16 commence teaching on a part-time basis
in Kansas in an accredited public
17 or private elementary or secondary
school in accordance with the agree-
18 ment and continue teaching on such a
part-time basis for a period of time
19 that is equivalent to full time, as
determined by the state board of regents,
20 multiplied by the length of the course
of instruction for which the schol-
21 arship was awarded;
22 (4) commence
teaching in Kansas on a full-time or part-time basis
23 within six months after certification
and continue teaching for the period
24 of time required by the
agreement;
25 (4)
(5) maintain records and make reports to the executive
officer as
26 required by the executive officer to
document the satisfaction of the ob-
27 ligations under this act and the agreement;
and
28 (5)
(6) upon failure to satisfy an agreement to engage in
teaching in
29 an underserved area or in a
hard-to-fill teaching discipline for the re-
30 quired period of time under any such
agreement, repay to the state
31 amounts as provided in K.S.A. 74-32,104,
and amendments thereto.
32 Sec.
23. K.S.A. 1999 Supp. 74-32,104 is hereby amended to read
as
33 follows: 74-32,104. (a) Except as
provided in K.S.A. 74-32,105, and
34 amendments thereto, upon the failure of any
person to satisfy the obli-
35 gation under any agreement entered into
pursuant to the teacher service
36 scholarship program, such person shall pay
to the executive officer an
37 amount equal to the total amount of money
received by such person
38 pursuant to such agreement plus
annual accrued interest at a rate
of 15%,
39 which is equivalent to the interest rate
applicable to loans made under
40 the federal PLUS program at the time
such person first entered into an
41 agreement plus
two five percentage
points. Amounts of payment under
42 this section shall be adjusted
proportionately for full years of the obliga-
43 tion that have been satisfied. Installment
payments of any such amounts
23
1 may be made in accordance with the
provisions of the agreement entered
2 into by the scholarship recipient or
if no such provisions exist in such
3 agreement, in accordance with rules
and regulations of the state board of
4 regents, except that such installment
payments shall commence six
5 months after the date of the action
or circumstances that cause the failure
6 of the person to satisfy the
obligations of such agreements, as determined
7 by the executive officer based upon
the circumstances of each individual
8 case. Amounts paid under this section
to the executive officer shall be
9 deposited in the teacher
service scholarship repayment fund in accord-
10 ance with K.S.A. 74-32,107, and
amendments thereto.
11 (b) The state
board of regents is authorized to turn any repayment
12 account arising under the teacher
service scholarship program over to a
13 designated loan servicer or collection
agency, the state not being involved
14 other than to receive payments from the
loan servicer or collection agency
15 at the interest rate prescribed under
this section.
16 Sec.
24. K.S.A. 74-32,105 is hereby amended to read as follows:
74-
17 32,105. (a) Except as otherwise specified
in the agreement, an obligation
18 under any agreement entered into under the
teacher service scholarship
19 program shall be postponed: (1) During any
required period of active
20 military service; (2) during any period
of service as a part of volunteers
21 in service to America (VISTA); (3)
during any period of service in the
22 peace corps; (4) during any period of
service commitment to the United
23 States public health service; (5) during
any period of religious missionary
24 work conducted by an organization exempt
from tax under section
25 501(c)(3) of the federal internal
revenue code as in effect on December
26 31, 1999; (2)
(6) during any period of temporary medical
disability during
27 which time the
person obligated is unable because of such
temporary
28 medical disability to teach a
hard-to-fill teaching discipline; or (3)
(7)
29 during any period of time the person
obligated is enrolled and actively
30 engaged on a full-time basis in a course of
study leading to a degree in
31 the field of education as a
hard-to-fill teaching discipline which is higher
32 than that formerly attained
formerly by the person obligated; (8)
during
33 any period of time the person obligated
is on job-protected leave under
34 the federal family and medical leave act
of 1993; or (9) during any period
35 of time the state board of regents
determines that the person obligated is
36 unable because of special circumstances
to teach. Except for clause (2) of
37 this subsection (a)
clauses (6), (8) and (9), an obligation under any agree-
38 ment entered into under
as provided in the teacher service scholarship
39 program shall not be postponed more than
five years from the time the
40 obligation was to have been commenced under
any such agreement. An
41 obligation under any agreement
under entered into as provided in the
42 teacher service scholarship program
shall be postponed under clause (2)
43 of this subsection (a)
(6) during the period of time the medical disability
24
1 exists. Except for clause (1)
or clause (2) of this subsection (a), An obli-
2 gation under any agreement entered
into under as provided in the teacher
3 service scholarship program
shall not be postponed unless the
postpone-
4 ment is provided for in the
agreement under clause (8) during the period
5 of time the person obligated
remains on FMLA leave. An obligation to
6 engage in teaching in accordance
with an agreement under the teacher
7 service scholarship program shall
be postponed under clause (9) during
8 the period of time the state board
of regents determines that the special
9 circumstances exist. The state
board of regents shall adopt rules and reg-
10 ulations prescribing criteria or
guidelines for determination of the exis-
11 tence of special circumstances causing
an inability to teach, and shall
12 determine the documentation required to
prove the existence of such
13 circumstances.
14 (b) An obligation
under any agreement under entered into as
pro-
15 vided in the teacher service
scholarship program shall be satisfied: (1) If
16 the obligation in accordance with
an agreement under the scholarship
17 program has been completed
in accordance with the agreement; (2) if the
18 person obligated dies; (3) if, because of
permanent physical disability, the
19 person obligated is unable to satisfy the
obligation; or (4) if the person
20 obligated fails to satisfy
all the requirements to enable the
recipient to
21 teach a hard-to-fill teaching
discipline for a graduation from a teacher
22 education program after making the
best effort possible; (5) if the person
23 obligated fails to satisfy all
requirements for certification to teach in Kan-
24 sas or has been denied certification
after applying for a certificate to teach
25 and making the best effort possible to
obtain such certificate; or (6) if the
26 person obligated is unable to obtain
employment as a teacher in an un-
27 derserved area or in a hard-to-fill
teaching discipline after making the
28 best effort possible to obtain such
employment and the person obligated
29 otherwise completes the terms,
conditions and obligations of the
30 agreement.
31 Sec.
25. K.S.A. 74-32,106 is hereby amended to read as follows:
74-
32 32,106. The state board of regents shall
adopt rules and regulations for
33 administration of the teacher
service scholarship program and shall es-
34 tablish terms, conditions and obligations
which shall be incorporated into
35 the provisions of any agreement entered
into between the executive of-
36 ficer and an applicant for the award of a
scholarship under the program.
37 The terms, conditions and obligations shall
be consistent with the provi-
38 sions of law relating to the program and
shall include, but not be limited
39 to, the circumstances under which
eligibility for financial assistance under
40 the program may be terminated, the amount
of financial assistance to be
41 provided, the circumstances under which
obligations may be discharged
42 or forgiven, the amount of money required
to be repaid because of failure
43 to satisfy the obligations under an
agreement and the method of
25
1 repayment.
2 Sec.
26. K.S.A. 1999 Supp. 74-32,107 is hereby amended to read
as
3 follows: 74-32,107. (a) There is
hereby created in the state treasury the
4 teacher service scholarship
program fund. The executive officer shall re-
5 mit all moneys received under the
teacher service scholarship program,
6 which are paid because of
nonattendance or discontinuance by scholar-
7 ship recipients, to the state
treasurer at least monthly. Upon receipt of
8 each such remittance the state
treasurer shall deposit the entire amount
9 thereof in the state treasury, and
such amount shall be credited to the
10 teacher service scholarship program
fund. All expenditures from the
11 teacher service scholarship program
fund shall be for scholarships
12 awarded under the teacher service
scholarship program and shall be made
13 in accordance with appropriation acts upon
warrants of the director of
14 accounts and reports issued pursuant to
vouchers approved by the exec-
15 utive officer or by a person designated by
the executive officer.
