As Amended by House Committee
Session of 1999
HOUSE BILL No. 2479
By Committee on Education
2-11
10 AN ACT enacting the dental hygienists student loan act; authorizing
11 loans for certain dental hygiene students; providing for administration
12 by the state board of education regents.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. The provisions of sections 1 through 6, and amendments
16 thereto, This act shall be known and may be cited as the dental hygienists
17 student loan act.
18 Sec. 2. As used in sections 1 through 7 and amendments thereto this
19 act:
20 (a) "Act" means the dental hygienist student loan act;
21 (b) "school School of dental hygiene" means a school approved by
22 the Kansas dental board for the teaching of dental hygiene under the
23 dental practices act;
24 (c) (b) "service commitment area" means (1) any community within
25 any county in Kansas other than Douglas, Johnson, Sedgwick, or Shawnee
26 or Wyandotte county, (2) any state medical care facility or institution, (3)
27 any medical center operated by the veterans administration of the United
28 States, or (4) the full-time faculty of a school of dental hygiene located
29 in Kansas; and
30 (d) (c) "state medical care facility or institution" includes, but is not
31 limited to, the Kansas state school for the visually handicapped blind, the
32 Kansas state school for the deaf, any institution under the secretary of
33 social and rehabilitation services, as defined by subsection (b) of K.S.A.
34 76-12a01, and amendments thereto, any institution under the commis-
35 sioner of juvenile justice as defined by K.S.A. 38-1602, and amendments
36 thereto, the Kansas soldiers' home, the Kansas veterans' home and any
37 correctional institution under the secretary of corrections, as defined by
38 subsection (d) of K.S.A. 75-5202, and amendments thereto, but shall not
39 include any state educational institution under the state board of regents,
40 as defined by subsection (a) of K.S.A. 76-711 and amendments thereto,
41 except as specifically provided by statute.
42 Sec. 3. (a) There is hereby established the dental hygienist student
43 loan program under the state board of education regents.
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1 (b) Subject to the provisions of appropriation acts, the state board of
2 education regents may make dental hygiene student loans in accordance
3 with the provisions of this act to undergraduate students who are en-
4 rolled in or admitted to a school of dental hygiene and who enter into a
5 written student loan agreement with the state board of education regents
6 in accordance with section 4 and amendments thereto.
7 (c) Each student loan agreement under this act shall provide to the
8 person receiving the loan the payment of all tuition of the student enrolled
9 in a school of dental hygiene.
10 (d) Subject to the provisions of appropriation acts, student loan agree-
11 ments under this act may be entered into on an annual basis and shall
12 provide the payment of the amounts specified under subsection (c) for
13 one year unless otherwise terminated before such period of time. Subject
14 to the provisions of appropriation acts, an undergraduate student enrolled
15 in or admitted to a school of dental hygiene may receive a separate loan
16 under this act for each separate year the student enters into a written
17 student loan agreement with the state board of education regents under
18 section 4, and amendments thereto. For each separate year a student
19 receives a loan under this act, the student shall engage in the full-time
20 practice of medicine and surgery dental hygiene in an appropriate serv-
21 ice commitment area for a period of 12 months unless such obligation is
22 otherwise satisfied as provided in section 7, and amendments thereto.
23 (e) Student loans shall be awarded on a priority basis as follows, first
24 to qualified applicants who are Kansas residents at the time of entry into
25 a school of dental hygiene, and second, to qualified applicants who are
26 not Kansas residents at the time of entry into a school of dental hygiene.
27 As used in this subsection, "Kansas residents" means persons who meet
28 the residence requirements established in K.S.A. 76-729, and amend-
29 ments thereto.
30 Sec. 4. A student loan agreement entered into by the state board of
31 education regents and an undergraduate student enrolled in or admitted
32 to a school of dental hygiene for the purpose of receiving a student loan
33 under this act shall require that the person receiving the loan:
34 (a) Complete the required course of instruction and apply for and
35 obtain a license to practice dental hygiene in Kansas;
36 (b) commence the full-time practice of dental hygiene within nine
37 months after graduation from a school of dental hygiene and licensure in
38 a service commitment area and continue such full-time practice in such
39 service commitment area for a consecutive period of months equal to the
40 total number of months required under the agreement;
41 (c) maintain records and make reports to the state board of education
42 regents to document the satisfaction of the obligation under such agree-
43 ment to engage in the full-time practice of dental hygiene within a service
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1 commitment area and to continue such full-time practice in such service
2 commitment area for a consecutive period of months equal to the total
3 number of months required under the agreement; and
4 (d) upon failure to satisfy an agreement to engage in the full-time
5 practice of dental hygiene within a service commitment area for the re-
6 quired period of time under any such agreement, the person receiving a
7 student loan under this act shall repay amounts to the state board of
8 education regents as provided in section 6, and amendments thereto.
