HOUSE BILL No. 2014
By Legislative Educational Planning Committee
12-17
8 AN ACT concerning higher education; relating to professional service
9 scholarships for persons enrolled in courses of instruction leading to
10 the practice of osteopathic medicine, optometry, nursing or teaching;
11 amending K.S.A. 74-3267a, 74-3268, 74-3268a, 74-3271, 74-3272, 74-
12 3273, 74-3291, 74-3293, 74-3294, 74-3297, 74-3299, 74-32,100, 74-
13 32,101, 74-32,102, 74-32,103, 74-32,105 and 74-32,106 and K.S.A.
14 1998 Supp. 74-3265, 74-3266, 74-3267, 74-3292, 74-3295, 74-3296,
15 74-3298, 74-32,104, 74-32,107, 74-32,114, 74-32,115, 74-32,116, 74-
16 32,117, 74-32,131, 74-32,132, 74-32,133, 74-32,134, 74-32,135, 74-
17 32,136 and 74-32,137 and repealing the existing sections; also repeal-
18 ing K.S.A. 74-3223, 74-3224, 74-3225, 74-3226, 74-3227, 74-3228,
19 74-3246, 74-3247, 74-3248 and 74-3269.
20
21 Be it enacted by the Legislature of the State of Kansas:
22 Section 1. K.S.A. 1998 Supp. 74-3265 is hereby amended to read as
23 follows: 74-3265. (a) Within the limits of appropriations therefor for os-
24 teopathic medical service scholarships, and in accordance with the pro-
25 visions of this section, the state board of regents may award such schol-
26 arships in accordance with the provisions of this section to Kansas
27 residents who are undergraduate students enrolled in or admitted to ac-
28 credited schools of osteopathic medicine in a course of instruction leading
29 to the degree of doctor of osteopathy and who enter into a written agree-
30 ment with the state board of regents as provided in accordance with
31 K.S.A. 74-3266, and amendments thereto.
32 (b) Osteopathic medical service scholarships awarded under this sec-
33 tion shall be in effect during for the period of time provided specified in
34 subsection (c) and shall provide to the person receiving the scholarship
35 the payment of all an amount not to exceed 70% of the amount of tuition
36 and required fees for one year up to a maximum of $15,000.
37 (c) Osteopathic medical service scholarships awarded under this sec-
38 tion shall be awarded on an annual basis and shall be in effect for one
39 year unless otherwise terminated before the expiration of such period of
40 time. A Kansas resident who is an undergraduate student enrolled in or
41 admitted to an accredited school of osteopathic medicine in a course of
42 instruction leading to the degree of doctor of osteopathy may be awarded
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1 a separate scholarship for each separate year the student enters into a
2 written agreement with the state board of regents under as provided in
3 K.S.A. 74-3266, and amendments thereto, up to a maximum of four years.
4 For each separate year a student is awarded a scholarship under this
5 section, the student shall engage in the full-time practice of medicine and
6 surgery in Kansas for a the period of 12 months time specified in subsec-
7 tion (a)(4) of K.S.A. 74-3266, and amendments thereto, unless such ob-
8 ligation is otherwise satisfied as provided in K.S.A. 74-3268, and amend-
9 ments thereto.
10 (d) The state board of regents shall not award more than 15 osteo-
11 pathic medical service scholarships in any year to persons who have not
12 previously been awarded such a scholarship under this section and, in any
13 case, the state board shall not award more than 60 such scholarships under
14 this section in any year. In selecting Kansas residents to be awarded os-
15 teopathic medical service scholarships under this section, the board shall
16 first consider give primary consideration to students commencing their
17 first year of instruction at accredited schools of osteopathic medicine and
18 thereafter shall consider students in later years of instruction.
19 Sec. 2. K.S.A. 1998 Supp. 74-3266 is hereby amended to read as
20 follows: 74-3266. (a) An agreement entered into by the state board of
21 regents and a Kansas resident who is an undergraduate student enrolled
22 in or admitted to an accredited school of osteopathic medicine in a course
23 of instruction leading to the degree of doctor of osteopathy for the award-
24 ing of a an osteopathic medical service scholarship under K.S.A. 74-3265
25 and amendments thereto shall require that the person receiving the
26 scholarship:
27 (1) Complete the required course of instruction and receive the de-
28 gree of doctor of osteopathy;
29 (2) apply for and obtain a license to practice medicine and surgery in
30 Kansas;
31 (3) except as otherwise provided in subsection (c), engage in the full-
32 time practice of medicine and surgery on a full-time basis for a period of
33 12 months in Kansas for each year a scholarship was received or engage
34 in the practice of medicine and surgery on a part-time basis, equivalent
35 to at least 3/4 time, for a period of 18 months in Kansas for each year a
36 scholarship was received or engage in the practice of medicine and sur-
37 gery on a part-time basis, equivalent to at least 1/2 time, for a period of
38 24 months for each year a scholarship was received;
39 (4) (A) with regard to persons entering into agreements entered into
40 prior to July 1, 1993 the effective date of this act, commence such full-
41 time or part-time practice of medicine and surgery within nine months
42 after licensure or within nine months after completion of a an approved
43 postgraduate residency training program and licensure, whichever is
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1 later, and continue such full-time practice in Kansas for a consecutive
2 period of months equal to the total number of months required under
3 the agreement;
4 (B) with regard to persons entering into agreements entered into af-
5 ter July 1, 1993 the effective date of this act, commence such full-time or
6 part-time practice of medicine and surgery within nine six months after
7 licensure or within nine six months after completion of an approved post-
8 graduate residency training program as defined in this section and licen-
9 sure, whichever is later, and continue such full-time practice in Kansas
10 for a consecutive period of months equal to the total number of months
11 required under the agreement;
12 (5) agree that the service commitment for each agreement entered
13 into under this section is in addition to the service commitment contained
14 in any other agreement which has been or may be entered into under
15 this section for the purpose of obtaining scholarship aid;
16 (6) 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 medicine and surgery in
19 Kansas and to continue such full-time practice for a consecutive period
20 of months equal to the total number of months required under the agree-
21 ment; and
22 (7) repay amounts to the state board of regents as provided in K.S.A.
23 74-3267, and amendments thereto, upon failure to satisfy an agreement
24 to engage in the full-time or part-time practice of medicine and surgery
25 in Kansas for the required period of time under any such agreement, the
26 person receiving a scholarship under K.S.A. 74-3265 and amendments
27 thereto shall repay amounts to the state board of regents as provided in
28 K.S.A. 74-3267 and amendments thereto entered into as provided in this
29 section.
30 (b) (1) Each Kansas student who enters into an agreement under this
31 section after June 30, 1988, shall serve the practice obligations incurred
32 by such student under such agreement within an area of the state des-
33 ignated as a service commitment area I pursuant to K.S.A. 76-375 and
34 amendments thereto. Such student shall select a service commitment area
35 I in accordance with the provisions of K.S.A. 76-375 and amendments
36 thereto and shall be subject to the provisions of subsections (c) and (d)
37 of such K.S.A. 76-375 and amendments thereto in the same manner and
38 to the same effect as a person required to engage in the full-time practice
39 of medicine and surgery in a service commitment area I pursuant to any
40 agreement under K.S.A. 76-373 through 76-377a and amendments
41 thereto, except that in lieu of informing or notifying the university of
42 Kansas school of medicine of certain matters under the provisions of
43 subsections (c) and (d) of such K.S.A. 76-375 and amendments thereto
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1 such student shall inform and notify the state board of regents thereof.
2 (2) Except as otherwise provided in subsection (c), each Kansas stu-
3 dent who enters into an agreement under as provided in this section after
4 June 30, 1993, shall serve the practice obligations incurred by such stu-
5 dent under such the agreement in any county of this state other than
6 Douglas, Johnson, Sedgwick, Shawnee or Wyandotte counties.
7 (c) (1) A person awarded a an osteopathic medical service scholarship
8 in accordance with the provisions of K.S.A. 74-3265 through 74-3268 and
9 amendments thereto may satisfy the obligation to engage in the practice
10 of medicine and surgery, under an agreement entered into pursuant to
11 as provided in this section, even though such person is engaged in practice
12 in an area not designated a medically underserved area by specialty, or a
13 critically medically underserved area by specialty, or is engaged in practice
14 in Douglas, Johnson, Sedgwick, Shawnee or Wyandotte counties, through
15 employment on a part-time basis by the state of Kansas which has been
16 approved by the state board of regents, for the practice of medicine and
17 surgery at any state medical care facility or institution.
18 (d) (2) For all the purposes under of this section subsection, service
19 or employment after June 30, 1988, on a part-time basis at a state medical
20 care facility or institution shall be on the a part-time basis of at least the
21 equivalent of 1/2 time in order to shall satisfy practice obligations under
22 the obligation to engage in the full-time practice of medicine and surgery
23 in Kansas for a period of 12 months for each year a scholarship was
24 received as provided in an agreement entered into under this section.
25 (e) (d) As used in this section and K.S.A. 74-3267 and amendments
26 thereto For the purposes of the osteopathic medical service scholarship
27 program, (1) "state medical care facility or institution" has the meaning
28 ascribed thereto by in subsection (k) of K.S.A. 76-375, and amendments
29 thereto; and (2) "approved postgraduate residency training program"
30 means a residency training program in general pediatrics, general internal
31 medicine, pediatrics, family medicine, family practice, obstetrics and gy-
32 necology, or emergency medicine.
33 Sec. 3. K.S.A. 1998 Supp. 74-3267 is hereby amended to read as
34 follows: 74-3267. (a) (1) Except as otherwise provided in K.S.A. 74-3268,
35 and amendments thereto, upon the failure of any person to satisfy the
36 obligation to engage in the full-time or part-time practice of medicine
37 and surgery within the state of Kansas for the required period of time
38 under any an agreement entered into pursuant to as provided in K.S.A.
39 74-3265 and 74-3266, and amendments thereto, such person shall repay
40 to the state board of regents an amount equal to the total of (1) the
41 amount of money received by such person pursuant to such agreement
42 plus (2) annual accrued interest at a rate of 15% from the date such money
43 was received at a rate which is equivalent to the average yield before taxes
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1 received on 52-week United States treasury bills as determined by the
2 federal reserve banks as fiscal agents of the United States at its most recent
3 public offering of such bills immediately prior to the time such person
4 first entered into an agreement plus three percentage points.