16 (b) There is
hereby created in the state treasury the teacher service
17 scholarship repayment fund. The executive
officer shall remit all moneys
18 received under the teacher service
scholarship program, which are for
19 payment of amounts pursuant to K.S.A.
74-32,104, and amendments
20 thereto, to the state treasurer at least
monthly. Upon receipt of each such
21 remittance the state treasurer shall
deposit the entire amount thereof in
22 the state treasury, and such amount shall
be credited to the teacher serv-
23 ice scholarship repayment fund. All
expenditures from the teacher service
24 scholarship repayment fund shall be for
scholarships awarded under the
25 teacher service scholarship program
and shall be made in accordance with
26 appropriation acts upon warrants of the
director of accounts and reports
27 issued pursuant to vouchers approved by the
executive officer or by a
28 person designated by the executive
officer.
29 Sec.
27. K.S.A. 1999 Supp. 74-32,114 is hereby amended to read
as
30 follows: 74-32,114. (a) A fellowship may be
awarded under the Kansas
31 ethnic minority fellowship program to any
qualified ethnic minority grad-
32 uate student and may be renewed for each
such student who remains
33 qualified for the fellowship. Subject to
appropriations therefor, the num-
34 ber of new fellowships awarded under the
program in each year shall not
35 exceed 40. Determination of the graduate
students qualified for such
36 fellowships shall be made by the executive
officer in consultation with the
37 chief academic officers of the state
educational institutions. The state
38 board of regents shall establish, by rules
and regulations, indicators of
39 scholastic ability for determination of the
qualifications of ethnic minority
40 graduate students for the award of
fellowships under the program.
41 (b) A fellowship
awarded under the program shall provide for pay-
42 ment to a qualified ethnic minority
graduate student of a stipend in the
43 an amount of $8,000
not to exceed the amount of the cost of attendance
26
1 for an academic year at the state
educational institution in which the
2 graduate student is enrolled.
Such stipends may be enhanced by the state
3 educational institutions. A qualified
ethnic minority graduate student may
4 be awarded a fellowship in each
academic year until the requirements of
5 the graduate program in which the
student is enrolled are completed.
6 Sec.
28. K.S.A. 1999 Supp. 74-32,115 is hereby amended to read
as
7 follows: 74-32,115. (a) An applicant
for designation as a qualified ethnic
8 minority graduate student and for the
award of a fellowship under the
9 Kansas ethnic minority fellowship
program shall provide such information
10 to the executive officer as the executive
officer may require.
11 (b) As a
condition to awarding a fellowship under this act, the exec-
12 utive officer and the applicant shall enter
into an agreement which shall
13 require the applicant to:
14 (1) Complete the
requirements of the graduate program in which
15 enrolled;
16 (2) enter into
the employ full-time employment in Kansas
of an ac-
17 credited educational
elementary or secondary school or an accredited
18 institution in Kansas
of postsecondary education and continue in such
19 employment for a period of time not less
than the period for which fi-
20 nancial assistance was provided under the
program or enter into the part-
21 time employment in Kansas of an
accredited elementary or secondary
22 school or an accredited institution of
postsecondary education and con-
23 tinue in such employment for a period of
time that is equivalent to full
24 time, as determined by the state board
of regents, multiplied by the period
25 for which financial assistance was
provided under the program;
26 (3) enter into
the full-time or part-time employment in Kansas of an
27 accredited elementary or secondary
school or an accredited institution of
28 postsecondary education within six
months after completion of the
29 requirements of the graduate program in
which enrolled or within six
30 months after completion of the
requirements of such program and certi-
31 fication to teach if necessary,
whichever is later, and continue such em-
32 ployment for the period of time required
by the agreement;
33 (3)
(4) maintain records and make reports to the executive
officer as
34 required by the executive officer to
document the satisfaction of the ob-
35 ligations under this act and the agreement;
and
36 (4)
(5) upon failure to satisfy any obligation under this
act or the
37 agreement, repay to the state amounts as
provided in K.S.A. 1999 Supp.
38 74-32,116, and amendments
thereto.
39 Sec.
29. K.S.A. 1999 Supp. 74-32,116 is hereby amended to read
as
40 follows: 74-32,116. (a) Except as
provided in K.S.A. 1999 Supp. 74-
41 32,117, and amendments thereto, upon
the failure of a person to satisfy
42 any obligation under an agreement entered
into pursuant to in accordance
43 with the Kansas ethnic minority
fellowship program, such person shall
27
1 pay to the executive officer an
amount equal to the total amount of money
2 received by such person pursuant to
such agreement plus annual accrued
3 interest from the date such money
was received at a rate of 15%,
which
4 is equivalent to the interest rate
applicable to loans made under the federal
5 PLUS program at the time such
person first entered into an agreement
6 plus
two five percentage
points. Amounts of payment under this section
7 shall be adjusted
proportionately for full years of performance of the
8 obligations that have been satisfied.
Installment payments of any such
9 amounts may be made in accordance
with the provisions of the agreement
10 entered into by the fellowship recipient or
if no such provisions exist in
11 such agreement, in accordance with rules
and regulations of the state
12 board of regents, except that such
installment payments shall commence
13 six months after the date of the action or
circumstances that cause the
14 failure of the person to satisfy the
obligations of such agreements, as
15 determined by the executive officer based
upon the circumstances of each
16 individual case. Amounts paid under this
section to the executive officer
17 shall be deposited in the Kansas ethnic
minority fellowship program fund
18 in accordance with K.S.A. 1999 Supp.
74-32,119, and amendments
19 thereto.
20 (b) The state
board of regents is authorized to turn any repayment
21 account arising under the Kansas ethnic
minority fellowship program over
22 to a designated loan servicer or
collection agency, the state not being
23 involved other than to receive payments
from the loan servicer or collec-
24 tion agency at the interest rate
prescribed under this section.
25 Sec.
30. K.S.A. 1999 Supp. 74-32,117 is hereby amended to read
as
26 follows: 74-32,117. (a) Except as otherwise
specified in the agreement,
27 an obligation under any agreement entered
into under in accordance with
28 the Kansas ethnic minority fellowship
program shall be postponed: (1)
29 During any required period of active
military service; (2) during any pe-
30 riod of service as a part of volunteers
in service to America (VISTA); (3)
31 during any period of service in the
peace corps; (4) during any period of
32 service commitment to the United States
public health service; (5) during
33 any period of religious missionary work
conducted by an organization
34 exempt from tax under section 501(c)(3)
of the federal internal revenue
35 code as in effect on December 31,
1999; (2) (6) during any period of
36 temporary medical
disability time in which the person obligated is
unable
37 because of such
temporary medical disability to commence or
continue
38 performance in satisfaction of the
obligation; or (3) (7) during any
period
39 of time the person obligated is enrolled
and actively engaged on a full-
40 time basis in a graduate program leading to
a degree which is higher than
41 that formerly attained
formerly by the person obligated; (8) during
any
42 period of time the person obligated is
on job-protected leave under the
43 federal family and medical leave act of
1993; or (9) during any period of
28
1 time the state board of regents
determines that the person obligated is
2 unable because of special
circumstances to commence or continue per-
3 formance in satisfaction of the
obligation. Except for clause (2) of this
4 subsection (a)
clauses (6), (8) and (9), an obligation under any
agreement
5 entered into under
in accordance with the Kansas ethnic minority fellow-
6 ship program shall not be postponed
more than five years from the time
7 performance of the obligation was to
have been commenced under any
8 such agreement. An obligation under
any agreement under entered into
9 in accordance with the program
shall be postponed under clause (2) of
10 this subsection (a)
(6) during the period of time the medical disability
11 exists. Except for clause (1) or
clause (2) of this subsection (a), An obli-
12 gation under any agreement entered into
under in accordance with the
13 program shall not be
postponed unless the postponement is provided
for
14 in the agreement under
clause (8) during the period of time the person
15 obligated remains on FMLA leave. An
obligation to commence or continue
16 performance in satisfaction of the
obligation in accordance with an agree-
17 ment under the Kansas ethnic minority
fellowship program shall be post-
18 poned under clause (9) during the period
of time the state board of regents
19 determines that the special
circumstances exist. The state board of regents
20 shall adopt rules and regulations
prescribing criteria or guidelines for
21 determination of the existence of
special circumstances causing an inabil-
22 ity to commence or continue performance
in satisfaction of the obligation,
23 and shall determine the documentation
required to prove the existence of
24 such circumstances.