9 Sec. 5. (a) Upon the selection of a service commitment area for the
10 purposes of satisfying a service obligation under a student loan agreement
11 entered into under this act, the person so selecting shall inform the state
12 board of education regents of the service commitment area selected.
13 (b) A person serving in a service commitment area pursuant to any
14 agreement under this act may serve all or part of any commitment in the
15 service commitment area initially selected by such person. If such person
16 moves from one service commitment area to another service commitment
17 area, such person shall notify the state board of education regents of
18 such person's change of service commitment area. Service in any such
19 service commitment area shall be deemed to be continuous for the pur-
20 pose of satisfying any agreement entered into under this act.
21 (c) A person receiving a student loan under this act may satisfy the
22 obligation to engage in the full-time practice of dental hygiene in a service
23 commitment area if the person serves as a full-time faculty member of a
24 school of dental hygiene located in Kansas and serves two years for each
25 one year of such obligation, or the equivalent thereof on a two-for-one
26 basis.
27 (d) A person may satisfy the obligation to engage in the full-time
28 practice of dental hygiene in a service commitment area by performing
29 at least 100 hours per month of on-site dental hygiene care at a medical
30 facility operated by a local health department or nonprofit organization
31 in this state serving medically dentally indigent persons. As used in this
32 subsection, "medically dentally indigent" means a person: (1) Who is
33 unable to secure health care because of inability to pay for all or a part
34 of the costs thereof due to inadequate personal resources, being unin-
35 sured, being underinsured, being ineligible for governmental health ben-
36 efits; or (2) who is eligible for governmental benefits but is unable to
37 obtain medical services shall have the meaning ascribed thereto in
38 subsection (b) of K.S.A. 1998 Supp. 65-1466, and amendments
39 thereto.
40 Sec. 6. (a) (1) Except as otherwise provided in paragraphs (2), (3),
41 (4) and (5) of this subsection (a) or in section 7, and amendments thereto,
42 upon the failure of any person to satisfy the obligation to engage in the
43 full-time practice of dental hygiene within a service commitment area of
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1 this state for the required period of time under any student loan agree-
2 ment entered into under this act, such person shall repay to the state
3 board of education regents in accordance with subsection (b) an amount
4 equal to the total of (A) the amount of money received by such person
5 pursuant to such agreement, or the amount of money determined under
6 rules and regulations of the state board of education regents plus (B)
7 annual interest at a rate of 15% from the date such money was received.
8 (2) Any person who fails to apply for licensure as a dental hygienist
9 shall be required to repay all moneys received pursuant to an agreement
10 entered into for any such student loan, plus accumulated interest at an
11 annual rate of 15% and shall commence such repayment in accordance
12 with subsection (b) within 90 days of graduation from the school of dental
13 hygiene.
14 (3) If at any time a person is failing to satisfy an obligation to engage
15 in the full-time practice of dental hygiene in Kansas for the required
16 period of time under an agreement entered into under this act because
17 such person is engaged in the full-time practice of dental hygiene in a
18 state other than Kansas, or within Kansas in an area that is not a service
19 commitment area or in the practice of dental hygiene which does not
20 otherwise comply with the agreement entered into under this act, and if
21 such person is subject to or currently making repayments under this sec-
22 tion and if such person subsequently commences the practice of dental
23 hygiene in this state which is in a service commitment area or which
24 otherwise complies with the agreement entered into under this act, the
25 balance of the repayment amount, including interest thereon, from the
26 time of such commencement of practice until the obligation of such per-
27 son is satisfied, or until the time such person again becomes subject to
28 repayments, shall be waived. All repayment amounts due prior to such
29 commencement of practice, including interest thereon, shall continue to
30 be payable as provided in this section. If subsequent to such commence-
31 ment of practice, the person fails to satisfy such obligation, the person
32 again shall be subject to repayments, including interest thereon, as oth-
33 erwise provided in this section.