5 (2) Any person who applies for and enters a postgraduate residency
6 training program that is not an approved program as provided in this
7 section shall be required to repay all moneys received pursuant to as
8 provided in an agreement entered into for any scholarship awarded under
9 K.S.A. 74-3265 74-3266, and amendments thereto, plus accumulated ac-
10 crued interest at an annual rate of 15% from the date such money was
11 received at a rate which is equivalent to the average yield before taxes
12 received on 52-week United States treasury bills as determined by the
13 federal reserve banks as fiscal agents of the United States at its most recent
14 public offering of such bills immediately prior to the time such person
15 first entered into an agreement plus three percentage points and shall
16 commence such repayment in accordance with subsection (b) within 90
17 days of graduation from the school of osteopathic medicine or upon ter-
18 mination or completion of a residency training program which does not
19 comply with the provisions of this act, whichever is later.
20 (3) Any person who enters and completes an approved postgraduate
21 residency training program but fails to satisfy the obligation to engage in
22 the full-time or part-time practice of medicine and surgery within a serv-
23 ice commitment area of this state for the required period of time shall
24 be required to repay all money received pursuant to an agreement en-
25 tered into for any scholarship awarded under K.S.A. 74-3865 74-3266,
26 and amendments thereto, plus accumulated accrued interest at an annual
27 rate of 15% from the date such money was received at a rate which is
28 equivalent to the average yield before taxes received on 52-week United
29 States treasury bills as determined by the federal reserve banks as fiscal
30 agents of the United States at its most recent public offering of such bills
31 immediately prior to the time such person first entered into an agreement
32 plus three percentage points and shall commence such repayment in ac-
33 cordance with subsection (b) within 90 days of failure to commence qual-
34 ifying practice satisfy the obligation.
35 (b) Each person required to repay any amount under this section shall
36 repay an amount totaling the entire amount to be repaid under all such
37 agreements for which such obligations are not satisfied, including all
38 amounts of interest at the rate prescribed. Except as otherwise provided
39 in this section, such repayment shall be in installment payments and each
40 such installment shall be not less than the an amount equal to 1/5 of the
41 total amount which would be required to be paid if repaid in five equal
42 annual installments.
43 (c) Except as otherwise provided in this section subparts (2) and (3)
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1 of subsection (a), all installment payments under this section shall com-
2 mence six months after the date of the action or circumstance that causes
3 the failure of the person to satisfy the obligations of such agreements, as
4 determined by the state board of regents based upon the circumstances
5 of each individual case. If an installment payment becomes 91 days over-
6 due, the entire amount outstanding shall become immediately due and
7 payable, including all amounts of interest at the rate prescribed.
8 (d) The total repayment obligation imposed under all agreements en-
9 tered into under as provided in K.S.A. 74-3266, and amendments thereto,
10 may be satisfied at any time prior to graduation from the accredited school
11 of osteopathic medicine by making a single lump sum payment equal to
12 the total of (1) the entire amount to be repaid under all such agreements
13 upon failure to satisfy the obligations under such agreements to practice
14 in Kansas, plus (2) all amounts of interest accrued thereon at the rate
15 prescribed to the date of payment under this section.
16 (e) The state board of regents is authorized to turn any repayment
17 account arising under the osteopathic medical service scholarship pro-
18 gram over to a designated loan servicer or collection agency, the state not
19 being involved other than to receive payments from the loan servicer or
20 collection agency at the interest rate prescribed under this section.
21 Sec. 4. K.S.A. 74-3267a is hereby amended to read as follows: 74-
22 3267a. There is hereby created in the state treasury the osteopathic med-
23 ical service scholarship repayment fund. The state board of regents shall
24 remit all moneys received under K.S.A. 74-3247, 74-3248 and 74-3267,
25 and amendments thereto, to the state treasurer at least monthly. Upon
26 receipt of each such remittance the state treasurer shall deposit the entire
27 amount thereof in the state treasury, and such amount shall be credited
28 to the osteopathic medical service scholarship repayment fund. All ex-
29 penditures from the osteopathic medical service scholarship repayment
30 fund shall be for osteopathic medical service scholarships under K.S.A.
31 74-3265 and amendments thereto, and shall be made in accordance with
32 appropriation acts upon warrants of the director of accounts and reports
33 issued pursuant to vouchers approved by the executive officer of the state
34 board of regents or a person designated by the executive officer.
35 Sec. 5. K.S.A. 74-3268 is hereby amended to read as follows: 74-
36 3268. (a) An obligation to engage in the practice of medicine and surgery
37 in accordance with an agreement under K.S.A. 74-3266, and amendments
38 thereto, shall be postponed: (1) During any required period of active
39 military service; (2) during any period of service as a part of volunteers
40 in service to America (VISTA); (3) during any period of service in the
41 peace corps; (4) during any period of service commitment to the United
42 States public health service; (5) during any period of religious missionary
43 work conducted by an organization exempt from tax under subsection (c)
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1 of section 501(c)(3) of the federal internal revenue code of 1954, as
2 amended as in effect on December 31, 1998; (6) during the any period of
3 time the person obligated is engaged solely in the teaching of medicine;
4 (7) during the any period of time the person obligated is engaged solely
5 in medical research; or (8) during any period of temporary medical dis-
6 ability during which time the person obligated is unable because of such
7 temporary medical disability to practice medicine and surgery; (9) during
8 any period of time the person obligated is on job-protected leave under
9 the federal family and medical leave act of 1993; or (10) during any period
10 of time the state board of regents determines that the person obligated is
11 unable because of special circumstances to practice medicine and surgery.
12 Except for clause clauses (8) of this subsection (a), (9) and (10), an obli-
13 gation to engage in the practice of medicine and surgery in accordance
14 with an agreement under K.S.A. 74-3266, and amendments thereto, shall
15 not be postponed more than five years from the time the practice of
16 medicine and surgery was to have been commenced under any such
17 agreement. An obligation to engage in the practice of medicine and sur-
18 gery in accordance with an agreement under K.S.A. 74-3266, and amend-
19 ments thereto, shall be postponed under clause (8) of this subsection (a)
20 during the period of time the medical disability exists. An obligation to
21 engage in the practice of medicine and surgery in accordance with an
22 agreement under K.S.A. 74-3266, and amendments thereto, shall be post-
23 poned under clause (9) during the period of time the person obligated
24 remains on FMLA leave. An obligation to engage in the practice of med-
25 icine and surgery in accordance with an agreement under K.S.A. 74-3266,
26 and amendments thereto, shall be postponed under clause (10) during the
27 period of time the state board of regents determines that the special cir-
28 cumstances exist. The state board of regents shall adopt rules and regu-
29 lations prescribing criteria or guidelines for determination of the existence
30 of special circumstances causing an inability to practice medicine and
31 surgery, and shall determine the documentation required to prove the
32 existence of such circumstances.
33 (b) An obligation to engage in the practice of medicine and surgery
34 in accordance with an agreement under K.S.A. 74-3266, and amendments
35 thereto, shall be satisfied: (1) If the obligation to engage in the practice
36 of medicine and surgery in accordance with an agreement under K.S.A.
37 74-3266 has been completed in accordance with the agreement; (2) if the
38 person obligated dies; (3) if, because of permanent physical disability, the
39 person obligated is unable to practice medicine and surgery; (4) if the
40 person obligated fails to satisfy the requirements for a degree of doctor
41 of osteopathy after such person has made their making the best efforts
42 effort possible to obtain such degree; or (5) if the person obligated fails
43 to satisfy all requirements for a permanent license to practice medicine
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1 and surgery in Kansas or any other jurisdiction or has been denied a
2 license after such the person has applied for a license and has made their
3 the best efforts effort possible to obtain a license.
4 Sec. 6. K.S.A. 74-3268a is hereby amended to read as follows: 74-
5 3268a. If a person fails to satisfy an obligation to engage in the full-time
6 practice of medicine and surgery in Kansas for the required period of
7 time under an agreement entered into pursuant to as provided in K.S.A.
8 74-3223 to 74-3228, inclusive, 74-3246 to 74-3248, inclusive, or 74-3265
9 to 74-3267, inclusive 74-3266, and amendments thereto, because such
10 person is engaged in the practice of medicine and surgery in a state other
11 than Kansas, and if such person is subject to or currently making repay-
12 ments under any such statutes agreement, and if such person subse-
13 quently commences the practice of medicine and surgery in this state
14 which complies in compliance with the agreements entered into under
15 such statutes agreement, the balance of the repayment amount, including
16 interest thereon, from the time of such commencement of the practice
17 of medicine and surgery in this state until the obligation of such person
18 is satisfied, or until the time such person again becomes subject to re-
19 payments, shall be waived. All repayment amounts due prior to such com-
20 mencement of practice in this state, including interest thereon, shall con-
21 tinue to be payable as provided in such statutes the agreement. If
22 subsequent to such commencement of practice in this state, the person
23 fails to satisfy such the obligation to practice for the period of time spec-
24 ified in the agreement, the person again shall be subject to repayments,
25 including interest thereon, as otherwise provided in such statutes the
26 agreement.
27 Sec. 7. K.S.A. 74-3271 is hereby amended to read as follows: 74-
28 3271. An agreement entered into by the state board of regents and a
29 Kansas resident who is an undergraduate student enrolled in or admitted
30 to an accredited school or college of optometry pursuant to a contract
31 which provides for guaranteed admission and continued enrollment of
32 such person therein and which was entered into for such purpose under
33 K.S.A. 76-721a, and amendments thereto,shall require that the person:
34 (a) Complete the required course of instruction in optometry and
35 receive the degree therefor;
36 (b) apply for and obtain a license to practice optometry in Kansas;
37 (c) engage in the full-time practice of optometry on a full-time basis
38 for a period of 12 months in Kansas for each year in which such person
39 is so enrolled in the school or college of optometry and for which an annual
40 amount is paid therefor by the state board of regents therefor pursuant
41 to a contract under K.S.A. 76-721a, and amendments thereto, or engage
42 in the practice of optometry on a part-time basis, equivalent to at least 3/4
43 time, for a period of 18 months in Kansas for each year in which such
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1 person is enrolled in the school or college of optometry and for which an
2 annual amount is paid therefor by the state board of regents pursuant to
3 a contract under K.S.A. 76-721a, and amendments thereto, or engage in
4 the practice of optometry on a part-time basis, equivalent to at least 1/2
5 time, for a period of 24 months for each year in which such person is
6 enrolled in the school or college of optometry and for which an annual
7 amount is paid therefor by the state board of regents pursuant to a con-
8 tract under K.S.A. 76-721a, and amendments thereto;
9 (d) (1) with regard to persons entering into an agreement prior to
10 the effective date of this act, commence such full-time or part-time prac-
11 tice of optometry within nine months after licensure and continue such
12 full-time practice in Kansas for a consecutive period of months equal to
13 the total number of months required under the agreement;
14 (2) with regard to persons entering into an agreement after the effec-
15 tive date of this act, commence such full-time or part-time practice of
16 optometry within six months after licensure and continue such practice
17 in Kansas for a consecutive period of months equal to the total number
18 of months required under the agreement;
19 (e) maintain records and make reports to the state board of regents
20 to document the satisfaction of the obligation under such agreement to
21 engage in the full-time or part-time practice of optometry in Kansas and
22 to continue such full-time practice for a consecutive period of months
23 equal to the total number of months required under the agreement; and
24 (f) upon failure to satisfy an agreement to engage in the full-time or
25 part-time practice of optometry in Kansas for the required period of time
26 under such agreement, repay amounts to the state board of regents as
27 provided in K.S.A. 74-3272, and amendments thereto.