25 (b) An obligation
under any agreement under entered into in
accord-
26 ance with the Kansas ethnic minority
fellowship program shall be satis-
27 fied: (1) If performance of the obligation
in accordance with an agreement
28 entered into under the
program has been completed in accordance with
29 the agreement; (2) if the person
obligated dies; (3) if, because of perma-
30 nent physical disability, the person
obligated is unable to satisfy the ob-
31 ligation; or (4) if the
person obligated fails to satisfy all the
requirements
32 to enable the person to enter into
the employ of of the graduate program
33 in which enrolled after making the best
effort possible; (5) if the person
34 obligated fails to satisfy all
requirements for certification to teach in Kan-
35 sas, if certification is necessary to
obtain employment as provided in the
36 agreement; or (6) if the person
obligated is unable to obtain employment
37 in an accredited elementary or secondary
school or an accredited edu-
38 cational institution of
postsecondary education in Kansas and to continue
39 in such employment after making the best
effort possible.
40 Sec.
31. K.S.A. 1999 Supp. 74-3256 is hereby amended to read as
41 follows: 74-3256. (a) The state board of
regents shall:
42 (1) Adopt rules
and regulations for the administration of this act;
43 (2) provide for
enrollment without charge of tuition at each
ROTC
29
1 institution of
the award of ROTC service scholarships to eligible
students
2 who qualify therefor, as determined
by the selection committee, for not
3 to exceed in any academic year
a total of 40 eligible students in any
4 academic year if the
at each ROTC institution is a state educational
in-
5 stitution and if the ROTC
institution is a municipal university, for not to
6 exceed a total of 10 eligible
students in the 1996-97 academic year, 20
7 eligible students in the
1997-98 academic year, 30 eligible students in the
8 1998-99 academic year and 40
eligible students in the 1999-2000 aca-
9 demic year and in academic
years thereafter. This provision is subject to
10 the provisions of subsection
(c);
11
(3) publicize provide information
regarding application procedures
12 and provide application
forms;
13 (4) require any
ROTC institution to promptly furnish upon request
14 any information which relates to the
administration or effect of this act.
15
(b) Any If the ROTC institution at
which enrollment of an eligible
16 students without charge of tuition
is provided for under subsection (a)(2)
17 may file a claim with the state
board of regents for reimbursement of the
18 amount of such tuition
student who qualifies for an ROTC service schol-
19 arship is enrolled is a state
educational institution, the scholarship shall
20 provide to the student an amount not to
exceed 70% of the cost of at-
21 tendance at the institution for an
academic year. If the ROTC institution
22 at which an eligible student who
qualifies for an ROTC service scholarship
23 is enrolled is a municipal
university, the amount of reimbursement for
24 each eligible student for whom
enrollment is provided without charge of
25 tuition shall be at a rate not
greater than the maximum rate of tuition
26 that would be charged by
scholarship shall provide to the student an
27 amount not to exceed 70% of the average
amount of the cost of attendance
28 at the state educational
institutions for enrollment of the eligible
student
29 an academic year. Within the
limitations of appropriations therefor, the
30 state board of regents shall be
responsible for payment of reimbursements
31 to ROTC institutions upon
certification by each such institution of the
32 amount of reimbursement to which
entitled. Payments to of ROTC
in-
33 stitutions service
scholarships shall be made upon pursuant
to vouchers
34 approved by the state board of regents and
upon warrants of the director
35 of accounts and reports. Payments may be
made by issuance of a single
36 warrant to each ROTC institution at which
one or more eligible students
37 are enrolled for the total amount of
tuition not charged scholarships for
38 all eligible students for
enrollment enrolled at that institution. The
direc-
39 tor of accounts and reports shall cause
such warrant to be delivered to
40 the ROTC institution at which such eligible
student or students are en-
41 rolled. If an eligible student discontinues
attendance before the end of
42 any academic year, after the ROTC
institution has received payment un-
43 der this subsection, the institution shall
pay to the state the entire amount
30
1 which such eligible student would
otherwise qualify to have refunded,
2 not to exceed the amount of the
payment made by the state in behalf of
3 such student
under the ROTC service scholarship for the academic
year.
4 All amounts paid to the state by ROTC
institutions under this subsection
5 shall be deposited in the state
treasury and credited to the state general
6 ROTC service scholarship
program fund.
7 (c) If
all ROTC service scholarships authorized to be awarded to
el-
8 igible students at each ROTC
institution have not been awarded by a date
9 established by the state board of
regents, the scholarships that have not
10 been awarded by that date may be awarded
to eligible students at any
11 ROTC institution if such students are
qualified for such scholarships as
12 determined by the appropriate selection
committee. The determination to
13 award ROTC service scholarships under
this subsection to eligible stu-
14 dents who are qualified for such
scholarships shall be made by the state
15 board of regents after consultation with
the adjutant general.
16 Sec.
32. K.S.A. 1999 Supp. 74-3257 is hereby amended to read as
17 follows: 72-3457. Every eligible student
who qualifies therefor for the
18 award of an ROTC service
scholarship, as determined by the appropriate
19 selection committee, may enroll
annually for both the fall and spring
20 semesters, not to exceed eight
semesters, in an ROTC institution without
21 charge of tuition. Once an eligible
student qualifies for the benefits pro-
22 vided for under this act, such
eligible student shall remain qualified for
23 not to exceed eight semesters of
undergraduate study unless the appro-
24 priate selection committee determines that
such eligible student is dis-
25 qualified for failure to meet any or all of
the requirements imposed under
26 the provisions of this act.
27 Sec.
33. K.S.A. 1999 Supp. 74-3258 is hereby amended to read as
28 follows: 74-3258. The selection committee
of each ROTC institution shall:
29 (a) Receive and
register the names of all eligible students who apply
30 for the benefits provided for under
this act ROTC service scholarships;
31 (b) select
methods for determining which eligible students are to be
32 recipients of the benefits under
this act ROTC service scholarships;
33 (c) designate and
notify the eligible students selected to receive
the
34 benefits provided for under this
act ROTC service scholarships.
35 Sec.
34. K.S.A. 1999 Supp. 74-3259 is hereby amended to read as
36 follows: 74-3259. In order to apply for
qualification for the benefits pro-
37 vided for under this act
an ROTC service scholarship, an eligible student,
38 if selected to receive benefits
under this act such a scholarship, shall agree
39 to:
40 (a) Maintain
standards of academic excellence and other standards
41 required to remain in good standing;
42 (b) maintain
minimum full-time enrollment of at least 12 credit hours
43 each semester;
31
1
(c) participate in the reserve officers' training corps
program;
2
(d) demonstrate the qualities required in a commissioned
officer;
3
(e) immediately upon graduation from an ROTC
institution, accept
4 a commission as a second lieutenant
and serve for not less than four years
5 as a commissioned officer in the
Kansas national guard.; and
6 (f) upon
failure to satisfy an agreement to serve as a commissioned
7 officer in the Kansas national
guard for the required four-year period,
8 repay to the state amounts as
provided in K.S.A. 74-3260, and amend-
9 ments thereto.
