Administrative Code

Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
7/2/2020

Chapter 542. Rules and Regulations Governing the Virginia Nurse Practitioner/Nurse Midwife Scholarship Program

Part I
Definitions

12VAC5-542-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Board" or "Board of Health" means the State Board of Health.

"Certified" means having passed an examination through a national certifying organization.

"Commissioner" means the State Health Commissioner.

"Interest at the prevailing bank rate for similar amounts of unsecured debt" means the prime lending rate as published in the Wall Street Journal on the last day of the month in which the decision to repay is communicated to the commissioner by the recipient, plus two percentage points.

"Medically underserved area" means a geographic area in Virginia designated by the State Board of Health in accordance with the Rules and Regulations for the Identification of Medically Underserved Areas (12VAC5-540-10 et seq.).

"Nurse midwife" means a registered nurse who has met the additional requirements of education and professional certification to practice as a nurse midwife in the Commonwealth.

"Nurse practitioner" means a registered nurse who has met the additional requirements of education and professional certification to practice as a nurse practitioner in the Commonwealth.

"Practice" means to practice as a nurse practitioner or nurse midwife in a medically underserved area in an employment setting that provides services to persons who are unable to pay for the service and that participates in all government sponsored insurance programs designed to assure access of covered persons to medical care services.

"Recipient" or "scholarship recipient" means an eligible registered nurse who enters into a contract with the commissioner and receives one or more scholarship awards via the Virginia Nurse Practitioner/Nurse Midwife Scholarship Program.

Statutory Authority

§§ 32.1-12, 32.1-122.5 and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 1.1, eff. August 1, 1994.

Part II
General Information

12VAC5-542-20. Purpose.

This chapter sets forth the criteria for eligibility, circumstances under which awards will be made, and the process for awarding Virginia nurse practitioner/nurse midwife scholarships to students; the general terms and conditions applicable to the obligation of each recipient of a nurse practitioner/nurse midwife scholarship to practice full time as a nurse practitioner/nurse midwife in a medically underserved area of Virginia, as identified by the Board of Health by regulations; and penalties for a recipient's failure to fulfill the practice requirements of the Virginia Nurse Practitioner/Nurse Midwife Scholarship Program.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 2.1, eff. August 1, 1994.

12VAC5-542-30. Administration.

The Commissioner of Health shall act as fiscal agent for the board in administration of the scholarship program through a Nursing Scholarship Committee. All scholarship awards are made by a Nursing Scholarship Committee, appointed by the State Board of Health. The Nursing Scholarship Committee shall consist of five members or their designees: three faculty members representing nurse practitioner or nurse midwife education programs, one nurse practitioner actively engaged in practice, and one former scholarship recipient (commencing the third year of scholarship availability). Committee appointments shall be for two years and members may not serve more than two consecutive terms.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 2.2, eff. August 1, 1994.

12VAC5-542-40. Variance.

Any requests for variance from this chapter shall be considered on an individual basis by the board in regular session.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 2.3, eff. August 1, 1994.

Part III
Scholarship Awards

12VAC5-542-50. Eligible applicants.

Any student accepted or enrolled in an accredited nurse practitioner or nurse midwife program shall be eligible for a Virginia Nurse Practitioner/Nurse Midwife Scholarship. Preference for the scholarship award shall be given to: residents of the Commonwealth; minority students; students enrolled in family practice, obstetrics and gynecology, pediatric, adult health and geriatric nurse practitioners programs; and residents of medically underserved areas of Virginia as determined by the Board of Health in accordance with the provisions of 12VAC5-540-10 et seq.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 3.1, eff. August 1, 1994.

12VAC5-542-60. Scholarship amount.

The amount for Virginia nurse practitioner/nurse midwife scholarships available each year shall be as provided by the Virginia General Assembly in that year's Appropriation Act. Scholarships shall be awarded to the recipients upon or following the recipient's execution of a contract with the commissioner for scholarship repayment.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 3.2, eff. August 1, 1994.

12VAC5-542-70. Distribution of scholarships.