28 Sec. 8. K.S.A. 74-3272 is hereby amended to read as follows: 74-
29 3272. (a) Except as otherwise provided in subsection (e) and in K.S.A.
30 74-3273, and amendments thereto, and subsection (e), upon the failure
31 of any person to satisfy the obligation to engage in the full-time or part-
32 time practice of optometry within the state of Kansas for the required
33 period of time under an agreement entered into pursuant to K.S.A. 74-
34 3271, and amendments thereto, such person shall repay to the state board
35 of regents an amount equal to the total of (1) the total amount of money
36 paid by the state board of regents in amounts for guaranteed admission
37 and continued enrollment of such person in an accredited school or col-
38 lege of optometry pursuant to a contract entered into therefor under
39 K.S.A. 76-721a, and amendments thereto, plus (2) annual accrued interest
40 at a rate of 15% from the date such money was paid pursuant to such
41 contract at a rate which is equivalent to the average yield before taxes
42 received on 52-week United States treasury bills as determined by the
43 federal reserve banks as fiscal agents of the United States at its most recent
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1 public offering of such bills immediately prior to the time such person
2 first entered into an agreement plus three 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 such
5 agreement for which such obligation is not satisfied, including all interest
6 at the rate prescribed. Except as otherwise provided in this section, such
7 repayment shall be in installment payments and each such installment
8 shall be not less than the an amount equal to 1/5 of the total amount which
9 would be required to be paid if repaid in five equal annual installments.
10 (c) All installment payments under this section shall commence six
11 months after the date of the action or circumstance that causes the failure
12 of the person to satisfy the obligations of such agreement, as determined
13 by the state board of regents based upon the circumstances of each in-
14 dividual case. If an installment payment becomes 91 days overdue, the
15 entire amount outstanding shall become immediately due and payable,
16 including all interest at the rate prescribed.
17 (d) The total repayment obligation imposed under the an agreement
18 entered into under pursuant to K.S.A. 74-3271, and amendments thereto,
19 may be satisfied at any time prior to graduation from the accredited school
20 or college of optometry by making a single lump-sum payment equal to
21 the total of (1) the entire amount to be repaid under such agreement
22 upon failure to satisfy the obligation under such agreement to practice
23 optometry in Kansas, plus (2) all interest thereon at the rate prescribed
24 to the date of payment.
25 (e) If a person fails to satisfy an obligation to engage in the full-time
26 or part-time practice of optometry in Kansas for the required period of
27 time under an agreement entered into pursuant to K.S.A. 74-3271, and
28 amendments thereto, because such person is engaged in the practice of
29 optometry in a state other than Kansas, and if such person is subject to
30 or currently making repayments under this section, and if such person
31 subsequently commences the practice of optometry in this state which
32 complies with the agreements entered into under such statute, the bal-
33 ance of the repayment amount, including interest thereon, from the time
34 of such commencement of practice until the obligation of such person is
35 satisfied, or until the time such person again becomes subject to repay-
36 ments, shall be waived. All repayment amounts due prior to such com-
37 mencement of practice in this state, including interest thereon, shall con-
38 tinue to be payable as provided in this section. If subsequent to such
39 commencement of practice, the person fails to satisfy such obligation, the
40 person again shall be subject to repayments, including interest thereon,
41 as otherwise provided in this section.
42 (f) The state board of regents is authorized to turn any repayment
43 account arising under the optometry service scholarship program over to
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1 a designated loan servicer or collection agency, the state not being in-
2 volved other than to receive payments from the loan servicer or collection
3 agency at the interest rate prescribed under this section.
4 Sec. 9. K.S.A. 74-3273 is hereby amended to read as follows: 74-
5 3273. (a) An obligation to engage in the practice of optometry in accord-
6 ance with an agreement under K.S.A. 74-3271, and amendments thereto,
7 shall be postponed: (1) During any required period of active military
8 service; (2) during any period of service as a part of volunteers in service
9 to America (VISTA); (3) during any period of service in the peace corps;
10 (4) during any period of service commitment to the United States public
11 health service; (5) during any period of religious missionary work con-
12 ducted by an organization exempt from tax under subsection (c) of section
13 501(c)(3) of the federal internal revenue code of 1954, as amended as in
14 effect on December 31, 1998; (6) during the any period of time the person
15 obligated is engaged solely in the teaching of optometry; (7) during the
16 any period of time the person obligated is engaged solely in optometric
17 research; or (8) during any period of time the person obligated is actively
18 engaged on a full-time basis in an approved postgraduate residency train-
19 ing program; (9) during any period of temporary medical disability during
20 which time the person obligated is unable because of such temporary
21 medical disability to practice optometry; (10) during any period of time
22 the person obligated is on job-protected leave under the federal family
23 and medical leave act of 1993; or (11) during any period of time the state
24 board of regents determines that the person obligated is unable because
25 of special circumstances to practice optometry. Except for clause (8) of
26 this subsection (a), clauses (9), (10) and (11), an obligation to engage in
27 the practice of optometry in accordance with an agreement under K.S.A.
28 74-3271, and amendments thereto, shall not be postponed more than five
29 years from the time the practice of optometry was to have been com-
30 menced under any such agreement. An obligation to engage in the prac-
31 tice of optometry in accordance with an agreement under K.S.A. 74-3271,
32 and amendments thereto,shall be postponed under clause (8) (9) of this
33 subsection (a) during the period of time the medical disability exists. An
34 obligation to engage in the practice of optometry in accordance with an
35 agreement under K.S.A. 74-3271, and amendments thereto, shall be post-
36 poned under clause (10) during the period of time the person obligated
37 remains on FMLA leave. An obligation to engage in the practice of op-
38 tometry in accordance with an agreement under K.S.A. 74-3271, and
39 amendments thereto, shall be postponed under clause (11) during the
40 period of time the state board of regents determines that the special cir-
41 cumstances exist. The state board of regents shall adopt rules and regu-
42 lations prescribing criteria or guidelines for determination of the existence
43 of special circumstances causing an inability to practice optometry, and
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1 shall determine the documentation required to prove the existence of such
2 circumstances.
3 (b) An obligation to engage in the practice of optometry in accord-
4 ance with an agreement under K.S.A. 74-3271, and amendments thereto,
5 shall be satisfied: (1) If the obligation to engage in the practice of optom-
6 etry in accordance with an agreement under K.S.A. 74-3271, and amend-
7 ments thereto, has been completed; (2) if the person obligated dies; (3)
8 if, because of permanent physical disability, the person obligated is unable
9 to practice optometry; (4) if the person obligated fails to satisfy the
10 requirements for a degree from an accredited school or college of optom-
11 etry after such person has made their making the best efforts effort pos-
12 sible to obtain such degree; or (5) if the person obligated fails to satisfy
13 all requirements for a permanent license to practice optometry in Kansas
14 or any other jurisdiction or has been denied a license after such person
15 has applied for a license and has made their the best efforts effort possible
16 to obtain a license.
17 Sec. 10. K.S.A. 74-3291 is hereby amended to read as follows: 74-
18 3291. This act shall be known and may be cited as the nursing student
19 service scholarship program.
20 Sec. 11. K.S.A. 1998 Supp. 74-3292 is hereby amended to read as
21 follows: 74-3292. As used in this act:
22 (a) "Committee" means the nursing service scholarship review com-
23 mittee established under K.S.A. 74-3299 and amendments thereto.
24 (b) "Executive officer" means the executive officer of the state board
25 of regents appointed under K.S.A. 74-3203 and amendments thereto.
26 (c) "Rural area" means any county of this state other than Douglas,
27 Johnson, Sedgwick, Shawnee and Wyandotte counties.
28 (d) "School of nursing" means a school within the state of Kansas
29 which is approved by the state board of nursing to grant a diploma, an
30 associate degree or a baccalaureate degree in professional nursing or
31 practical nursing.
32 (e) "Sponsor" means any adult care home licensed under the adult
33 care home licensure act, any medical care facility licensed under K.S.A.
34 65-425 et seq. and amendments thereto, any psychiatric hospital licensed
35 under K.S.A. 75-3307b, and amendments thereto, any home health
36 agency licensed under K.S.A. 65-5101 et seq. and amendments thereto,
37 any local health department as defined in K.S.A. 65-241, and amendments
38 thereto, and any state agency which employs licensed practical nurses or
39 licensed professional nurses.
40 Sec. 12. K.S.A. 74-3293 is hereby amended to read as follows: 74-
41 3293. (a) There is hereby established the nursing student service schol-
42 arship program. A scholarship may be awarded under the nursing student
43 service scholarship program to any qualified nursing student enrolled in
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1 or admitted to a school of nursing in a course of instruction leading to
2 licensure as a licensed professional nurse or licensed practical nurse. The
3 number of new scholarships awarded under the nursing student service
4 scholarship program in each year shall not exceed 250. Of this number,
5 except as otherwise provided in this section, 100 scholarships shall be
6 awarded to nursing students whose sponsors are located in rural areas
7 and who are enrolled in a course of instruction leading to licensure as a
8 registered professional nurse, 50 scholarships shall be awarded for to
9 nursing students enrolled in or admitted to a school of nursing operated
10 by a community college, technical college, area vocational-technical school
11 or area vocational school in a course of instruction leading to licensure as
12 a licensed practical nurse and the remaining 100 scholarships shall be
13 awarded to any nursing students who have a sponsor and who are enrolled
14 in a course of instruction leading to licensure as a registered professional
15 nurse. If all scholarships authorized to be awarded under this section to
16 nursing students whose sponsors are located in rural areas have not been
17 awarded by a date established by the state board of regents, the schol-
18 arships which have not been awarded by that date may be awarded to
19 nursing students who have a sponsor and who are otherwise qualified to
20 be awarded a scholarship under the nursing student service scholarship
21 program. The determination of the individuals qualified for such schol-
22 arships shall be made by the executive officer after seeking advice from
23 the committee. Within each scholarship category prescribed by this sub-
24 section, scholarships shall be awarded on a priority basis to qualified ap-
25 plicants who have the greatest financial need for such scholarships. To
26 the extent practicable and consistent with the other provisions of this
27 section, consideration shall be given to minority applicants.