10 Sec.
35. K.S.A. 1999 Supp. 74-3260 is hereby amended to read as
11 follows: 74-3260. (a) Upon the
failure of any person, who as an eligible
12 student qualified for and received
benefits provided for under this act
13 payments under an ROTC service
scholarship, to remain eligible and
14 qualified or to satisfy the obligation to
accept a commission and serve as
15 an officer in the Kansas national guard for
the required period of time
16 under an agreement entered into pursuant to
this act, such person shall
17 serve for not less than four years
as an enlisted member of the Kansas
18 national guard, or pay to
the state of Kansas an amount equal to the total
19 amount of benefits
payments received by such person plus accrued in-
20 terest from the date such payments were
received at a rate which is equiv-
21 alent to the interest rate applicable to
loans made under the federal PLUS
22 program at the time such person first
entered into an agreement plus two
23 five percentage
points. Such payment shall commence within 30 days,
24 and be completed within five
years, after the date of the act or circum-
25 stance that causes the failure of the
person to remain eligible and qualified
26 or to satisfy the obligation of such
agreement. Payments under this section
27 shall be installment payments and each
such installment shall be not less
28 than an amount equal to 1/5 of the total
amount which would be required
29 to be paid if paid in five equal annual
installments. If an installment
30 payment becomes 91 days overdue, the
entire amount outstanding shall
31 become immediately due and payable,
including all interest at the rate
32 prescribed. Amounts paid under this
section shall be deposited in the state
33 treasury and credited to the ROTC
service scholarship repayment fund
34 as provided in section 36, and
amendments thereto.
35 (b) The state
board of regents is authorized to turn any repayment
36 account arising under the ROTC service
scholarship program over to a
37 designated loan servicer or collection
agency, the state not being involved
38 other than to receive payments from the
loan servicer or collection agency
39 at the interest rate prescribed under
this section.
40 New Sec.
36. (a) There is hereby created in the state treasury the
41 ROTC service scholarship program fund. The
state board of regents shall
42 remit all moneys received under the ROTC
service scholarship program,
43 which are paid because of nonattendance or
discontinuance by scholar-
32
1 ship recipients, to the state
treasurer at least monthly. Upon receipt of
2 each such remittance the state
treasurer shall deposit the entire amount
3 thereof in the state treasury, and
such amount shall be credited to the
4 ROTC service scholarship program
fund. All expenditures from the
5 ROTC service scholarship program fund
shall be for ROTC service schol-
6 arships and shall be made in
accordance with appropriation acts upon
7 warrants of the director of accounts
and reports issued pursuant to vouch-
8 ers approved by the state board of
regents or by a person designated by
9 the state board.
10 (b) There is
hereby created in the state treasury the ROTC service
11 scholarship repayment fund. The state board
of regents shall remit all
12 moneys received under the ROTC service
scholarship program, which
13 are for payment of amounts pursuant to
K.S.A. 74-3260, and amendments
14 thereto, to the state treasurer at least
monthly. Upon receipt of each such
15 remittance the state treasurer shall
deposit the entire amount thereof in
16 the state treasury, and such amount shall
be credited to the ROTC service
17 scholarship repayment fund. All
expenditures from the ROTC service
18 scholarship repayment fund shall be for
scholarships awarded under the
19 ROTC service scholarship program and shall
be made in accordance with
20 appropriation acts upon warrants of the
director of accounts and reports
21 issued pursuant to vouchers approved by the
state board of regents or by
22 a person designated by the state board.
23 New Sec.
37. (a) Except as otherwise specified in the agreement, an
24 obligation under any agreement entered into
in accordance with the
25 ROTC service scholarship program shall be
postponed: (1) During any
26 period of service as a part of volunteers
in service to America (VISTA);
27 (2) during any period of service in the
peace corps; (3) during any period
28 of service commitment to the United States
public health service; (4)
29 during any period of religious missionary
work conducted by an organi-
30 zation exempt from tax under section
501(c)(3) of the federal internal
31 revenue code as in effect on December 31,
1999; (5) during any period
32 of time in which the person obligated is
unable because of temporary
33 medical disability to commence or continue
performance in satisfaction
34 of the obligation; (6) during any period of
time the person obligated is
35 enrolled and actively engaged on a
full-time basis in a graduate program
36 leading to a degree which is higher than
that formerly attained; (7) during
37 any period of time the person obligated is
on job-protected leave under
38 the federal family and medical leave act of
1993; or (8) during any period
39 of time the state board of regents
determines that the person obligated
40 is unable because of special circumstances
to commence or continue per-
41 formance in satisfaction of the obligation.
Except for clauses (5), (7) and
42 (8), an obligation under any agreement
entered into in accordance with
43 the ROTC service scholarship program shall
not be postponed more than
33
1 five years from the time performance
of the obligation was to have been
2 commenced under any such agreement.
An obligation under any agree-
3 ment entered into in accordance with
the program shall be postponed
4 under clause (5) during the period of
time the medical disability exists.
5 An obligation under any agreement
entered into in accordance with the
6 program shall be postponed under
clause (7) during the period of time
7 the person obligated remains on FMLA
leave. An obligation to commence
8 or continue performance in
satisfaction of the obligation in accordance
9 with an agreement under the ROTC
service scholarship program shall be
10 postponed under clause (8) during the
period of time the state board of
11 regents determines that the special
circumstances exist. The state board
12 of regents shall adopt rules and
regulations prescribing criteria or guide-
13 lines for determination of the existence of
special circumstances causing
14 an inability to commence or continue
performance in satisfaction of the
15 obligation, and shall determine the
documentation required to prove the
16 existence of such circumstances.
17 (b) An obligation
under any agreement entered into in accordance
18 with the ROTC service scholarship program
shall be satisfied: (1) If per-
19 formance of the obligation has been
completed in accordance with the
20 agreement; (2) if the person obligated
serves for not less than four years
21 as an enlisted member of the Kansas
national guard; (3) if the person
22 obligated dies; (4) if, because of
permanent physical disability, the person
23 obligated is unable to satisfy the
obligation; (5) if the person obligated
24 fails to satisfy the requirements of the
academic program in which en-
25 rolled after making the best effort
possible; (6) if the person obligated
26 fails to satisfy all requirements for
participation in the reserve officers'
27 training corps program after making the
best effort possible; or (7) if the
28 person obligated fails to satisfy all
requirements for commission as a sec-
29 ond lieutenant in the Kansas national guard
after making the best effort
30 possible.
31 New Sec.
38. (a) Within the limits of appropriations for dental
serv-
32 ice scholarships, and in accordance
with the provisions of this section, the
33 state board of regents may award
such scholarships to Kansas residents
34 who are undergraduate students
enrolled in or admitted to accredited
35 schools of dentistry in a course of
instruction leading to the degree of
36 doctor of dental surgery or doctor
of dental medicine and who enter into
37 a written agreement with the state
board of regents as provided in section
38 39, and amendments
thereto.
39
(b) Dental service scholarships shall be in effect for the
period of
40 time specified in subsection (c)
and shall provide to the person receiving
41 the scholarship the payment of an
amount not to exceed 70% of the cost
42 of attendance for one academic year
at the school of dentistry in which
43 the person is
enrolled.
34
1
(c) Dental service scholarships shall be awarded on an annual
basis
2 and shall be in effect for
one year unless otherwise terminated before the
3 expiration of such period of
time. A Kansas resident who is an under-
4 graduate student enrolled in
or admitted to an accredited school of den-
5 tistry in a course of
instruction leading to the degree of doctor of dental
6 surgery or doctor of dental
medicine may be awarded a scholarship for
7 each year the student enters
into a written agreement with the state board
8 of regents as provided in
section 39, and amendments thereto, up to a
9 maximum of four years. For
each year a student is awarded a scholarship,
10 the student shall engage in the
practice of dentistry in Kansas for the
11 period of time specified in
subsection (a)(3) of section 39, and amend-
12 ments thereto, unless such
obligation is otherwise satisfied as provided in
13 section 42, and amendments
thereto.
14 (d) The
state board of regents shall not award more than 15
dental
15 service scholarships in any year to
persons who have not previously been
16 awarded such a scholarship and, in
any case, the state board shall not
17 award more than 60 such
scholarships in any year. In selecting Kansas
18 residents to be awarded dental
service scholarships, the state board shall
19 give primary consideration to
students commencing their first year of
20 instruction at accredited schools
of dentistry and thereafter shall consider
21 students in later years of
instruction.
