                                 CODE OF VIRGINIA

CONDITIONAL GRANTS FOR CERTAIN DENTAL STUDENTS (§ 32.1-122.9)

A. With such funds as are appropriated for this purpose, the Board of Health
shall establish annual dental scholarships for students in good standing at
Virginia Commonwealth University. No recipient shall be awarded more than five
scholarships. The amount and number of such scholarships shall be determined
annually as provided in the appropriation act. The Commissioner shall act as
fiscal agent for the Board in administration of the scholarship funds.
			The governing board of Virginia Commonwealth University shall submit to the
Commissioner the names of those eligible applicants who are most qualified as
determined by the regulations of the Board for these dental scholarships. The
Commissioner shall award the scholarships to the applicants whose names are
submitted by the governing board.

B. The Board, after consultation with the School of Dentistry of Virginia
Commonwealth University, shall promulgate regulations to administer this
scholarship program which shall include, but not be limited to:

   1. Qualifications of applicants;

   2. Criteria for award of the scholarships to assure that recipients will
   fulfill the practice obligations established in this section;

   3. Standards to assure that recipients participate in the Commonwealth&#8217;s
   medical assistance services program, established pursuant to &#xA7; 32.1-325,
   and the Family Access to Medical Insurance Security Plan, established pursuant
   to &#xA7; 32.1-351, and that recipients do not limit the number of persons
   enrolled in these programs who are admitted to their dental practice;

   4. Assurances that bona fide residents of Virginia, as determined by &#xA7;
   23.1-502, students of economically disadvantaged backgrounds and residents of
   underserved areas are given preference over nonresidents in determining
   scholarship eligibility and awards;

   5. Assurances that scholarship recipients will begin dental practice in an
   underserved area of the Commonwealth within two years following completion of
   their residencies;

   6. Methods for reimbursement of the Commonwealth by recipients who fail to
   complete dental school or who fail to honor the obligation to engage in dental
   practice for a period of years equal to the number of annual scholarships
   received;

   7. Procedures for reimbursing any recipient who has repaid the Commonwealth
   for part or all of any scholarship and who later fulfills the terms of his
   contract; and

   8. Reporting of data related to the recipients of the scholarships by the
   dental schools.

C. Prior to the award of any scholarship, the applicant shall sign a contract in
which he agrees to pursue the dental course of Virginia Commonwealth University
until his graduation and, upon graduation or upon completing a term not to
exceed four years as an intern or resident at an approved institution or
facility, to promptly begin and thereafter engage continuously in dental
practice in an underserved area in Virginia for a period of years equal to the
number of annual scholarships received. The contract shall specify that no form
of dental practice such as military service or public health service may be
substituted for the obligation to practice in an underserved area in the
Commonwealth.
			The contract shall provide that the applicant will not voluntarily obligate
himself for more than the minimum period of military service required for
dentists by the laws of the United States and that, upon completion of this
minimum period of obligatory military service, the applicant will promptly begin
to practice in an underserved area for the requisite number of years. The
contract shall include other provisions as considered necessary by the Attorney
General and the Commissioner.
			The contract may be terminated by the recipient while the recipient is
enrolled in dental school upon providing notice and immediate repayment of the
total amount of scholarship funds received plus interest at the prevailing bank
rate for similar amounts of unsecured debt.

D. In the event the recipient fails to maintain a satisfactory scholastic
standing, the recipient may, upon certification of the Commissioner, be relieved
of the obligations under the contract to engage in dental practice in an
underserved area 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.

E. In the event the recipient dies or becomes permanently disabled so as not to
be able to engage in the practice of dentistry, the recipient or his estate may,
upon certification of the Commissioner, be relieved of the obligation under the
contract to engage in dental practice in an underserved area upon repayment to
the Commonwealth of the total amount of scholarship funds plus interest on such
amount computed at eight percent per annum from the date of receipt of
scholarship funds. This obligation may be waived in whole or in part by the
Commissioner in his discretion upon application by the recipient or his estate
to the Commissioner with proof of hardship or inability to pay.

F. Except as provided in subsections D and E, any recipient of a scholarship who
fails or refuses to fulfill his obligation to practice dentistry in an
underserved area 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 at the prevailing bank
rate for similar amounts of unsecured debt. If the recipient has fulfilled part
of his contractual obligations by serving in an underserved area, the total
amount of the scholarship funds received shall be reduced by the amount of the
annual scholarship multiplied by the number of years served.

G. The Commissioner shall collect all repayments required by this section and
may establish a schedule of payments for reimbursement consistent with the
regulations of the Board. No schedule of payments shall amortize the total
amount due for a period of longer than two years following the completion of the
recipient&#8217;s postgraduate training or the recipient&#8217;s entrance into
the full-time practice of dentistry, whichever is later. All such funds,
including any interest thereon, shall be used only for the purposes of this
section and shall not revert to the general fund. If any recipient fails to make
any payment when and as due, the Commissioner shall notify the Attorney General.
The Attorney General shall take such action as he deems proper. In the event
court action is required to collect a delinquent scholarship account, the
recipient shall be responsible for the court costs and reasonable
attorneys&#8217; fees incurred by the Commonwealth in such collection.

H. For purposes of this section, the term &#8220;underserved area&#8221; shall
include those underserved areas designated by the Board pursuant to &#xA7;
32.1-122.5 and dental health professional shortage areas designated in
accordance with the criteria established in 42 C.F.R. Part 5.

HISTORY: 1994, c. 867; 2000, c. 926; 2001, c. 188; 2002, c. 52.