28 (b) Scholarships awarded under the nursing student service scholar-
29 ship program shall be awarded for the length of the course of instruction
30 leading to licensure as a licensed professional nurse or licensure as a
31 licensed practical nurse in which the student is enrolled in or admitted
32 to unless otherwise terminated before the expiration of such period of
33 time. Such scholarships shall provide (1) to the a nursing student receiving
34 the scholarship enrolled in or admitted to a school of nursing operated by
35 a state educational institution, a municipal university, a community col-
36 lege, a technical college, an area vocational-technical school or an area
37 vocational school, the payment of and amount not to exceed 70% of the
38 amount of tuition, fees, books, room and board in an amount to not exceed
39 the total of $3,500 annually for a year, and (2) to a nursing student en-
40 rolled in or admitted to a school of nursing operated by an independent
41 institution of higher education, the payment of any amount not to exceed
42 70% of the average amount for a year of tuition, fees, books, room and
43 board required of nursing students enrolled in a school of nursing oper-
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1 ated by a state educational institution. The amount of each scholarship
2 shall be established annually by the executive officer and shall be financed
3 equally by the sponsor of the nursing student and by the state of Kansas
4 except that if the sponsor is located in a rural area or is a health care
5 facility which has less than 100 beds, the total amount of the scholarship
6 financed by such sponsor shall not exceed $1,000 and the balance of such
7 amount shall be paid by the state of Kansas.
8 Sec. 13. K.S.A. 74-3294 is hereby amended to read as follows: 74-
9 3294. (a) An applicant for a scholarship under the nursing student service
10 scholarship program shall provide to the executive officer, on forms sup-
11 plied by the executive officer, the following information:
12 (1) The name and address of the applicant;
13 (2) the name and address of the school of nursing which the applicant
14 is enrolled in or to which the applicant has been admitted;
15 (3) the name and address of the sponsor of the applicant and a ver-
16 ified copy of the agreement entered into by the applicant and the sponsor
17 in accordance with the provisions of this act the nursing service scholar-
18 ship program; and
19 (4) any additional information which may be required by the execu-
20 tive officer.
21 (b) As a condition to awarding a scholarship under this act the nursing
22 service scholarship program, the executive officer and the applicant for
23 a scholarship shall enter into an agreement which shall require that the
24 scholarship recipient:
25 (1) Complete the required course of instruction and attain licensure
26 with the Kansas state board of nursing as a licensed professional nurse or
27 a licensed practical nurse;
28 (2) engage in the full-time practice of nursing, or the equivalent to
29 full-time practice as specified by rules and regulations of the state board
30 of regents adopted in accordance with the provisions of K.S.A. 74-3297
31 and amendments thereto, in the employment of the sponsor in accord-
32 ance with the agreement entered into by the scholarship recipient and
33 the sponsor and comply with such other terms and conditions as may be
34 specified by such agreement; continue such full-time practice, or the
35 equivalent to full-time practice, for the total amount of time required
36 under the agreement, which shall be for a period of not less than the length
37 of the course of instruction for which scholarship assistance was provided,
38 or engage in the part-time practice of nursing, equivalent to at least 3/4
39 time, in the employment of the sponsor in accordance with the agreement
40 entered into by the scholarship recipient and the sponsor and continue
41 such part-time practice for the total amount of time required under the
42 agreement, which shall be for a period of not less than 11/2 times the length
43 of the course of instruction for which scholarship assistance was provided,
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1 or engage in the part-time practice of nursing, equivalent to at least 1/2
2 time, in the employment of the sponsor in accordance with the agreement
3 entered into by the scholarship recipient and the sponsor and continue
4 such part-time practice for the total amount of time required under the
5 agreement, which shall be for a period of not less than twice the length
6 of the course of instruction for which scholarship assistance was provided;
7 (3) commence the full-time practice of nursing, or the equivalent to
8 full-time practice as specified by rules and regulations of the state board
9 of regents adopted in accordance with the provisions of K.S.A. 74-3297
10 and amendments thereto, or the part-time practice of nursing, within six
11 months after registration in accordance with the agreement entered into
12 by the scholarship recipient and the sponsor and, continue such full-time
13 practice, or equivalent to full-time practice, for the total amount of time
14 required under the agreement, which shall be for a period of not less
15 than the length of the course of instruction for which the scholarship
16 assistance was provided and comply with such other terms and conditions
17 as may be specified by such agreement;
18 (4) maintain records and make reports to the executive officer as may
19 be required by the executive officer to document the satisfaction of the
20 obligations under this act the nursing service scholarship program and
21 under agreements entered into with the sponsor; and
22 (5) upon failure to satisfy an agreement to engage in the full-time
23 practice of nursing, or the equivalent to full-time practice as specified by
24 rules and regulations of the state board of regents adopted in accordance
25 with the provisions of K.S.A. 74-3297 and amendments thereto, or the
26 part-time practice of nursing, for the required period of time under any
27 such agreement, repay to the state and to the sponsor amounts as pro-
28 vided in K.S.A. 74-3295, and amendments thereto.
29 (c) Upon the awarding of a scholarship under the nursing student
30 service scholarship program, the sponsor shall pay to the executive officer
31 the amount of such scholarship to be financed by the sponsor. Each such
32 amount shall be deposited in the nursing student service scholarship pro-
33 gram fund in accordance with K.S.A. 74-3298, and amendments thereto.
34 (d) The sponsorship by a scholarship recipient may be transferred
35 from one sponsor to another upon the agreement of the original sponsor,
36 the scholarship recipient and the sponsor to which the sponsorship is to
37 be transferred. The terms, conditions and obligations of the transferred
38 agreement shall be substantially similar to the terms, conditions and ob-
39 ligations of the original agreement. No sponsorship shall be transferred
40 unless the agreement transferring such sponsorship provides for service
41 in a rural area and is approved by the executive officer as consistent with
42 the provisions of the nursing student service scholarship program and as
43 consistent with any rules and regulations relating thereto adopted by the
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1 state board of regents in accordance with the provisions of K.S.A. 74-
2 3297, and amendments thereto.
3 Sec. 14. K.S.A. 1998 Supp. 74-3295 is hereby amended to read as
4 follows: 74-3295. (a) Except as provided in K.S.A. 74-3296, and amend-
5 ments thereto, upon the failure of any person to satisfy the obligation
6 under any agreement entered into pursuant to the nursing student service
7 scholarship program, such person shall pay to the executive officer an
8 amount equal to the total amount of money received by such person
9 pursuant to such agreement which was financed by the state of Kansas
10 plus annual accrued interest at a rate of 15% which is equivalent to the
11 average yield before taxes received on 52-week United States treasury bills
12 as determined by the federal reserve banks as fiscal agents of the United
13 States at its most recent public offering of such bills immediately prior to
14 the time such person first entered into an agreement plus three percentage
15 points and shall pay to the sponsor an amount equal to the total amount
16 of money received by such person pursuant to such agreement which was
17 financed by the sponsor plus annual accrued interest at a rate of 15%
18 which is equivalent to the average yield before taxes received on 52-week
19 United States treasury bills as determined by the federal reserve banks as
20 fiscal agents of the United States at its most recent public offering of such
21 bills immediately prior to the time such person first entered into an agree-
22 ment plus three percentage points. Installment payments of any such
23 amounts may be made in accordance with the provisions of agreements
24 entered into by the scholarship recipient and the sponsor or if no such
25 provisions exist in such agreements, in accordance with rules and regu-
26 lations of the state board of regents, except that such installment pay-
27 ments shall commence six months after the date of the action or circum-
28 stances that cause the failure of the person to satisfy the obligations of
29 such agreements, as determined by the executive officer based upon the
30 circumstances of each individual case. Amounts paid under this section
31 to the executive officer shall be deposited in the nursing student service
32 scholarship repayment fund in accordance with K.S.A. 74-3298, and
33 amendments thereto.
34 (b) The state board of regents is authorized to turn any repayment
35 account arising under the nursing service scholarship program over to a
36 designated loan servicer or collection agency, the state not being involved
37 other than to receive payments from the loan servicer or collection agency
38 at the interest rate prescribed under this section.
39 Sec. 15. K.S.A. 1998 Supp. 74-3296 is hereby amended to read as
40 follows: 74-3296. (a) Except as otherwise specified in the agreement with
41 the sponsor, an obligation under any agreement entered into under the
42 nursing student scholarship program shall be postponed: (1) During any
43 required period of active military service; (2) during any period of service
HB 2014
17
1 as a part of volunteers in service to America (VISTA); (3) during any
2 period of service in the peace corps; (4) during any period of service
3 commitment to the United States public health service; (5) during any
4 period of religious missionary work conducted by an organization exempt
5 from tax under subsection (c) of section 501(c)(3) of the federal internal
6 revenue code of 1986 as in effect on January 1, 1989 December 31, 1998;
7 (6) during any period of temporary medical disability during which time
8 the person obligated is unable because of such temporary medical disa-
9 bility to practice professional nursing; or (7) during any period of time
10 the person obligated is enrolled and actively engaged on a full-time basis
11 in a course of study leading to a degree in the field of nursing which is
12 higher than that attained formerly by the person obligated; (8) during
13 any period of time the person obligated is on job-protected leave under
14 the federal family and medical leave act of 1993; or (9) during any period
15 of time the state board of regents determines that the person obligated is
16 unable because of special circumstances to practice nursing. Except for
17 clause clauses (6) of this subsection (a), (8) and (9), an obligation under
18 any agreement entered into under as provided in the nursing student
19 service scholarship program shall not be postponed more than five years
20 from the time the obligation was to have been commenced under any
21 such agreement. An obligation under any agreement under entered into
22 as provided in the nursing student service scholarship program shall be
23 postponed under clause (6) of this subsection (a) during the period of
24 time the medical disability exists. An obligation under any agreement
25 entered into as provided in the nursing service scholarship program shall
26 be postponed under clause (8) during the period of time the person obli-
27 gated remains on FMLA leave. An obligation under any agreement en-
28 tered into as provided in the nursing service scholarship program shall
29 be postponed under clause (9) during the period of time the state board
30 of regents determines that the special circumstances exist. The state board
31 of regents shall adopt rules and regulations prescribing criteria or guide-
32 lines for determination of the existence of special circumstances causing
33 an inability to satisfy an obligation under any agreement entered into as
34 provided in the nursing service scholarship program, and shall determine
35 the documentation required to prove the existence of such circum-
36 stances.Except for clause clauses (1) or clause, (6) of this subsection (a),
37 (8) and (9), an obligation under any agreement entered into under as
38 provided in the nursing service scholarship program shall not be post-
39 poned unless the postponement is approved by the sponsor or is other-
40 wise provided for in the agreement with the sponsor.