22 New Sec.
39. (a) An agreement entered into by the state board
of
23 regents and a Kansas resident who
is an undergraduate student enrolled
24 in or admitted to an accredited
school of dentistry in a course of instruc-
25 tion leading to the degree of
doctor of dental surgery or doctor of dental
26 medicine for the awarding of a
dental service scholarship shall require
27 that the person receiving the
scholarship:
28
(1) Complete the required course of instruction and receive
the de-
29 gree of doctor of dental surgery or
doctor of dental medicine;
30 (2) apply
for and obtain a license to practice dentistry in
Kansas;
31
(3) except as otherwise provided in subsection (c), engage in
the prac-
32 tice of dentistry in Kansas on a
full-time basis for a period of 12 months
33 for each year a scholarship was
received or on a part-time basis for a
34 period equivalent to 12 months, as
determined by the state board of
35 regents, for each year a
scholarship was received;
36
(4) commence such full-time or part-time practice of dentistry
within
37 six months after licensure and
continue such practice in Kansas for a
38 consecutive period of months equal
to the total number of months re-
39 quired under the
agreement;
40 (5) agree
that the service commitment for each agreement entered
41 into under this section is in
addition to the service commitment contained
42 in any other agreement which has
been or may be entered into under
43 this section for the purpose of
obtaining scholarship aid;
35
1
(6) maintain records and make reports to the state board of
regents
2 to document satisfaction of
the obligation under such agreement to en-
3 gage in the full-time or
part-time practice of dentistry in Kansas and to
4 continue such practice for a
consecutive period of months equal to the
5 total number of months
required under the agreement; and
6
(7) repay amounts to the state board of regents as provided in
section
7 40, and amendments thereto,
upon failure to engage in full-time or part-
8 time practice of dentistry in
Kansas for the required period of time under
9 any agreement entered into as
provided in this section.
10
(b) Except as otherwise provided in subsection (c), each
Kansas stu-
11 dent who enters into an agreement
as provided in this section shall serve
12 the practice obligations incurred
by such student under the agreement in
13 a rural area or a medically
underserved area.
14 (c)
(1) A person awarded a dental service scholarship may satisfy
the
15 obligation to engage in the
practice of dentistry under an agreement en-
16 tered into as provided in this
section, even though such person is engaged
17 in practice in an area not
designated a rural area or a medically under-
18 served area, through employment on
a part-time basis by a community
19 health center or employment on a
part-time basis by the state of Kansas,
20 which employment has been approved
by the state board of regents, for
21 the practice of dentistry at any
state medical care facility or institution.
22 (2) For
the purposes of this subsection, service or employment at
a
23 state medical care facility or
institution or a community health center on
24 a part-time basis of at least the
equivalent of 1/2 time shall satisfy the
25 obligation to engage in the
full-time practice of dentistry in Kansas for a
26 period of 12 months for each year a
scholarship was received as provided
27 in an agreement entered into under
this section.
28 (d) For
the purposes of the dental service scholarship program
(1)
29 ``state medical care facility or
institution'' has the meaning ascribed
30 thereto in subsection (k) of K.S.A.
76-375, and amendments thereto; (2)
31 ``medically underserved area''
means a practice location designated med-
32 ically underserved by the state
board of regents; and (3) ``rural area''
33 means any county of this state
other than Douglas, Johnson, Sedgwick,
34 Shawnee and Wyandotte
counties.
35 New Sec.
40. (a)(1) Except as otherwise provided in section 42,
and
36 amendments thereto, upon the
failure of any person to satisfy the obli-
37 gation to engage in the full-time
or part-time practice of dentistry within
38 the state of Kansas for the
required period of time under an agreement
39 entered into as provided in section
39, and amendments thereto, such
40 person shall repay to the state
board of regents an amount equal to the
41 total of (1) the amount of money
received by such person pursuant to
42 such agreement plus (2) accrued
interest from the date such money was
43 received at a rate which is
equivalent to the interest rate applicable to
36
1 loans made under the federal
PLUS program at the time such person
2 first entered into an
agreement plus two
five percentage
points.
3
(b) Each person required to repay any amount under this
section shall
4 repay an amount totaling the
entire amount to be repaid under all such
5 agreements for which
obligations are not satisfied, including all amounts
6 of interest at the rate
prescribed. Except as otherwise provided in this
7 section, such repayment shall
be in installment payments and each such
8 installment shall be not less
than an amount equal to the 1/5 of the total
9 amount which would be
required to be paid if repaid in five equal annual
10 installments.
11 (c) All
installment payments under this section shall commence
six
12 months after the date of the action
or circumstance that causes the failure
13 of the person to satisfy the
obligations of such agreements, as determined
14 by the state board of regents based
upon the circumstances of each in-
15 dividual case. If an installment
payment becomes 91 days overdue, the
16 entire amount outstanding shall
become immediately due and payable,
17 including all amounts of interest
at the rate prescribed.
18 (d) The
total repayment obligation imposed under all agreements
en-
19 tered into as provided in section
39, and amendments thereto, may be
20 satisfied at any time prior to
graduation from the accredited school of
21 dentistry by making a single
lump-sum payment equal to the total of (1)
22 the entire amount to be repaid
under all such agreements upon failure
23 to satisfy the obligations under
such agreements to practice in Kansas,
24 plus (2) all amounts of interest
accrued thereon at the rate prescribed
25 under this section.
26 (e) The
state board of regents is authorized to turn any
repayment
27 account arising under the dental
service scholarship program over to a
28 designated loan servicer or
collection agency, the state not being involved
29 other than to receive payments from
the loan servicer or collection agency
30 at the interest rate prescribed
under this section.
31 New Sec.
41. There is hereby created in the state treasury the
dental
32 service scholarship repayment fund.
The state board of regents shall remit
33 all moneys received under section
40, and amendments thereto, to the
34 state treasurer at least monthly.
Upon receipt of each such remittance
35 the state treasurer shall deposit
the entire amount thereof in the state
36 treasury, and such amount shall be
credited to the dental service schol-
37 arship repayment fund. All
expenditures from the dental service schol-
38 arship repayment fund shall be for
dental service scholarships and shall
39 be made in accordance with
appropriation acts upon warrants of the di-
40 rector of accounts and reports
issued pursuant to vouchers approved by
41 the executive officer of the state
board of regents or a person designated
42 by the executive
officer.
43 New Sec.
42. (a) An obligation to engage in the practice of
dentistry
37
1 in accordance with an
agreement under section 39, and amendments
2 thereto, shall be postponed:
(1) During any required period of active
3 military service; (2)
during any period of service as a part of volunteers
4 in service to America
(VISTA); (3) during any period of service in the
5 peace corps; (4) during
any period of service commitment to the United
6 States public health service;
(5) during any period of religious mission-
7 ary work conducted by an
organization exempt from tax under section
8 501(c)(3) of the federal
internal revenue code as in effect on December
9 31, 1999; (6) during any
period of time the person obligated is engaged
10 solely in the teaching of dental
surgery or dental medicine; (7) during
11 any period of time the person
obligated is engaged solely in dental re-
12 search; (8) during any period
of time the person the person obligated
13 is unable because of temporary
medical disability to practice dentistry;
14 (9) during any period of time the
person obligated is on job-protected
15 leave under the federal family and
medical leave act of 1993; or (10)
16 during any period of time the state
board of regents determines that the
17 person obligated is unable because
of special circumstances to practice
18 dentistry. Except for clauses (8),
(9) and (10), an obligation to engage in
19 the practice of dentistry in
accordance with an agreement under section
20 39, and amendments thereto, shall
not be postponed more than five years
21 from the time the practice of
dentistry was to have been commenced
22 under any such agreement. An
obligation to engage in the practice of
23 dentistry in accordance with an
agreement under section 39, and amend-
24 ments thereto, shall be postponed
under clause (8) during the period of
25 time the medical disability exists.
