Administrative Code

Virginia Administrative Code
12/9/2021

Chapter 510. Regulations for General Assembly Nursing Scholarships

12VAC5-510-5. Definitions.

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

"Approved nurse education program" means an approved educational program pursuant to Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia.

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

"Commissioner" means the State Health Commissioner.

"Continuous" means no breaks in service greater than a period of six weeks.

"Department" means the Virginia Department of Health.

"Full-time" means at least 32 hours per week for 45 weeks per year.

"Interest" means the legal rate of interest pursuant to § 6.2-302 of the Code of Virginia.

"Licensed practical nurse" or "LPN" means a person who is licensed or holds a multistate licensure privilege under the provisions of Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia to practice practical nursing, as defined in § 54.1-3000 of the Code of Virginia.

"Penalty" means twice the amount of all monetary payments to the scholarship participant, less any service obligation completed.

"Recipient" or "participant" means an eligible LPN or RN of an approved nurse education program who enters into a contract with the commissioner and participates in the scholarship program.

"Registered nurse" or "RN" means a person who is licensed or holds a multistate licensure privilege under the provisions Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia to practice professional nursing, as defined in § 54.1-3000 of the Code of Virginia.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-10. (Repealed.)

Historical Notes

Derived from VR355-40-02, eff. January 14, 1983; repealed, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-15. Advisory Committee.

All scholarship awards shall be made by an Advisory Committee appointed pursuant to § 23-35.9 of the Code of Virginia.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-20. Eligibility.

In order to be considered for a General Assembly Nursing Scholarship, an applicant shall:

1. Be a United States citizen, a United States national, or a qualified alien pursuant to 8 USC § 1621;

2. Be a bona fide resident of Virginia by being domiciled in the Commonwealth for at least one year as defined by § 23-7.4 of the Code of Virginia;

3. Be accepted for enrollment or enrolled in an approved nurse education program in the Commonwealth of Virginia preparing him for examination for licensure as a practical nurse or a registered nurse;

4. If already enrolled in an approved nurse education program in the Commonwealth of Virginia, the applicant must demonstrate a cumulative grade point average of at least 2.5 in core nursing classes;

5. Submit a completed application form and appropriate grade transcript prior to the established deadline dates;

6. Demonstrate financial need, which is verified by the school's financial aid officer or authorized person as part of the application process; and

7. Not have an active military obligation.

An applicant who fails to meet all of these requirements shall be ineligible for a scholarship.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia. of the Code of Virginia.

Historical Notes

Derived from VR355-40-02, eff. January 14, 1983; amended, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-30. Conditions of scholarships.

A. Prior to becoming a participant in the General Assembly Nursing Scholarship program, the applicant shall enter into a contract with the commissioner agreeing to the terms and conditions upon which the scholarship is granted.

B. For each $2,000 of scholarship money received, the participant agrees to engage in the equivalent of one year of full-time nursing practice in a region with a critical shortage of nurses in the Commonwealth. The recipient shall notify the department, within 180 days of being awarded a nursing diploma or degree, of the type of nursing practice to be performed and give the name and address of the employer for approval. Voluntary military service, even if stationed in Virginia, cannot be used to repay the service obligation required when a scholarship is awarded.

The participant may request approval of a change of practice site. Such requests shall be made in writing. The department in its discretion may approve such a request.

C. If a participant fails to complete his studies, the full amount of the scholarships or scholarships received, plus the applicable interest charge, shall be repaid. A recipient may terminate a contract while enrolled in school after notice to the board and upon repayment within 90 days of the entire amount of the scholarship plus interest.

D. If upon graduation a participant leaves the Commonwealth or fails to engage or ceases to engage in nursing practice in a region with a critical shortage of nurses in the Commonwealth before all employment conditions of the scholarship award are fulfilled, the participant shall repay the award amount reduced by the proportion of obligated years served plus the applicable interest and penalty.

E. All default payments shall be made payable to the Commonwealth of Virginia.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia.

Historical Notes

Derived from VR355-40-02, eff. January 14, 1983; amended, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-40. Number of applications per student.

Scholarships shall be awarded for single academic years. However, the same student may, after demonstrating satisfactory progress in his studies, which is demonstrated by a cumulative grade point average of 2.5 in core nursing classes, apply for and receive scholarship awards for a succeeding academic year or years. No student shall receive scholarships for more than a total of four years.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia.of the Code of Virginia.

Historical Notes

Derived from VR355-40-02, eff. January 14, 1983; amended, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-50. Amounts of scholarships.

The number of scholarships awarded shall be dependent upon the amount of money appropriated by the General Assembly, the amount of the funds available within the Nursing Scholarship and Loan Repayment Fund administered by the Board of Nursing pursuant to § 54.1-3011.2 of the Code of Virginia, and the number of qualified applicants. Each recipient shall receive an award of $2,000 per year.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia.of the Code of Virginia.