41 (b) An obligation under any agreement under entered into as pro-
42 vided in the nursing student service scholarship program shall be satisfied:
43 (1) If the obligation in accordance with an agreement under the nursing
HB 2014
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1 student scholarship program has been completed in accordance with the
2 agreement; (2) if the person obligated dies; (3) if, because of permanent
3 physical disability, the person obligated is unable to satisfy the obligation;
4 (4) if the person obligated fails to satisfy the requirements for graduation
5 from the school of nursing after making the best effort possible to do so;
6 (5) if the person obligated fails to satisfy all requirements for a permanent
7 license to practice nursing in Kansas or has been denied a license after
8 applying for a license and making the best effort possible to obtain such
9 license; (6) if, because of bankruptcy, loss of licensure or certification or
10 other failure in the operations of the sponsor, the sponsor cannot or will
11 not employ the person obligated; or (7) if the sponsor releases the person
12 obligated from employment with the sponsor and the person obligated
13 otherwise completes the terms, conditions and obligations of the agree-
14 ment under the nursing student scholarship program by engaging in the
15 practice of nursing in Kansas.
16 Sec. 16. K.S.A. 74-3297 is hereby amended to read as follows: 74-
17 3297. The state board of regents, after consultation with the committee,
18 may adopt rules and regulations establishing minimum terms, conditions
19 and obligations which shall be incorporated into the provisions of any
20 agreement entered into between a sponsor and the recipient of a schol-
21 arship under the nursing student service scholarship program. The terms,
22 conditions and obligations shall be consistent with the provisions of law
23 relating to the nursing student service scholarship program. The terms,
24 conditions and obligations so established shall include, but not be limited
25 to, the terms of eligibility for financial assistance under the nursing stu-
26 dent service scholarship program, the amount of financial assistance to
27 be offered, the length of employment with the sponsor required as a
28 condition to the receipt of such financial assistance, the circumstances
29 under which such the employment obligation may be discharged or for-
30 given, the amount of money required to be repaid because of failure to
31 satisfy the obligations under an agreement and the method of repayment
32 and such other additional provisions as may be necessary to carry out the
33 provisions of the nursing student service scholarship program. The state
34 board of regents, after consultation with the committee, shall adopt rules
35 and regulations establishing criteria for evaluating the financial need of
36 applicants for scholarships and may adopt such other rules and regulations
37 as may be necessary to administer the nursing student service scholarship
38 program.
39 Sec. 17. K.S.A. 1998 Supp. 74-3298 is hereby amended to read as
40 follows: 74-3298. (a) There is hereby created in the state treasury the
41 nursing student service scholarship program fund. The executive officer
42 shall remit all moneys received from sponsors, which are paid under
43 K.S.A. 74-3294, and amendments thereto, pursuant to scholarship
HB 2014
19
1 awards, or from a school of nursing, which are paid because of nonat-
2 tendance or discontinued attendance by scholarship recipients and which
3 are attributable to sponsors, under the nursing student service scholarship
4 program to the state treasurer at least monthly. Upon receipt of each such
5 remittance, the state treasurer shall deposit the entire amount thereof in
6 the state treasury and such amount shall be credited to the nursing stu-
7 dent service scholarship program fund. All expenditures from the nursing
8 student service scholarship program fund shall be for scholarships
9 awarded under the nursing student service scholarship program or re-
10 funds to sponsors and shall be made in accordance with appropriation
11 acts upon warrants of the director of accounts and reports issued pursuant
12 to vouchers approved by the executive officer or by a person designated
13 by the executive officer.
14 (b) There is hereby created in the state treasury the nursing student
15 service scholarship discontinued attendance fund. The executive officer
16 shall remit all moneys received under the nursing student service schol-
17 arship program from a school of nursing, which are paid because of non-
18 attendance or discontinued attendance by scholarship recipients and
19 which are attributable to sources other than sponsors, to the state trea-
20 surer at least monthly. Upon receipt of each such remittance the state
21 treasurer shall deposit the entire amount thereof in the state treasury,
22 and such amount shall be credited to the nursing student service schol-
23 arship discontinued attendance fund. All expenditures from the nursing
24 student service scholarship discontinued attendance fund shall be for
25 scholarships awarded under the nursing student service scholarship pro-
26 gram and shall be made in accordance with appropriation acts upon war-
27 rants of the director of accounts and reports issued pursuant to vouchers
28 approved by the executive officer or by a person designated by the ex-
29 ecutive officer.
30 (c) There is hereby created in the state treasury the nursing student
31 service scholarship repayment fund. The executive officer shall remit all
32 moneys received for amounts paid under K.S.A. 74-3295, and amend-
33 ments thereto, to the state treasurer at least monthly. Upon receipt of
34 each such remittance the state treasurer shall deposit the entire amount
35 thereof in the state treasury, and such amount shall be credited to the
36 nursing student service scholarship repayment fund. All expenditures
37 from the nursing student service scholarship repayment fund shall be for
38 scholarships awarded under the nursing student service scholarship pro-
39 gram and shall be made in accordance with appropriation acts upon war-
40 rants of the director of accounts and reports issued pursuant to vouchers
41 approved by the executive officer or by a person designated by the ex-
42 ecutive officer.
43 Sec. 18. K.S.A. 74-3299 is hereby amended to read as follows: 74-
HB 2014
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1 3299. (a) There is hereby created the nursing service scholarship review
2 committee which shall consist of the following members appointed by
3 the governor: One member representing Kansas hospitals; one member
4 representing Kansas adult care homes; one member representing Kansas
5 registered nurses; one member representing nursing education programs
6 other than at a college or university under the control and supervision of
7 the state board of regents state educational institution; and the chief ex-
8 ecutive officer of a college or university under the control and supervision
9 of the state board of regents state educational institution which college
10 or university has a school of nursing.
11 (b) The members of the nursing service scholarship review commit-
12 tee appointed by the governor shall be appointed for three-year terms
13 and shall serve until their successors are appointed and qualified. Upon
14 the vacancy of a position on the committee appointed by the governor,
15 the governor shall appoint a person of like qualifications to fill such po-
16 sition. If a vacancy occurs prior to the expiration of a term, the governor
17 shall appoint a person of like qualifications to fill such position for the
18 unexpired term.
19 (c) The nursing service scholarship review committee shall elect an-
20 nually from among its members a chairperson. The committee shall meet
21 on the call of the chairperson or upon the request of a majority of the
22 members of the committee. A majority of the members of the committee
23 shall constitute a quorum.
24 (d) The nursing service scholarship review committee shall provide
25 oversight of the nursing student service scholarship program and shall be
26 advisory to the executive officer and the state board of regents in the
27 administration of such program. The committee shall exercise such other
28 powers and duties as may be specified by law.
29 (e) The executive officer and other office staff of the state board of
30 regents shall provide staff assistance to the nursing service scholarship
31 review committee.
32 (f) The members of the nursing service scholarship review committee
33 who are not state officers or employees and who are attending meetings
34 of such committee, or attending a subcommittee meeting thereof au-
35 thorized by such committee, shall be paid amounts provided in subsection
36 (e) of K.S.A. 75-3223, and amendments thereto. Amounts paid under this
37 subsection (f) shall be from appropriations to the state board of regents
38 upon warrants of the director of accounts and reports issued pursuant to
39 vouchers approved by the executive officer or a person designated by the
40 executive officer.
41 Sec. 19. K.S.A. 74-32,100 is hereby amended to read as follows: 74-
42 32,100. This act shall be known and may be cited as the teacher service
43 scholarship program.
HB 2014
21
1 Sec. 20. K.S.A. 74-32,101 is hereby amended to read as follows: 74-
2 32,101. As used in this act:
3 (a) "Executive officer" means the executive officer of the state board
4 of regents appointed under K.S.A. 74-3203, and amendments thereto;
5 (b) "qualified student" means a person who: (1) Is a resident of the
6 state of Kansas; (2) has been accepted for admission to or is enrolled full
7 time in a course of instruction leading to certification in a hard-to-fill
8 teaching discipline as a teacher; and (3) has qualified for the award of a
9 scholarship under the teacher service scholarship program on the basis
10 of having demonstrated scholastic ability, or who has previously so qual-
11 ified and remains qualified for renewal of the scholarship on the basis of
12 remaining in good standing and making satisfactory progress toward com-
13 pletion of the requirements of the course of instruction in which enrolled;
14 (c) "hard-to-fill teaching discipline" means a teaching discipline in
15 which there is a critical shortage of teachers as determined and specified
16 by the state board of education.;
17 (d) "underserved area" means a geographical area of the state in
18 which there is a critical shortage of teachers as determined and specified
19 by the state board of education.
20 Sec. 21. K.S.A. 74-32,102 is hereby amended to read as follows: 74-
21 32,102. (a) There is hereby established the teacher service scholarship
22 program. A scholarship may be awarded under the teacher service schol-
23 arship program to any qualified student and may be renewed for each
24 such student who remains qualified for the scholarship. The number of
25 new scholarships awarded under the program in each year shall not ex-
26 ceed 50. Determination of the students qualified for such scholarships
27 shall be made by the executive officer. Scholastic ability shall be deter-
28 mined on the basis of any one or more of the following: (1) High ACT or
29 SAT score; (2) rank in high school graduation class; (3) cumulative high
30 school or college grade point average; or (4) any other indicator of scho-
31 lastic ability which the state board of regents determines to be demon-
32 strative of potential for successful completion of a course of instruction
33 leading to certification in a hard-to-fill teaching discipline as a teacher.
34 To the extent practicable and consistent with qualification factors, con-
35 sideration shall be given to students who are members of ethnic minority
36 groups.
37 (b) A scholarship awarded under the program shall provide for pay-
38 ment (1) to a qualified student of a stipend in the amount of $5,000
39 enrolled in or admitted to a teacher education program maintained by a
40 state educational institution or a municipal university, the payment of an
41 amount not to exceed 70% of the amount of tuition and required fees for
42 an academic year; and (2) to a qualified student enrolled in or admitted
43 to a teacher education program maintained by an independent institution
HB 2014
22
1 of higher education, the payment of an amount not to exceed 70% of the
2 average amount for an academic year of tuition and fees required of qual-
3 ified students enrolled in a teacher education program maintained by a
4 state educational institution. A qualified student may be awarded a schol-
5 arship for not more than four academic years of undergraduate study,
6 except that a qualified student who is enrolled full time in a course of
7 instruction leading to certification in a hard-to-fill teaching discipline for
8 which graduate study is required may be awarded a scholarship for the
9 duration of the course of instruction.