An obligation to engage in the practice
26 of dentistry in accordance with an
agreement under section 39, and
27 amendments thereto, shall be
postponed under clause (9) during the pe-
28 riod of time the person obligated
remains on FMLA leave. An obligation
29 to engage in the practice of
dentistry in accordance with an agreement
30 under section 39, and amendments
thereto, shall be postponed under
31 clause (10) during the period of
time the state board of regents deter-
32 mines that the special
circumstances exist. The state board of regents
33 shall adopt rules and regulations
prescribing criteria or guidelines for
34 determination of the existence of
special circumstances causing an ina-
35 bility to practice dentistry, and
shall determine the documentation re-
36 quired to prove the existence of
such circumstances.
37 (b) An
obligation to engage in the practice of dentistry in
accordance
38 with an agreement under section 39,
and amendments thereto, shall be
39 satisfied: (1) If the obligation to
engage in the practice of dentistry has
40 been completed in accordance with
the agreement; (2) if the person ob-
41 ligated dies; (3) if, because of
permanent physical disability, the person
42 obligated is unable to practice
dentistry; (4) if the person obligated fails
43 to satisfy the requirements for a
degree of doctor of dental surgery or
38
1 doctor of dental medicine
after making the best effort possible to obtain
2 such degree; or (5) if the
person obligated fails to satisfy all requirements
3 for a permanent license to
practice dentistry in Kansas or any other ju-
4 risdiction or has been denied
a license after the person has applied for a
5 license and has made the best
effort possible to obtain a license.
6 New
Sec. 43. If a person fails to satisfy an obligation to
engage in
7 the practice of dentistry in
Kansas for the required period of time under
8 an agreement entered into as
provided in section 39, and amendments
9 thereto, because such person
is engaged in the practice of dentistry in a
10 state other than Kansas, and if
such person is subject to or currently
11 making repayments under such
agreement, and if such person subse-
12 quently commences the practice of
dentistry in this state in compliance
13 with the agreement, the balance of
the repayment amount, including
14 interest thereon, from the time of
commencement of the practice of den-
15 tistry in this state until the
obligation of such person is satisfied, or until
16 the time such person again becomes
subject to repayments, shall be
17 waived. All repayment amounts due
prior to commencement of practice
18 in this state, including interest
thereon, shall continue to be payable as
19 provided in the agreement. If
subsequent to commencement of practice
20 in this state, the person fails to
satisfy the obligation to practice for the
21 period of time specified in the
agreement, the person again shall be sub-
22 ject to repayments, including
interest thereon, as provided in the
23 agreement.
24 Sec.
44 38. K.S.A. 1999 Supp.
74-32,131 is hereby amended to read
25 as follows: 74-32,131. This act shall be
known and may be cited as the
26 advanced registered nurse practitioner
student service scholarship
27 program.
28 Sec.
45 39. K.S.A. 1999 Supp.
74-32,132 is hereby amended to read
29 as follows: 74-32,132. As used in this
act:
30 (a) ``Committee''
means the nursing service scholarship review com-
31 mittee established under K.S.A.
74-3299, and amendments thereto.
32 (b) ``Executive
officer'' means the executive officer of the state board
33 of regents appointed under K.S.A.
74-3203, and amendments thereto.
34 (c) ``Educational
and training program for advanced registered nurse
35 practitioners'' means a post-basic nursing
education program a graduate
36 of which meets the education requirements
of the board of nursing for a
37 certificate of qualification as an advanced
registered nurse practitioner.
38 (d) ``Medically
underserved area'' means an area of this state
desig-
39 nated a medically underserved area
by specialty or critically medically
40 underserved area by specialty under
K.S.A. 76-375 and amendments
41 thereto a practice
location designated medically underserved by the state
42 board of regents.
43 (e) ``Rural
area'' means any county in of this state
which has a pop-
39
1 ulation of not more than
20,000 people at the time of application other
2 than Douglas, Johnson, Sedgwick,
Shawnee and Wyandotte counties.
3 Sec.
46 40. K.S.A. 1999 Supp.
74-32,133 is hereby amended to read
4 as follows: 74-32,133. (a) There is
hereby established the advanced reg-
5 istered nurse practitioner
student service scholarship program. Within
the
6 limits of appropriations therefor, a
scholarship may be awarded under
7 this the
program to any qualified student enrolled in or admitted to an
8 educational and training program for
advanced registered nurse practi-
9 tioners. The number of scholarships
awarded under this scholarship the
10 program in any year shall not exceed
12.
11 (b) The
determination of the individuals qualified for
such scholar-
12 ships shall be made by the executive
officer after seeking advice from the
13 committee. Scholarships shall be awarded on
a priority basis to qualified
14 applicants in the advanced registered nurse
practitioner categories of
15 nurse clinician or nurse practitioner or
clinical specialist who have the
16 greatest financial need for such
scholarships and who are residents of this
17 state. To the extent practicable and
consistent with the other provisions
18 of this section, consideration shall be
given to minority applicants.
19 (c) Scholarships
awarded under this scholarship the program
shall be
20 awarded for the length of the course of
instruction required for gradua-
21 tion as an advanced registered nurse
practitioner unless terminated be-
22 fore expiration of such period of
time. Such scholarships shall provide (1)
23 to the a student
receiving the scholarship enrolled in or
admitted to an
24 educational and training program for
advanced registered nurse practi-
25 tioners operated by a state educational
institution the payment of tuition,
26 fees, books, room and board in an
amount not to exceed the total of
27 $15,000 annually an
amount not to exceed 70% of the cost of attendance
28 for a year, and (2) to a student
enrolled in or admitted to an educational
29 and training program for advanced
registered nurse practitioners oper-
30 ated by an independent institution of
higher education the payment of an
31 amount not to exceed 70% of the average
amount of the cost of attendance
32 for a year in educational and training
programs for advanced registered
33 nurse practitioners operated by the
state educational institutions. The
34 amount of each scholarship shall be
established annually by the executive
35 officer and shall be financed by the state
of Kansas.
36 Sec.
47 41. K.S.A. 1999 Supp.
74-32,134 is hereby amended to read
37 as follows: 74-32,134. (a) An applicant for
a scholarship under this the
38 advanced registered nurse practitioner
service scholarship program shall
39 provide to the executive officer, on forms
supplied by the executive of-
40 ficer, the following information:
41 (1) The name and
address of the applicant;
42 (2) the name and
address of the educational and training program for
43 advanced registered nurse practitioners
in which the applicant is enrolled
40
1 in or to which the
applicant has been admitted; and
2 (3) any
additional information which may be required by the execu-
3 tive officer.
4 (b) As a
condition to awarding a scholarship under this act, the ex-
5 ecutive officer and the applicant for
a scholarship shall enter into an
6 agreement which shall require that
the scholarship recipient:
7 (1) Engage
in as a full-time student in and complete
the required
8 course of instruction leading to the
certificate of qualification as an ad-
9 vanced registered nurse
practitioner;
10
(2) engage in within six months after
graduation from the educational
11 and training program for advanced
registered nurse practitioners, com-
12 mence full-time practice as an
advanced registered nurse practitioner, or
13 commence the equivalent to full-time
practice as specified by rules and
14 regulations of the state board of
regents adopted in accordance with the
15 provisions of K.S.A. 1999 Supp.
74-32,137 and amendments thereto, or
16 commence part-time practice as an
advanced registered nurse practi-
17 tioner, in a rural area or a
medically underserved area, continue such
18 practice for the total amount of time
required under the agreement, and
19 comply with such other terms and conditions
as may be specified by such
20 the agreement;
21 (3) commence
full-time practice, or the equivalent to full-time prac-
22 tice as specified by rules and
regulations of the state board of regents
23 adopted in accordance with the
provisions of K.S.A. 1999 Supp. 74-32,137
24 and amendments thereto,
as an advanced registered nurse practitioner
25 in a rural area or medically underserved
area within six months after
26 graduation from the educational and
training program for advanced reg-
27 istered nurse practitioners in
accordance with the agreement entered into
28 by the scholarship
recipient and continue such full-time practice, or
the
29 equivalent to full-time practice, in
a rural area or medically underserved
30 area for the total amount of time required
under the agreement, which
31 shall be for a period of not less than the
length of the course of instruction
32 for which the scholarship assistance was
provided, or commence part-time
33 practice in a rural area or medically
underserved area and continue such
34 part-time practice in a rural area or
medically underserved area for the
35 total amount of time required under the
agreement, which shall be for a
36 period of time that is equivalent to
full time, as determined by the state
37 board of regents, multiplied by the
length of the course of instruction for
38 which the scholarship assistance was
provided;
39 (4) maintain
records and make reports to the executive officer as may
40 be required by the executive officer to
document the satisfaction of the
41 obligation under this act; and
42 (5) upon failure
to satisfy an agreement to engage in full-time practice
43 as an advanced registered nurse
practitioner, or the equivalent to full-
41
1 time practice as specified by
rules and regulations of the state board of
2 regents adopted in accordance
with the provisions of K.S.A. 1999 Supp.