Historical Notes

Derived from VR355-40-02, eff. January 14, 1983; amended, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-60. How to apply.

Eligible applicants shall submit a complete application made available by the department on the department's website. A complete application shall include documentation of all eligibility requirements. The deadline for submission of the application shall be announced by the department on the department's website.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia. of the Code of Virginia.

Historical Notes

Derived from VR355-40-02, eff. January 14, 1983; amended, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-70. (Repealed.)

Historical Notes

Derived from VR355-40-02, eff. January 14, 1983; repealed, Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-80. Scholarship contract.

Applicants selected to receive scholarship awards by the Advisory Committee shall sign and return a written contract to the department by the specified deadline date. Failure to return the contract by the specified deadline date may result in the award being rescinded. At minimum, the scholarship contract shall include the following elements:

1. The total amount of the award and the award period;

2. Agreement to pursue an LPN or RN degree in nursing at a school of nursing in the Commonwealth of Virginia that is approved by the Board of Nursing;

3. Agreement to begin continuous full-time employment in a region with a critical shortage of nurses in the Commonwealth within 180 days of the recipient's graduation;

4. Agreement to comply with all reporting requirements;

5. Agreement to the terms of service requiring continuous full-time nursing practice in the Commonwealth for a specified period of time and the terms and conditions associated with a breach of contract;

6. Signature of the applicant;

7. Signature of the commissioner or his designee; and

8. Other provisions as the commissioner may deem appropriate.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-85. Practice site selection.

Each recipient shall perform his service obligation in a region of the Commonwealth with a critical shortage of nurses. A recipient shall perform his service obligation at a practice site in either a health professional shortage area or a medically underserved area. Maps of health professional shortage areas and medically underserved areas shall be available on the department's website.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-90. Reporting requirements.

Each participant shall provide information as required by the department to verify compliance with all requirements of the nursing scholarship program (e.g., verification of employment by submitting a verification of employment form once every six months).

The recipient shall notify the department in writing within 30 days if any of the following events occur:

1. Recipient changes name;

2. Recipient changes address;

3. Recipient changes nursing program;

4. Recipient changes practice site (a recipient is required to request in writing and obtain prior approval of changes in practice site);

5. Recipient no longer intends or is unable to fulfill service obligation as a nurse in the Commonwealth;

6. Recipient ceases to practice as an RN or LPN; or

7. Recipient ceases or no longer intends to complete his nursing program.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-100. Breach of contract.

The following may constitute a breach of contract:

1. The recipient fails to complete his nursing studies;

2. The recipient fails to begin or complete the term of obligated service under the terms and conditions of the scholarship contract;

3. The recipient falsifies or misrepresents information on the program application, the verification of employment forms, or other required documents; or

4. The recipient's employment is terminated for good cause as determined by the employer and confirmed by the department. If employment is terminated for reasons beyond the participant's control (e.g., closure of site), the participant shall transfer to another site approved by the board in the Commonwealth within six months of termination. Failure of the participant to transfer to another site shall be deemed to be a breach of the contract.

In the event of a breach of contract and in accordance with the terms of the contract, the recipient shall make default payments as described in 12VAC5-510-30. In the event of a breach of contract where the recipient has partially fulfilled his obligation, the total amount of reimbursement shall be prorated by the proportion of obligation completed.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

12VAC5-510-110. Deferment and waivers.

A. The requirement for continuous engagement in full-time nursing practice may be deferred by the board if the scholarship recipient requests a deferment to pursue an undergraduate or graduate degree in nursing or related to nursing activities. This deferment, if granted, shall not relieve the recipient of the responsibility to complete the remaining portion of the obligation upon completion of the degree.

B. If the participant is in default due to death or permanent disability so as not to be able to engage in nursing practice in a region with a critical shortage of nurses in the Commonwealth, the participant or his personal representative may be relieved of his obligation under the contract to engage in nursing practice upon repayment of the total amount of scholarship received plus applicable interest. For participants completing part of the nursing obligation prior to becoming permanently disabled or in the event of death, the total amount of scholarship funds owed shall be reduced by the proportion of obligated years served. The obligation to make restitution may be waived by the board upon application of the participant or the participant's personal representative to the board.

C. Individual cases may be considered by the board for a variance of payment or service, pursuant to § 32.1-12 of the Code of Virginia, if the board finds compliance with the applicable service requirements or default repayment would pose an undue hardship on the recipient.

D. All requests for deferments, waivers, or variances shall be submitted in writing to the department for consideration and final disposition by the board.

Statutory Authority

§ 32.1-122.6:01 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 10, eff. February 12, 2016.

FORMS (12VAC5-510).

Verification of Employment for Mary Marshall Nursing Scholarship Program & Virginia Nurse Educator Scholarship Program (rev. 6/2015)

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