10 Sec. 22. K.S.A. 74-32,103 is hereby amended to read as follows: 74-
11 32,103. (a) An applicant for designation as a qualified student and for the
12 award of a scholarship under the teacher service scholarship program shall
13 provide to the executive officer, on forms supplied by the executive of-
14 ficer, information required by the executive officer.
15 (b) As a condition to awarding a scholarship under this act, the ex-
16 ecutive officer and the applicant shall enter into an agreement which shall
17 require the applicant to:
18 (1) Complete the required course of instruction leading to certifica-
19 tionin a hard-to-fill teaching discipline as a teacher;
20 (2) engage in teaching in Kansas in an underserved area or in a hard-
21 to-fill teaching discipline in Kansas and comply with such other terms and
22 conditions as may be specified by such agreement;
23 (3) commence teaching on a full-time basis in a hard-to-fill teaching
24 discipline in Kansas in an accredited public or private elementary or sec-
25 ondary school in accordance with the agreement, which shall be and con-
26 tinue teaching on a full-time basis for a period of not less than the length
27 of the course of instruction for which the scholarship was awarded or
28 commence teaching on a part-time basis, equivalent to at least 3/4 time, in
29 Kansas in an accredited public or private elementary or secondary school
30 in accordance with the agreement and continue teaching on such a part-
31 time basis for a period of not less than 11/2 times the length of the course
32 of instruction for which the scholarship was awarded or commence teach-
33 ing on a part-time basis, equivalent to at least 1/2 time, in Kansas in an
34 accredited public or private elementary or secondary school in accordance
35 with the agreement and continue teaching on such a part-time basis for
36 a period of not less than twice the length of the course of instruction for
37 which the scholarship was awarded;
38 (4) commence teaching in Kansas on a full-time or part-time basis
39 within six months after certification and continue teaching for the period
40 of time required by the agreement;
41 (4) (5) maintain records and make reports to the executive officer as
42 required by the executive officer to document the satisfaction of the ob-
43 ligations under this act and the agreement; and
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23
1 (5) (6) upon failure to satisfy an agreement to engage in teaching in
2 an underserved area or in a hard-to-fill teaching discipline for the re-
3 quired period of time under any such agreement, repay to the state
4 amounts as provided in K.S.A. 74-32,104, and amendments thereto.
5 Sec. 23. K.S.A. 1998 Supp. 74-32,104 is hereby amended to read as
6 follows: 74-32,104.(a) Except as provided in K.S.A. 74-32,105, and
7 amendments thereto, upon the failure of any person to satisfy the obli-
8 gation under any agreement entered into pursuant to the teacher service
9 scholarship program, such person shall pay to the executive officer an
10 amount equal to the total amount of money received by such person
11 pursuant to such agreement plus annual accrued interest at a rate of 15%,
12 which is equivalent to the average yield before taxes received on 52-week
13 United States treasury bills as determined by the federal reserve banks as
14 fiscal agents of the United States at its most recent public offering of such
15 bills immediately prior to the time such person first entered into an agree-
16 ment plus three percentage points. Amounts of payment under this section
17 shall be adjusted proportionately for full years of the obligation that have
18 been satisfied. Installment payments of any such amounts may be made
19 in accordance with the provisions of the agreement entered into by the
20 scholarship recipient or if no such provisions exist in such agreement, in
21 accordance with rules and regulations of the state board of regents, except
22 that such installment payments shall commence six months after the date
23 of the action or circumstances that cause the failure of the person to
24 satisfy the obligations of such agreements, as determined by the executive
25 officer based upon the circumstances of each individual case. Amounts
26 paid under this section to the executive officer shall be deposited in the
27 teacher service scholarship repayment fund in accordance with K.S.A. 74-
28 32,107,and amendments thereto.
29 (b) The state board of regents is authorized to turn any repayment
30 account arising under the teacher service scholarship program over to a
31 designated loan servicer or collection agency, the state not being involved
32 other than to receive payments from the loan servicer or collection agency
33 at the interest rate prescribed under this section.
34 Sec. 24. K.S.A. 74-32,105 is hereby amended to read as follows: 74-
35 32,105. (a) Except as otherwise specified in the agreement, an obligation
36 under any agreement entered into under the teacher service scholarship
37 program shall be postponed: (1) During any required period of active
38 military service; (2) during any period of service as a part of volunteers
39 in service to America (VISTA); (3) during any period of service in the
40 peace corps; (4) during any period of service commitment to the United
41 States public health service; (5) during any period of religious missionary
42 work conducted by an organization exempt from tax under section
43 501(c)(3) of the federal internal revenue code as in effect on December
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24
1 31, 1998; (2) (6) during any period of temporary medical disability during
2 which time the person obligated is unable because of such temporary
3 medical disability to teach a hard-to-fill teaching discipline;or (3) (7)dur-
4 ing any period of time the person obligated is enrolled and actively en-
5 gaged on a full-time basis in a course of study leading to a degree in the
6 field of education as a hard-to-fill teaching discipline which is higher than
7 that formerly attained formerly by the person obligated; (8) during any
8 period of time the person obligated is on job-protected leave under the
9 federal family and medical leave act of 1993; or (9) during any period of
10 time the state board of regents determines that the person obligated is
11 unable because of special circumstances to teach. Except for clause (2) of
12 this subsection (a) clauses (6), (8) and (9), an obligation under any agree-
13 ment entered into under as provided in the teacher service scholarship
14 program shall not be postponed more than five years from the time the
15 obligation was to have been commenced under any such agreement. An
16 obligation under any agreement under entered into as provided in the
17 teacher service scholarship program shall be postponed under clause (2)
18 of this subsection (a) (6) during the period of time the medical disability
19 exists. Except for clause (1) or clause (2) of this subsection (a), An obli-
20 gation under any agreement entered into under as provided inthe teacher
21 service scholarship program shall not be postponed unless the postpone-
22 ment is provided for in the agreement under clause (8) during the period
23 of time the person obligated remains on FMLA leave. An obligation to
24 engage in teaching in accordance with an agreement under the teacher
25 service scholarship program shall be postponed under clause (9) during
26 the period of time the state board of regents determines that the special
27 circumstances exist. The state board of regents shall adopt rules and reg-
28 ulations prescribing criteria or guidelines for determination of the exis-
29 tence of special circumstances causing an inability to teach, and shall
30 determine the documentation required to prove the existence of such
31 circumstances.
32 (b) An obligation under any agreement under entered into as pro-
33 vided in the teacher service scholarship program shall be satisfied: (1) If
34 the obligation in accordance with an agreement under the scholarship
35 program has been completed in accordance with the agreement; (2) if the
36 person obligated dies; (3) if, because of permanent physical disability, the
37 person obligated is unable to satisfy the obligation; or (4) if the person
38 obligated fails to satisfy all the requirements to enable the recipient to
39 teach a hard-to-fill teaching discipline for a graduation from a teacher
40 education program after making the best effort possible; (5) if the person
41 obligated fails to satisfy all requirements for certification to teach in Kan-
42 sas or has been denied certification after applying for a certificate to teach
43 and making the best effort possible to obtain such certificate; or (6) if the
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25
1 person obligated is unable to obtain employment as a teacher in an un-
2 derserved area or in a hard-to-fill teaching discipline after making the
3 best effort possible to obtain such employment and the person obligated
4 otherwise completes the terms, conditions and obligations of the
5 agreement.
6 Sec. 25. K.S.A. 74-32,106 is hereby amended to read as follows: 74-
7 32,106. The state board of regents shall adopt rules and regulations for
8 administration of the teacher service scholarship program and shall es-
9 tablish terms, conditions and obligations which shall be incorporated into
10 the provisions of any agreement entered into between the executive of-
11 ficer and an applicant for the award of a scholarship under the program.
12 The terms, conditions and obligations shall be consistent with the provi-
13 sions of law relating to the program and shall include, but not be limited
14 to, the circumstances under which eligibility for financial assistance under
15 the program may be terminated, the amount of financial assistance to be
16 provided, the circumstances under which obligations may be discharged
17 or forgiven, the amount of money required to be repaid because of failure
18 to satisfy the obligations under an agreement and the method of
19 repayment.
20 Sec. 26. K.S.A. 1998 Supp. 74-32,107 is hereby amended to read as
21 follows: 74-32,107. (a) There is hereby created in the state treasury the
22 teacher service scholarship program fund. The executive officer shall re-
23 mit all moneys received under the teacher service scholarship program,
24 which are paid because of nonattendance or discontinuance by scholar-
25 ship recipients, to the state treasurer at least monthly. Upon receipt of
26 each such remittance the state treasurer shall deposit the entire amount
27 thereof in the state treasury, and such amount shall be credited to the
28 teacher service scholarship program fund. All expenditures from the
29 teacher service scholarship program fund shall be for scholarships
30 awarded under the teacher service scholarship program and shall be made
31 in accordance with appropriation acts upon warrants of the director of
32 accounts and reports issued pursuant to vouchers approved by the exec-
33 utive officer or by a person designated by the executive officer.
34 (b) There is hereby created in the state treasury the teacher service
35 scholarship repayment fund. The executive officer shall remit all moneys
36 received under the teacher service scholarship program, which are for
37 payment of amounts pursuant to K.S.A. 74-32,104, and amendments
38 thereto, to the state treasurer at least monthly. Upon receipt of each such
39 remittance the state treasurer shall deposit the entire amount thereof in
40 the state treasury, and such amount shall be credited to the teacher serv-
41 ice scholarship repayment fund. All expenditures from the teacher service
42 scholarship repayment fund shall be for scholarships awarded under the
43 teacher service scholarship program and shall be made in accordance with
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26
1 appropriation acts upon warrants of the director of accounts and reports
2 issued pursuant to vouchers approved by the executive officer or by a
3 person designated by the executive officer.
4 Sec. 27. K.S.A. 1998 Supp. 74-32,114 is hereby amended to read as
5 follows: 74-32,114. (a) A fellowship may be awarded under the Kansas
6 ethnic minority fellowship program to any qualified ethnic minority grad-
7 uate student and may be renewed for each such student who remains
8 qualified for the fellowship. Subject to appropriations therefor, the num-
9 ber of new fellowships awarded under the program in each year shall not
10 exceed 40. Determination of the graduate students qualified for such
11 fellowships shall be made by the executive officer in consultation with the
12 chief academic officers of the state educational institutions. The state
13 board of regents shall establish, by rules and regulations, indicators of
14 scholastic ability for determination of the qualifications of ethnic minority
15 graduate students for the award of fellowships under the program.