Annually, by March 1 of each calendar year, the Nursing Scholarship Committee shall inform the nurse practitioner/nurse midwife schools of education of the availability of the nurse practitioner/nurse midwife scholarships and provide the schools with application forms for submission by eligible applicants. Until such time as a fully accredited nurse midwife education program is established at any health service center in Virginia, attendance at an accredited program in a nearby state is acceptable for scholarship eligibility. The Nursing Scholarship Committee shall convene annually for the purpose of reviewing applications and awarding scholarships. Scholarship awards shall be based upon majority vote of the Nursing Scholarship Committee.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 3.3, eff. August 1, 1994.

Part IV
Contracts

12VAC5-542-80. Contract provisions.

Prior to the payment of money to a scholarship awardee, the commissioner shall enter into a contract with the recipient. The contract shall:

1. Provide that the recipient will pursue the nurse practitioner/nurse midwife course of the designated school until graduation and will pursue full-time practice as a nurse practitioner or nurse midwife within two years following completion of training and for a period of years equal to the number of annual scholarships awarded. The area of employment must be on the list of Virginia medically underserved areas approved by the State Board of Health and in an employment setting that provides services to persons who are unable to pay for the service and that participates in all government sponsored insurance programs designed to assure access of covered persons to medical care services on the date of commencement of contract obligation fulfillment.

2. Provide that the recipient will not voluntarily obligate himself for military service prior to completion of the repayment period.

3. Provide for termination of the contract by the recipient while the recipient is enrolled in nurse practitioner or nurse midwife school, upon the recipient's notice and immediate repayment to the Commonwealth of the total amount of the scholarship funds plus interest at the prevailing bank rate for similar amounts of unsecured debt, computed from the date of receipt of funds by the recipient.

4. Provide that if the recipient fails to maintain satisfactory academic progress the recipient may, upon certification by the Nursing Scholarship Committee, be relieved of the contract obligation to engage in full-time nurse practitioner/nurse midwife practice upon repayment to the Commonwealth of the total amount of scholarship funds received plus interest at the prevailing bank rate for similar amounts of unsecured debt, computed from the date of receipt of funds by the recipient.

5. Provide that if the recipient is in default due to death or permanent disability so as not to be able to engage in nurse practitioner/nurse midwife practice, the recipient, or his personal representative, may be relieved of the obligation under the contract to engage in full-time practice upon repayment to the Commonwealth of the total amount of scholarship funds received plus interest at the prevailing bank rate for similar amounts of unsecured debt from the date of receipt of scholarship funds. For recipients completing part of the practice obligation prior to becoming permanently disabled, the total amount of scholarship funds received and owed shall be reduced by the amount of the annual scholarship award multiplied by the number of years practiced. Unusual hardship may be reviewed by the board on a case-by-case basis.

6. Provide that individual cases of extraordinary hardship may be considered by the commissioner for forgiveness of payment or service.

7. Provide that any recipient of a scholarship who defaults by evasion or refusal to fulfill the obligation to practice for a period of years equal to the number of annual scholarships received shall reimburse the Commonwealth three times the total amount of the scholarship funds received plus interest on the tripled obligation amount at the prevailing bank rate of interest for similar amounts of unsecured debt.

8. Provide that for a recipient who fulfills only part of the contractual obligation, the total amount of scholarship funds received and owed shall be reduced by the amount of the annual scholarship, divided into months and multiplied by the number of months practiced in the appropriate area, and the remainder tripled as provided in subdivision 5 of this section.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 4.1, eff. August 1, 1994.

Part V
Repayment

12VAC5-542-90. Repayment of scholarships.

Unless repayment is forgiven as specified in subdivision 6 of 12VAC5-542-80 or by special variance as provided in subdivision 5 of 12VAC5-542-80, all scholarships shall be repaid to the Commonwealth, either by the recipient's practice as a nurse practitioner or nurse midwife or through cash payments as specified in subdivisions 7 and 8 of 12VAC5-542-80.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 5.1, eff. August 1, 1994.

12VAC5-542-100. Repayment by practice.