3 74-32,137 and amendments
thereto, or in part-time practice, in a rural
4 area or medically underserved area
for the required period of time under
5 any such agreement, repay to the
state amounts as provided in K.S.A.
6 1999 Supp. 74-32,135, and
amendments thereto.
7 Sec.
48 42. K.S.A. 1999 Supp.
74-32,135 is hereby amended to read
8 as follows: 74-32,135. (a)
Except as provided in K.S.A. 1999 Supp. 74-
9 32,136, and amendments
thereto, upon the failure of any person to satisfy
10 the obligation under any agreement entered
into pursuant to this act,
11 such person shall pay to the executive
officer an amount equal to the total
12 amount of money received by such person
pursuant to such agreement
13 which is financed by the state of Kansas
plus annual accrued interest at
14 a rate of 15% which is
equivalent to the interest rate applicable to loans
15 made under the federal PLUS program at
the time such person first en-
16 tered into an agreement plus
two five percentage
points. Installment pay-
17 ments of such amounts may be made in
accordance with rules and reg-
18 ulations of the state board of regents,
except that such installment
19 payments shall commence six months after
the date of the action or cir-
20 cumstances that cause the failure of the
person to satisfy the obligations
21 of such agreements, as determined by the
executive officer based upon
22 the circumstances of each individual case.
Amounts paid under this sec-
23 tion to the executive officer shall be
deposited in the advanced registered
24 nurse practitioner student
service scholarship program fund in accord-
25 ance with K.S.A. 1999 Supp. 74-32,138 and
amendments thereto.
26 (b) The state
board of regents is authorized to turn any repayment
27 account arising under the advanced
registered nurse practitioner service
28 scholarship program over to a designated
loan servicer or collection
29 agency, the state not being involved
other than to receive payments from
30 the loan servicer or collection agency
at the interest rate prescribed under
31 this section.
32 Sec.
49 43. K.S.A. 1999 Supp.
74-32,136 is hereby amended to read
33 as follows: 74-32,136. (a) An obligation
under any agreement entered into
34 under the advanced registered nurse
practitioner student service schol-
35 arship program shall be postponed: (1)
During any required period of
36 active military service; (2) during any
period of service in the peace corps;
37 (3) during any period of service as a part
of volunteers in service to Amer-
38 ica (VISTA); (4) during any period of
service commitment to the United
39 States public health service; (5) during
any period of religious missionary
40 work conducted by an organization exempt
from tax under subsection (c)
41 of section
501(c)(3) of the federal internal revenue code
of 1986 as in
42 effect on January 1
December 31, 1993 1999; (6) during
any period of
43 temporary medical disability during
which time the person obligated is
42
1 unable because of
such temporary medical disability to
practice as an
2 advanced registered nurse
practitioner; or (7) during any period of time
3 the person obligated is enrolled and
actively engaged on a full-time basis
4 in a course of study leading to a
graduate degree in a field in for which
5 such person was awarded a scholarship
under this act which degree is
6 higher than that formerly
attained formerly by the person obligated;
(8)
7 during any period of time the
person obligated is on job-protected leave
8 under the federal family and
medical leave act of 1993; or (9) during any
9 period of time the state board of
regents determines that the person ob-
10 ligated is unable because of special
circumstances to practice as an ad-
11 vanced registered nurse practitioner.
Except for clauses (6), (8) and (9),
12 an obligation under any agreement
entered into as provided in the ad-
13 vanced registered nurse practitioner
service scholarship program shall not
14 be postponed more than five years from
the time the obligation was to
15 have been commenced under any such
agreement. An obligation under
16 any agreement as provided in the
advanced registered nurse practitioner
17 service scholarship program shall be
postponed under clause (6) during
18 the period of time the medical
disability exists. An obligation to engage in
19 practice as an advanced registered nurse
practitioner in accordance with
20 an agreement under the advanced
registered nurse practitioner service
21 scholarship program shall be postponed
under clause (8) during the pe-
22 riod of time the person obligated
remains on FMLA leave. An obligation
23 to engage in practice as an advanced
registered nurse practitioner in ac-
24 cordance with an agreement under the
advanced registered nurse prac-
25 titioner service scholarship program
shall be postponed under clause (9)
26 during the period of time the state
board of regents determines that the
27 special circumstances exist. The state
board of regents shall adopt rules
28 and regulations prescribing criteria or
guidelines for determination of the
29 existence of special circumstances
causing an inability to practice as an
30 advanced registered nurse practitioner,
and shall determine the docu-
31 mentation required to prove the
existence of such circumstances.
32 (b) An obligation
under any agreement under entered into in
accord-
33 ance with the advanced registered
nurse practitioner student service
34 scholarship program shall be
satisfied: (1) If the obligation in
accord-
35 ance with an agreement under the
scholarship program has been com-
36 pleted in accordance with the
agreement; (2) if the person obligated dies;
37 (3) if, because of permanent physical
disability, the person obligated is
38 unable to satisfy the obligation;
or (4) if the person obligated fails to
satisfy
39 the requirements for completion of the
educational and training program
40 after making the best effort possible to do
so; or (5) if the person obligated
41 is unable to obtain employment as an
advanced registered nurse practi-
42 tioner and continue in such employment
after making the best effort pos-
43 sible to do so.
43
1 Sec.
50 44. K.S.A. 1999 Supp.
74-32,137 is hereby amended to read
2 as follows: 74-32,137. The state
board of regents, after consultation with
3 the committee, may adopt rules and
regulations establishing minimum
4 terms, conditions and obligations
which shall be incorporated into the
5 provisions of any agreement under the
advanced registered nurse prac-
6 titioner student
service scholarship program. The terms, conditions and
7 obligations shall be consistent with
the provisions of law relating to the
8 advanced registered nurse
practitioner student service scholarship
pro-
9 gram. The terms, conditions and
obligations so established shall include,
10 but not be limited to, the terms of
eligibility for financial assistance under
11 the advanced registered nurse practitioner
student service scholarship
12 program, the amount of financial assistance
to be offered, the length of
13 practice in a rural area or medically
underserved area required as a con-
14 dition to the receipt of such financial
assistance to be offered, the amount
15 of money required to be repaid because of
failure to satisfy the obligations
16 under an agreement and the method of
repayment and such other ad-
17 ditional provisions as may be necessary to
carry out the provisions of the
18 advanced registered nurse practitioner
student service scholarship pro-
19 gram. The state board of regents, after
consultation with the committee,
20 shall adopt rules and regulations
establishing criteria for evaluating the
21 financial need of applicants for
scholarships and may adopt such other
22 rules and regulations as may be necessary
to administer the advanced
23 registered nurse practitioner
student service scholarship program.
24 Sec.
51 45. K.S.A. 1999 Supp.
74-32,138 is hereby amended to read
25 as follows: 74-32,138. There is hereby
created in the state treasury the
26 advanced registered nurse practitioner
student service scholarship pro-
27 gram fund. The executive officer shall
remit all moneys received under
28 this act to the state treasurer at least
monthly. Upon receipt of each such
29 remittance the state treasurer shall
deposit the entire amount thereof in
30 the state treasury, and such amount shall
be credited to the advanced
31 registered nurse practitioner
student service scholarship program
fund.