16 (b) A fellowship awarded under the program shall provide for pay-
17 ment to a qualified ethnic minority graduate student of a stipend in the
18 an amount of $8,000 not to exceed 70% of the amount of tuition and
19 required fees for an academic year. Such stipends may be enhanced by
20 the state educational institutions. A qualified ethnic minority graduate
21 student may be awarded a fellowship in each academic year until the
22 requirements of the graduate program in which the student is enrolled
23 are completed.
24 Sec. 28. K.S.A. 1998 Supp. 74-32,115 is hereby amended to read as
25 follows: 74-32,115. (a) An applicant for designation as a qualified ethnic
26 minority graduate student and for the award of a fellowship under the
27 Kansas ethnic minority fellowship program shall provide such information
28 to the executive officer as the executive officer may require.
29 (b) As a condition to awarding a fellowship under this act, the exec-
30 utive officer and the applicant shall enter into an agreement which shall
31 require the applicant to:
32 (1) Complete the requirements of the graduate program in which
33 enrolled;
34 (2) enter into the employ full-time employment in Kansas of an ac-
35 credited educational elementary or secondary school or an accredited
36 institution in Kansas of postsecondary education and continue in such
37 employment for a period of time not less than the period for which fi-
38 nancial assistance was provided under the program or enter into the part-
39 time employment in Kansas, equivalent to at least 3/4 time, of an accredited
40 elementary or secondary school or an accredited institution of postsecon-
41 dary education and continue in such employment for a period of time not
42 less than 11/2 times the period for which financial assistance was provided
43 under the program or enter into the part-time employment in Kansas,
HB 2014
27
1 equivalent to at least 1/2 time, of an accredited elementary or secondary
2 school or an accredited institution of postsecondary education and con-
3 tinue in such employment for a period of not less than twice the period
4 of time for which financial assistance was provided under the program;
5 (3) enter into the full-time or part-time employment in Kansas of an
6 accredited elementary or secondary school or an accredited institution of
7 postsecondary education within six months after completion of the
8 requirements of the graduate program in which enrolled or within six
9 months after completion of the requirements of such program and certi-
10 fication to teach if necessary, whichever is later, and continue such em-
11 ployment for the period of time required by the agreement;
12 (3) (4) maintain records and make reports to the executive officer as
13 required by the executive officer to document the satisfaction of the ob-
14 ligations under this act and the agreement; and
15 (4) (5) upon failure to satisfy any obligation under this act or the
16 agreement, repay to the state amounts as provided in K.S.A. 1998 Supp.
17 74-32,116, and amendments thereto.
18 Sec. 29. K.S.A. 1998 Supp. 74-32,116 is hereby amended to read as
19 follows: 74-32,116.(a) Except as provided in K.S.A. 1998 Supp. 74-32,117,
20 upon the failure of a person to satisfy any obligation under an agreement
21 entered into pursuant to in accordance with the Kansas ethnic minority
22 fellowship program, such person shall pay to the executive officer an
23 amount equal to the total amount of money received by such person
24 pursuant to such agreement plus annual accrued interest at a rate of 15%,
25 which is equivalent to the average yield before taxes received on 52-week
26 United States treasury bills as determined by the federal reserve banks as
27 fiscal agents of the United States at its most recent public offering of such
28 bills immediately prior to the time such person first entered into an agree-
29 ment plus three percentage points. Amounts of payment under this section
30 shall be adjusted proportionately for full years of performance of the
31 obligations that have been satisfied. Installment payments of any such
32 amounts may be made in accordance with the provisions of the agreement
33 entered into by the fellowship recipient or if no such provisions exist in
34 such agreement, in accordance with rules and regulations of the state
35 board of regents, except that such installment payments shall commence
36 six months after the date of the action or circumstances that cause the
37 failure of the person to satisfy the obligations of such agreements, as
38 determined by the executive officer based upon the circumstances of each
39 individual case. Amounts paid under this section to the executive officer
40 shall be deposited in the Kansas ethnic minority fellowship program fund
41 in accordance with K.S.A. 1998 Supp. 74-32,119, and amendments
42 thereto.
43 (b) The state board of regents is authorized to turn any repayment
HB 2014
28
1 account arising under the Kansas ethnic minority fellowship program over
2 to a designated loan servicer or collection agency, the state not being
3 involved other than to receive payments from the loan servicer or collec-
4 tion agency at the interest rate prescribed under this section.
5 Sec. 30. K.S.A. 1998 Supp. 74-32,117 is hereby amended to read as
6 follows: 74-32,117. (a) Except as otherwise specified in the agreement,
7 an obligation under any agreement entered into under in accordance with
8 the Kansas ethnic minority fellowship program shall be postponed: (1)
9 During any required period of active military service; (2) during any pe-
10 riod of service as a part of volunteers in service to America (VISTA); (3)
11 during any period of service in the peace corps; (4) during any period of
12 service commitment to the United States public health service; (5) during
13 any period of religious missionary work conducted by an organization
14 exempt from tax under section 501(c)(3) of the federal internal revenue
15 code as in effect on December 31, 1998; (2) (6) during any period of
16 temporary medical disability time in which the person obligated is unable
17 because of such temporary medical disability to commence or continue
18 performance in satisfaction of the obligation; or (3) (7)during any period
19 of time the person obligated is enrolled and actively engaged on a full-
20 time basis in a graduate program leading to a degree which is higher than
21 that formerly attained formerly by the person obligated; (8) during any
22 period of time the person obligated is on job-protected leave under the
23 federal family and medical leave act of 1993; or (9) during any period of
24 time the state board of regents determines that the person obligated is
25 unable because of special circumstances to commence or continue per-
26 formance in satisfaction of the obligation. Except for clause (2) of this
27 subsection (a) clauses (6), (8) and (9), an obligation under any agreement
28 entered into under in accordance with the Kansas ethnic minority fellow-
29 ship program shall not be postponed more than five years from the time
30 performance of the obligation was to have been commenced under any
31 such agreement. An obligation under any agreement under entered into
32 in accordance with the program shall be postponed under clause (2) of
33 this subsection (a) (6) during the period of time the medical disability
34 exists. Except for clause (1) or clause (2) of this subsection (a), An obli-
35 gation under any agreement entered into under in accordance with the
36 program shall not be postponed unless the postponement is provided for
37 in the agreement under clause (8) during the period of time the person
38 obligated remains on FMLA leave. An obligation to commence or continue
39 performance in satisfaction of the obligation in accordance with an agree-
40 ment under the Kansas ethnic minority fellowship program shall be post-
41 poned under clause (9) during the period of time the state board of regents
42 determines that the special circumstances exist. The state board of regents
43 shall adopt rules and regulations prescribing criteria or guidelines for
HB 2014
29
1 determination of the existence of special circumstances causing an inabil-
2 ity to commence or continue performance in satisfaction of the obligation,
3 and shall determine the documentation required to prove the existence of
4 such circumstances.
5 (b) An obligation under any agreement under entered into in accord-
6 ance with the Kansas ethnic minority fellowship program shall be satis-
7 fied: (1) If performance of the obligation in accordance with an agreement
8 entered into under the program has been completed in accordance with
9 the agreement; (2) if the person obligated dies; (3) if, because of perma-
10 nent physical disability, the person obligated is unable to satisfy the ob-
11 ligation; or (4) if the person obligated fails to satisfy all the requirements
12 to enable the person to enter into the employ of of the graduate program
13 in which enrolled after making the best effort possible; (5) if the person
14 obligated fails to satisfy all requirements for certification to teach in Kan-
15 sas, if certification is necessary to obtain employment as provided in the
16 agreement; or (6) if the person obligated is unable to obtain employment
17 in an accredited elementary or secondary school or an accredited edu-
18 cational institution of postsecondary education in Kansas and to continue
19 in such employment after making the best effort possible.
20 Sec. 31. K.S.A. 1998 Supp. 74-32,131 is hereby amended to read as
21 follows: 74-32,131. This act shall be known and may be cited as the ad-
22 vanced registered nurse practitioner student service scholarship program.
23 Sec. 32. K.S.A. 1998 Supp. 74-32,132 is hereby amended to read as
24 follows: 74-32,132. As used in this act:
25 (a) "Committee" means the nursing service scholarship review com-
26 mittee established under K.S.A. 74-3299, and amendments thereto.
27 (b) "Executive officer" means the executive officer of the state board
28 of regents appointed under K.S.A. 74-3203, and amendments thereto.
29 (c) "Educational and training program for advanced registered nurse
30 practitioners" means a post-basic nursing education program a graduate
31 of which meets the education requirements of the board of nursing for a
32 certificate of qualification as an advanced registered nurse practitioner.
33 (d) "Medically underserved area" means an area of this state desig-
34 nated a medically underserved area by specialty or critically medically
35 underserved area by specialty under K.S.A. 76-375, and amendments
36 thereto.
37 (e) "Rural area" means any county in this state which has a population
38 of not more than 20,000 people at the time of application for a scholarship
39 under the advanced registered nurse practitioner service program.
40 Sec. 33. K.S.A. 1998 Supp. 74-32,133 is hereby amended to read as
41 follows: 74-32,133. (a) There is hereby established the advanced regis-
42 tered nurse practitioner student service scholarship program. Within the
43 limits of appropriations therefor, a scholarship may be awarded under
HB 2014
30
1 this the program to any qualified student enrolled in or admitted to an
2 educational and training program for advanced registered nurse practi-
3 tioners. The number of scholarships awarded under this scholarship the
4 program in any year shall not exceed 12.
5 (b) The determination of the individuals qualified for such scholar-
6 ships shall be made by the executive officer after seeking advice from the
7 committee. Scholarships shall be awarded on a priority basis to qualified
8 applicants in the advanced registered nurse practitioner categories of
9 nurse clinician or nurse practitioner or clinical specialist who have the
10 greatest financial need for such scholarships and who are residents of this
11 state. To the extent practicable and consistent with the other provisions
12 of this section, consideration shall be given to minority applicants.