34 (4) If, during the time a person is satisfying the service requirement
35 of an agreement entered into under this act, such person desires to engage
36 in less than the full-time practice of dental hygiene within a service com-
37 mitment area of the state and remain in satisfaction of such service re-
38 quirement, such person may make application to the state board of ed-
39 ucation regents or the designee of the state board of education regents
40 for permission to engage in less than such full-time practice of dental
41 hygiene. Upon a finding of exceptional circumstances made by the state
42 board of education regents, or the designee of the state board of edu-
43 cation regents, such person may be authorized to engage in less than the
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1 full-time practice of dental hygiene within a service commitment area of
2 the state for the remaining required period of time under such agreement
3 and for an additional period of time which shall be equal to the length of
4 the originally required period of time multiplied by the decimal fraction
5 which is equal to the reduction of the full-time practice of dental hygiene
6 to be authorized hereunder, multiplied by two. In any such determination
7 of the period required to be engaged in the less than full-time practice
8 of dental hygiene, the decimal fraction utilized shall not exceed .5 and
9 any person granted permission to engage in less than the full-time prac-
10 tice of dental hygiene in accordance with the provisions of this paragraph
11 (4) shall be required to engage in at least the half-time practice of dental
12 hygiene.
13 (5) Any person who fails to satisfy the obligation to engage in the full-
14 time practice of dental hygiene within a service commitment area of this
15 state for the required period of time shall be required to repay all money
16 received pursuant to an agreement entered into under this act, plus ac-
17 cumulated interest at an annual rate of 15% and shall commence such
18 repayment in accordance with subsection (b) within 90 days of failure to
19 commence qualifying practice.
20 (b) For any repayment requirement under this section, the person
21 shall repay an amount totaling the entire amount to be repaid under all
22 such agreements for which such obligations are not satisfied, including
23 all amounts of interest at the rate prescribed. The repayment shall be
24 made in not more than 10 equal annual installment payments or in
25 monthly payments as specified by the state board of education regents.
26 (c) All installment payments under this section shall commence six
27 months after the date of the action or circumstance that causes the failure
28 of the person to satisfy the obligations of such agreements, as determined
29 by the state board of education regents based upon the circumstances
30 of each individual case. In all cases, if an installment payment becomes
31 91 days overdue, the entire amount outstanding shall become immedi-
32 ately due and payable, including all amounts of interest at the rate
33 prescribed.
34 (d) The total repayment obligation imposed under all agreements en-
35 tered into under this act may be satisfied by the person who entered into
36 the agreements at any time prior to graduation from the school of dental
37 hygiene by making a single lump-sum payment equal to the total of (1)
38 the entire amount to be repaid under all such agreements upon failure
39 to satisfy the obligations under such agreements to practice in Kansas,
40 plus (2) all amounts of interest thereon at the rate prescribed to the date
41 of payment.
42 (e) The state board of regents shall remit all moneys received under
43 this section to the state treasurer at least monthly. Upon receipt of each
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1 such remittance the state treasurer shall deposit the entire amount
2 thereof in the state treasury, and such amount shall be credited to the
3 dental hygiene loan repayment fund.
4 Sec. 7. (a) An obligation to engage in the practice of dental hygiene
5 in accordance with an agreement under this act shall be postponed: (1)
6 During any required period of active military service; (2) during any pe-
7 riod of service as a part of volunteers in service to America (VISTA); (3)
8 during any period of service in the peace corps; (4) during any period of
9 service commitment to the United States public health service; (5) during
10 any period of religious missionary work conducted by an organization
11 exempt from tax under subsection (c) of section 501 of the federal internal
12 revenue code of 1986; or (6) during any period of temporary medical
13 disability during which the person obligated is unable because of such
14 medical disability to practice dental hygiene. Except for clause (6) of this
15 subsection (a), an obligation to engage in the practice of dental hygiene
16 in accordance with an agreement under this act shall not be postponed
17 more than five years from the time the practice of dental hygiene was to
18 have been commenced under any such agreement. An obligation to en-
19 gage in the practice of dental hygiene in accordance with an agreement
20 under this act shall be postponed under clause (6) of this subsection (a)
21 during the period of time the medical disability exists.
22 (b) An obligation to engage in the practice of dental hygiene in ac-
23 cordance with an agreement under this act shall be satisfied: (1) If the
24 obligation to engage in the practice of dental hygiene in accordance with
25 an agreement under this act has been completed, (2) if the person obli-
26 gated dies, or (3) if, because of permanent physical disability, the person
27 obligated is unable to practice dental hygiene.
28 Sec. 8. This act shall take effect and be in force from and after its
29 publication in the statute book.