32 All expenditures from the advanced
registered nurse practitioner student
33 service scholarship program fund
shall be for scholarships awarded under
34 this act and shall be made in accordance
with appropriation acts upon
35 warrants of the director of accounts
and reports issued pursuant to vouch-
36 ers approved by the executive officer or by
a person designated by the
37 executive officer.
38 New Sec.
52 46. (a) There is hereby
established the professional
39 service scholarship advisory committee
which shall consist of the follow-
40 ing members appointed by the state board of
regents: One member rep-
41 resenting osteopaths; one member
representing dentists; one member
42 representing teachers; one member
representing optometrists; one mem-
43 ber representing ethnic minority graduate
students; one member repre-
44
1 senting reserve officer candidates;
one member representing nurses; and
2 the chairperson of the nursing
service scholarship review committee or a
3 designee of the chairperson.
4 (b) The
professional service scholarship advisory committee shall
5 make recommendations to the state
board of regents regarding budget
6 requests for and administration of
professional service scholarships.
7 (c) The
members of the professional service scholarship advisory
8 committee shall be appointed for
three-year terms and shall serve until
9 their successors are appointed and
qualified. If a vacancy occurs prior to
10 the expiration of a term, the appointing
authority shall appoint a person
11 to fill such position for the unexpired
term. Persons appointed to the
12 committee may be reappointed by the
appointing authority for succeed-
13 ing terms.
14 (d) The executive
officer of the state board of regents or a designee
15 of the executive officer shall provide
relevant information, staff assistance,
16 and meeting arrangements for the
professional service scholarship advi-
17 sory committee which shall meet at least
once per year.
18 (e) Members of
the professional service advisory committee shall be
19 eligible for amounts provided in subsection
(e) of K.S.A. 75-3223, and
20 amendments thereto, for attendance at any
meeting of the committee or
21 any subcommittee meeting authorized by the
committee. Amounts paid
22 under this subsection shall be from
appropriations to the state board of
23 regents upon warrants of the director of
accounts and reports issued pur-
24 suant to vouchers approved by the state
board or a person designated by
25 the state board.
26 Sec.
53
47. K.S.A. 1999 Supp. 74-32,112 is hereby
amended to
27 read as follows: 74-32,112. (a) This
act shall be known and may be
28 cited as the Kansas ethnic minority
fellowship program.
29 (b) The
legislature hereby finds that: (1) The enrollment of
cer-
30 tain ethnic minority students in
graduate programs is low and de-
31 clining; and (2)
the ratio of graduate students who receive teaching
32 and research assistantships is lower
for ethnic minority students
33 than for Caucasian
students; and (3) the ethnic origin of faculty
at
34 institutions of higher education is
disproportionately Caucasoid.
35 (c) The
legislature hereby declares that it is the intention of
this
36 act to provide for a program under
which the state in cooperation
37 with the state educational
institutions may award grants of finan-
38 cial assistance in the form of
fellowships to qualified ethnic minority
39 graduate students as a means
of: (1) recruiting and retaining
ethnic
40 minority students in the graduate
programs of the state educational
41 institutions; and (2)
attracting and retaining ethnic minority faculty
42 members and educational leaders in
Kansas in order to enhance the di-
43 versity of the student
population.
45
1
Sec. 54
48. K.S.A. 1999 Supp. 74-32,113 is hereby
amended to
2 read as follows: 74-32,113. As
used in this act:
3
(a) ``Kansas ethnic minority fellowship program'' means a
pro-
4 gram under which grants of
financial assistance in the form of fel-
5 lowships are awarded to
qualified ethnic minority graduate
6 students.
7
(b) ``Qualified ethnic minority graduate student'' means a
per-
8 son who: (1) Is a citizen of
the United States; (2) is a member of an
9 ethnic minority group; (3) has
been accepted for admission to or is
10 enrolled full time in a graduate
program at a state educational in-
11 stitution; and (4) has qualified for
the award of a fellowship under
12 the Kansas ethnic minority fellowship
program on the basis of hav-
13 ing demonstrated scholastic ability,
or who has previously so qual-
14 ified and remains qualified for
renewal of the fellowship on the basis
15 of remaining in good standing and
making satisfactory progress to-
16 ward completion of the requirements
of the graduate program in
17 which enrolled.
18
(c) ``Ethnic minority group'' means a group of persons
catego-
19 rized as: (1) American Indian; (2)
Asian or Pacific Islander; (3)
Black,
20 non-Hispanic; or (4)
Hispanic.
21
(d) ``American Indian'' means a person having origins in
the
22 original peoples of North America and
who maintains cultural iden-
23 tification through tribal affiliation
or community recognition.
24
(e) ``Asian'' or ''Pacific Islander``
means a person having origins
25 in any of the original peoples
of Laos, Vietnam, Cambodia, or Korea
26 the Far East, Southeast Asia, the Indian
Subcontinent, or Pacific Islands,
27 including, but not by way of limitation,
persons from China, Japan, Korea,
28 the Philippine Islands, Samoa, India,
Laos, Vietnam, or Cambodia.
29
(f) ``Black, non-Hispanic'' means a person having origins in
any
30 of the black racial groups of Africa
(except those of Hispanic origin).
31
(g) ``Hispanic'' means a person of Mexican, Puerto Rican,
Cu-
32 ban, Central or South American or
other Spanish culture or origin,
33 regardless of race.
34 (h) ``State
educational institution'' has the meaning ascribed
35 thereto in K.S.A. 76-711, and
amendments thereto.
36
(i) ``Executive officer'' means the executive officer of the
state
37 board of regents, appointed under
K.S.A. 74-3203 1999 Supp. 74-
38 3203a, and amendments
thereto.
39
Sec. 55
49. K.S.A. 1999 Supp. 74-32,118 is hereby
amended to
40 read as follows: 74-32,118.
(a) The state board of regents shall adopt
41 rules and regulations for
administration of the Kansas ethnic mi-
42 nority fellowship program and shall
establish terms, conditions and
43 obligations which shall be
incorporated into the provisions of any
46
1 agreement entered into between
the executive officer and an appli-
2 cant for the award of a
fellowship under the program. The terms,
3 conditions and obligations
shall be consistent with the provisions
4 of law relating to the program
and shall include, but not be limited
5 to, the circumstances under
which eligibility for financial assistance
6 under the program may be
terminated, the amount of financial as-
7 sistance to be provided, the
circumstances under which obligations
8 may be discharged or forgiven,
the amount of money required to be
9 repaid because of failure to
satisfy the obligations under an agree-
10 ment and the method of
repayment.
11
(b) The state board of regents shall review the Kansas
ethnic minority
12 fellowship program annually to determine
if the program is meeting the
13 intention of the legislature and to make
recommendations to the legislature
14 for continuance, discontinuance,
expansion, or contraction of the
15 program.
16 Sec. 53.
56. 50 K.S.A.
74-3223, 74-3224, 74-3225, 74-3226, 74-3227,
17 74-3228, 74-3246, 74-3247, 74-3248,
74-3267a, 74-3268, 74-3268a, 74-
18 3269, 74-3271, 74-3272, 74-3273, 74-3291,
74-3293, 74-3294, 74-3297,
19 74-3299, 74-32,100, 74-32,101, 74-32,102,
74-32,103, 74-32,105 and 74-
20 32,106 and K.S.A. 1999 Supp. 74-3256,
74-3257, 74-3258, 74-3259, 74-
21 3260, 74-3265, 74-3266, 74-3267, 74-3292,
74-3295, 74-3296, 74-3298,
22 74-32,104, 74-32,107, 74-32,112,
74-32,113, 74-32,114, 74-32,115, 74-
23 32,116, 74-32,117, 74-32,118,
74-32,131, 74-32,132, 74-32,133, 74-
24 32,134, 74-32,135, 74-32,136, 74-32,137 and
74-32,138 are hereby
25 repealed.
26 Sec.
54. 57.
51 This act shall take effect and be in force
from and
27 after its publication in the statute
book.