13 (c) Scholarships awarded under this scholarship the program shall be
14 awarded for the length of the course of instruction required for gradua-
15 tion as an advanced registered nurse practitioner unless terminated be-
16 fore expiration of such period of time. Such scholarships shall provide (1)
17 to the a student receiving the scholarship enrolled in or admitted to an
18 educational and training program for advanced registered nurse practi-
19 tioners operated by a state educational institution the payment of an
20 amount not to exceed 70% of the amount of tuition, fees, books, room and
21 board in an amount not to exceed the total of $15,000 annually for a year,
22 and (2) to a student enrolled in or admitted to an educational and training
23 program for advanced registered nurse practitioners operated by an in-
24 dependent institution of higher education the payment of an amount not
25 to exceed 70% of the average amount for a year of tuition, fees, books,
26 room and board required of students enrolled in or admitted to an edu-
27 cational and training program for advanced registered nurse practitioners
28 operated by a state educational institution. The amount of each scholar-
29 ship shall be established annually by the executive officer and shall be
30 financed by the state of Kansas.
31 Sec. 34. K.S.A. 1998 Supp. 74-32,134 is hereby amended to read as
32 follows: 74-32,134. (a) An applicant for a scholarship under this the ad-
33 vanced registered nurse practitioner service scholarship program shall
34 provide to the executive officer, on forms supplied by the executive of-
35 ficer, the following information:
36 (1) The name and address of the applicant;
37 (2) the name and address of the educational and training program for
38 advanced registered nurse practitioners in which the applicant is enrolled
39 in or to which the applicant has been admitted; and
40 (3) any additional information which may be required by the execu-
41 tive officer.
42 (b) As a condition to awarding a scholarship under this act, the ex-
43 ecutive officer and the applicant for a scholarship shall enter into an
HB 2014
31
1 agreement which shall require that the scholarship recipient:
2 (1) Engage in as a full-time student in and complete the required
3 course of instruction leading to the certificate of qualification as an ad-
4 vanced registered nurse practitioner;
5 (2) engage in within six months after graduation from the educational
6 and training program for advanced registered nurse practitioners, com-
7 mence full-time practice as an advanced registered nurse practitioner, or
8 commence the equivalent to full-time practice as specified by rules and
9 regulations of the state board of regents adopted in accordance with the
10 provisions of K.S.A. 1998 Supp. 74-32,137 and amendments thereto, or
11 commence part-time practice as an advanced registered nurse practi-
12 tioner, in a rural area or a medically underserved area, continue such
13 practice for the total amount of time required under the agreement, and
14 comply with such other terms and conditions as may be specified by such
15 the agreement;
16 (3) commence full-time practice, or the equivalent to full-time prac-
17 tice as specified by rules and regulations of the state board of regents
18 adopted in accordance with the provisions of K.S.A. 1998 Supp. 74-32,137
19 and amendments thereto, as an advanced registered nurse practitioner
20 in a rural area or medically underserved area within six months after
21 graduation from the educational and training program for advanced reg-
22 istered nurse practitioners in accordance with the agreement entered into
23 by the scholarship recipient and continue such full-time practice, or the
24 equivalent to full-time practice, in a rural area or medically underserved
25 area for the total amount of time required under the agreement, which
26 shall be for a period of not less than the length of the course of instruction
27 for which the scholarship assistance was provided, or commence part-time
28 practice, equivalent to at least 3/4 time, in a rural area or medically un-
29 derserved area and continue such part-time practice in a rural area or
30 medically underserved area for the total amount of time required under
31 the agreement, which shall be for a period of not less than 11/2 times the
32 length of the course of instruction for which the scholarship assistance
33 was provided, or commence part-time practice, equivalent to at least 1/2
34 time, in a rural area or medically underserved area and continue such
35 part-time practice in a rural area or medically underserved area for the
36 total amount of time required under the agreement, which shall be for a
37 period of not less than twice 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-
HB 2014
32
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. 1998 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 1998 Supp. 74-32,135, and amendments thereto.
7 Sec. 35. K.S.A. 1998 Supp. 74-32,135 is hereby amended to read as
8 follows: 74-32,135.(a) Except as provided in K.S.A. 1998 Supp. 74-32,136,
9 and amendments thereto, upon the failure of any person to satisfy the
10 obligation under any agreement entered into pursuant to this act, such
11 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 average yield before taxes received
15 on 52-week United States treasury bills as determined by the federal re-
16 serve banks as fiscal agents of the United States at its most recent public
17 offering of such bills immediately prior to the time such person first en-
18 tered into an agreement plus three percentage points. Installment pay-
19 ments of such amounts may be made in accordance with rules and reg-
20 ulations of the state board of regents, except that such installment
21 payments shall commence six months after the date of the action or cir-
22 cumstances that cause the failure of the person to satisfy the obligations
23 of such agreements, as determined by the executive officer based upon
24 the circumstances of each individual case. Amounts paid under this sec-
25 tion to the executive officer shall be deposited in the advanced registered
26 nurse practitioner student service scholarship program fund in accord-
27 ance with K.S.A. 1998 Supp. 74-32,138 and amendments thereto.
28 (b) The state board of regents is authorized to turn any repayment
29 account arising under the advanced registered nurse practitioner service
30 scholarship program over to a designated loan servicer or collection
31 agency, the state not being involved other than to receive payments from
32 the loan servicer or collection agency at the interest rate prescribed under
33 this section.
34 Sec. 36. K.S.A. 1998 Supp. 74-32,136 is hereby amended to read as
35 follows: 74-32,136. (a) An obligation under any agreement entered into
36 under the advanced registered nurse practitioner student service schol-
37 arship program shall be postponed: (1) During any required period of
38 active military service; (2) during any period of service in the peace corps;
39 (3) during any period of service as a part of volunteers in service to Amer-
40 ica (VISTA); (4) during any period of service commitment to the United
41 States public health service; (5) during any period of religious missionary
42 work conducted by an organization exempt from tax under subsection (c)
43 of section 501(c)(3) of the federal internal revenue code of 1986 as in
HB 2014
33
1 effect on January 1 December 31, 1993 1998; (6) during any period of
2 temporary medical disability during which time the person obligated is
3 unable because of such temporary medical disability to practice as an
4 advanced registered nurse practitioner; or (7) during any period of time
5 the person obligated is enrolled and actively engaged on a full-time basis
6 in a course of study leading to a graduate degree in a field in for which
7 such person was awarded a scholarship under this act which degree is
8 higher than that formerly attained formerly by the person obligated; (8)
9 during any period of time the person obligated is on job-protected leave
10 under the federal family and medical leave act of 1993; or (9) during any
11 period of time the state board of regents determines that the person ob-
12 ligated is unable because of special circumstances to practice as an ad-
13 vanced registered nurse practitioner. Except for clauses (6), (8) and (9),
14 an obligation under any agreement entered into as provided in the ad-
15 vanced registered nurse practitioner service scholarship program shall not
16 be postponed more than five years from the time the obligation was to
17 have been commenced under any such agreement. An obligation under
18 any agreement as provided in the advanced registered nurse practitioner
19 service scholarship program shall be postponed under clause (6) during
20 the period of time the medical disability exists. An obligation to engage in
21 practice as an advanced registered nurse practitioner in accordance with
22 an agreement under the advanced registered nurse practitioner service
23 scholarship program shall be postponed under clause (8) during the pe-
24 riod of time the person obligated remains on FMLA leave. An obligation
25 to engage in practice as an advanced registered nurse practitioner in ac-
26 cordance with an agreement under the advanced registered nurse prac-
27 titioner service scholarship program shall be postponed under clause (9)
28 during the period of time the state board of regents determines that the
29 special circumstances exist. The state board of regents shall adopt rules
30 and regulations prescribing criteria or guidelines for determination of the
31 existence of special circumstances causing an inability to practice as an
32 advanced registered nurse practitioner, and shall determine the docu-
33 mentation required to prove the existence of such circumstances.
34 (b) An obligation under any agreement under entered into in accord-
35 ance with the advanced registered nurse practitioner student service
36 scholarship program shall be satisfied: (1) If the obligation in accord-
37 ance with an agreement under the scholarship program has been com-
38 pleted in accordance with the agreement; (2) if the person obligated dies;
39 (3) if, because of permanent physical disability, the person obligated is
40 unable to satisfy the obligation; or (4) if the person obligated fails to satisfy
41 the requirements for completion of the educational and training program
42 after making the best effort possible to do so; or (5) if the person obligated
43 is unable to obtain employment as an advanced registered nurse practi-
HB 2014
34
1 tioner and continue in such employment after making the best effort pos-
2 sible to do so.
3 Sec. 37. K.S.A. 1998 Supp. 74-32,137 is hereby amended to read as
4 follows: 74-32,137. The state board of regents, after consultation with the
5 committee, may adopt rules and regulations establishing minimum terms,
6 conditions and obligations which shall be incorporated into the provisions
7 of any agreement under the advanced registered nurse practitioner stu-
8 dent service scholarship program. The terms, conditions and obligations
9 shall be consistent with the provisions of law relating to the advanced
10 registered nurse practitioner student service scholarship program. The
11 terms, conditions and obligations so established shall include, but not be
12 limited to, the terms of eligibility for financial assistance under the ad-
13 vanced registered nurse practitioner student service scholarship program,
14 the amount of financial assistance to be offered, the length of practice in
15 a rural area or medically underserved area required as a condition to the
16 receipt of such financial assistance to be offered, the amount of money
17 required to be repaid because of failure to satisfy the obligations under
18 an agreement and the method of repayment and such other additional
19 provisions as may be necessary to carry out the provisions of the advanced
20 registered nurse practitioner student service scholarship program. The
21 state board of regents, after consultation with the committee, shall adopt
22 rules and regulations establishing criteria for evaluating the financial need
23 of applicants for scholarships and may adopt such other rules and regu-
24 lations as may be necessary to administer the advanced registered nurse
25 practitioner student service scholarship program.
26 Sec. 38. K.S.A. 74-3223, 74-3224, 74-3225, 74-3226, 74-3227, 74-
27 3228, 74-3246, 74-3247, 74-3248, 74-3267a, 74-3268, 74-3268a, 74-3269,
28 74-3271, 74-3272, 74-3273, 74-3291, 74-3293, 74-3294, 74-3297, 74-
29 3299, 74-32,100, 74-32,101, 74-32,102, 74-32,103, 74-32,105 and 74-
30 32,106 and K.S.A. 1998 Supp. 74-3265, 74-3266, 74-3267, 74-3292, 74-
31 3295, 74-3296, 74-3298, 74-32,104, 74-32,107, 74-32,114, 74-32,115,
32 74-32,116, 74-32,117, 74-32,131, 74-32,132, 74-32,133, 74-32,134, 74-
33 32,135, 74-32,136 and 74-32,137 are hereby repealed.
34 Sec. 39. This act shall take effect and be in force from and after its
35 publication in the statute book.