It is the intent of the Virginia Nurse Practitioner/Nurse Midwife Scholarship Program that recipients repay their scholarship obligation by practice. Each recipient electing to repay by practice shall notify the commissioner in writing of his proposed practice location not more than 30 days following beginning of employment. Written approval of the practice location will be sent the recipient by the commissioner. A recipient will receive one year of credit toward fulfillment of his scholarship application for each 12 months of full-time (minimum of 40 hours per week) continuous practice. Absences from practice in excess of seven weeks per 12-month practice period for maternity leave, illness, vacation, or any other purpose shall not be credited toward repayment and will extend the recipient's total obligation by the number of weeks of excess absence. Any recipient who partially completes a scholarship obligation will be required to fulfill the remainder of the scholarship obligation by cash repayment in accordance with 12VAC5-542-110. Credit for partial years of service will be applied toward fulfillment of the scholarship obligation.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 5.2, eff. August 1, 1994.

12VAC5-542-110. Cash repayment.

Cash repayment by recipients who terminate their contracts prior to the completion of training shall be made in accordance with subdivisions 3 and 4 of 12VAC5-542-80 and by recipients who become disabled before fulfilling the practice obligation in accordance with subdivision 5 of 12VAC5-542-80. Cash repayments by recipients who otherwise fail or refuse to fulfill their practice obligation shall be made in accordance with subdivisions 7 and 8 of 12VAC5-542-80.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 5.3, eff. August 1, 1994.

12VAC5-542-120. Cash repayment amount.

The full amount to be repaid by a recipient who fails or refuses to fulfill the practice obligation shall be determined in the following manner: the annual amount of the scholarship for the year the recipient obtained the scholarship multiplied by three, plus interest (current bank rate of interest on a similar amount of unsecured debt) calculated from the date of receipt of funds by the recipient until the scholarship is fully paid. Repeat the above calculation for each scholarship that the recipient obtained and add the sums of the calculation to determine the total amount due to be repaid to the Commonwealth.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 5.4, eff. August 1, 1994.

12VAC5-542-130. Cash repayment schedule.

Any scholarship to be repaid in cash payments due to the recipient's failure to enter into an approved practice shall be repaid within 24 months of the date contract obligation should commence. Any scholarship to be repaid in cash payment due after partial repayment by practice shall be paid within 24 months of the recipient's departure from his approved practice. Failure of any recipient to make any payment on his debt of restitution plus interest when it is due shall be cause for the commissioner to refer the debt to the Attorney General of the Commonwealth of Virginia for collection. The recipient shall be responsible for any costs of collection as may be provided in Virginia law.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 5.5, eff. August 1, 1994.

Part VI
Records and Reporting

12VAC5-542-140. Reporting requirements.

Reporting requirements of nurse practitioner/nurse midwife schools and scholarship recipients are as follows:

1. Each nurse practitioner/nurse midwife school shall maintain accurate records of the status of scholarship recipients until the recipients graduate and during any postgraduate year that a scholarship is awarded. The schools shall provide a report listing the academic status of each recipient annually to the Nursing Scholarship Committee.

2. Each scholarship recipient shall, at any time, provide information as requested by the commissioner to verify compliance with the practice requirements of the scholarship contract. The recipient shall report any change of mailing address, change of academic standing, change of intent to fulfill his contractual obligation and any other information which may be relevant to the contract at such time as changes or information may occur. The recipient shall promptly respond with such information as may from time to time be requested by the commissioner.

3. The Nursing Scholarship Committee will report annually to the board the following: number of applicants for scholarships, number of scholarships awarded, number of Virginia residents awarded scholarships, number of minorities and students from medically underserved areas awarded scholarships, total funding awarded, the practice sites of former scholarship recipients, and the number of students making monetary repayment of scholarship with reasons for failure to practice identified.

Statutory Authority

§§ 32.1-12, 32.1-122.5, and 32.1-122.6:02 of the Code of Virginia.

Historical Notes

Derived from VR355-40-700 § 6.1, eff. August 1, 1994.



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