S. B. No. 147 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 147

Senator Faber

Cosponsors: Senators Schuring, Grendell

A BILL

To amend section 5120.55 of the Revised Code to 1
permit the Department of Rehabilitation and 2
Correction to establish a loan repayment program 3
for recruitment of nurses. 4

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 5120.55 of the Revised Code be 5
amended to read as follows: 6

       Sec. 5120.55. (A) As used in this section~~, "physician"~~: 7

       (1) "Licensed practical nurse" means an individual who holds 8
a current, valid license issued under Chapter 4723. of the Revised 9
Code that authorizes the practice of nursing as a licensed 10
practical nurse. 11

       (2) "Nurse" means a registered nurse or licensed practical 12
nurse. 13

       (3) "Physician" means an individual who is authorized under 14
Chapter 4731. of the Revised Code to practice medicine and 15
surgery, osteopathic medicine and surgery, or podiatry. 16

       (4) "Registered nurse" means an individual who holds a 17
current, valid license issued under Chapter 4723. of the Revised 18
Code that authorizes the practice of nursing as a registered nurse 19
and includes a registered nurse who is a clinical nurse 20
specialist, certified nurse-midwife, or certified nurse 21
practitioner. 22

       (B)(1) The department of rehabilitation and correction may 23
establish a ~~physician~~ recruitment program under which the 24
department, by means of a contract entered into under division (C) 25
of this section, agrees to repay all or part of the principal and 26
interest of a government or other educational loan incurred by a 27
physician or nurse who agrees to provide services to inmates of 28
correctional institutions under the department's administration. 29
To 30

       (2)(a) For a physician to be eligible to participate in the 31
program, athe physician must have attended a school that was, 32
during the time of attendance, a medical school or osteopathic 33
medical school in this country accredited by the liaison committee 34
on medical education or the American osteopathic association, a 35
college of podiatry in this country recognized as being in good 36
standing under section 4731.53 of the Revised Code, or a medical 37
school, osteopathic medical school, or college of podiatry located 38
outside this country that was acknowledged by the world health 39
organization and verified by a member state of that organization 40
as operating within that state's jurisdiction. 41

       (b) For a nurse to be eligible to participate in the program, 42
the nurse must have attended a school that was, during the time of 43
attendance, a nursing school in this country accredited by the 44
commission of collegiate nursing education or the national league 45
for nursing accrediting commission or a nursing school located 46
outside this country that was acknowledged by the world health 47
organization and verified by a member state of that organization 48
as operating within that state's jurisdiction. 49

       (C) The department shall enter into a contract with each 50
physician or nurse it recruits under this section. Each contract 51
shall include at least the following terms: 52

       (1) The physician or nurse agrees to provide a specified 53
scope of medical, osteopathic medical, or podiatric, or nursing 54
services to inmates of one or more specified state correctional 55
institutions for a specified number of hours per week for a 56
specified number of years. 57

       (2) The department agrees to repay all or a specified portion 58
of the principal and interest of a government or other educational 59
loan taken by the physician or nurse for the following expenses to 60
attend, for up to a maximum of four years, a school that qualifies 61
the physician or nurse to participate in the program: 62

       (a) Tuition; 63

       (b) Other educational expenses for specific purposes, 64
including fees, books, and laboratory expenses, in amounts 65
determined to be reasonable in accordance with rules adopted under 66
division (D) of this section; 67

       (c) Room and board, in an amount determined to be reasonable 68
in accordance with rules adopted under division (D) of this 69
section. 70

       (3) The physician or nurse agrees to pay the department a 71
specified amount, which shall be no less than the amount already 72
paid by the department pursuant to its agreement, as damages if 73
the physician or nurse fails to complete the service obligation 74
agreed to or fails to comply with other specified terms of the 75
contract. The contract may vary the amount of damages based on the 76
portion of the ~~physician's~~ service obligation that remains 77
uncompleted. 78

       (4) Other terms agreed upon by the parties. 79

       The ~~physician's~~ lending institution of the physician or 80
nurse, or the Ohio board of regents, may be a party to the 81
contract. The contract may include an assignment to the department 82
of the ~~physician's~~ duty of the physician or nurse to repay the 83
principal and interest of the loan. 84

       (D) If the department elects to implement the ~~physician~~ 85
recruitment program, it shall adopt rules in accordance with 86
Chapter 119. of the Revised Code that establish all of the 87
following: 88

       (1) Criteria for designating institutions for which 89
physicians or nurses, or both, will be recruited; 90

       (2) Criteria for selecting physicians or nurses, or both, for 91
participation in the program; 92

       (3) Criteria for determining the portion of a ~~physician's~~ 93
loan which the department will agree to repay; 94

       (4) Criteria for determining reasonable amounts of the 95
expenses described in divisions (C)(2)(b) and (c) of this section; 96

       (5) Procedures for monitoring compliance by physicians or 97
nurses, or both, with the terms of their contracts; 98

       (6) Any other criteria or procedures necessary to implement 99
the program. 100

       Section 2. That existing section 5120.55 of the Revised Code 101
is hereby repealed. 102

Section 1. That section 5120.55 of the Revised Code be	5
amended to read as follows:	6

(1) "Licensed practical nurse" means an individual who holds	8
a current, valid license issued under Chapter 4723. of the Revised	9
Code that authorizes the practice of nursing as a licensed	10
practical nurse.	11

(2) "Nurse" means a registered nurse or licensed practical	12
nurse.	13

(3) "Physician" means an individual who is authorized under	14
Chapter 4731. of the Revised Code to practice medicine and	15
surgery, osteopathic medicine and surgery, or podiatry.	16

(4) "Registered nurse" means an individual who holds a	17
current, valid license issued under Chapter 4723. of the Revised	18
Code that authorizes the practice of nursing as a registered nurse	19
and includes a registered nurse who is a clinical nurse	20
specialist, certified nurse-midwife, or certified nurse	21
practitioner.	22

(B)(1) The department of rehabilitation and correction may	23
establish a ~~physician~~ recruitment program under which the	24
department, by means of a contract entered into under division (C)	25
of this section, agrees to repay all or part of the principal and	26
interest of a government or other educational loan incurred by a	27
physician or nurse who agrees to provide services to inmates of	28
correctional institutions under the department's administration.	29
To	30

(2)(a) For a physician to be eligible to participate in the	31
program, athe physician must have attended a school that was,	32
during the time of attendance, a medical school or osteopathic	33
medical school in this country accredited by the liaison committee	34
on medical education or the American osteopathic association, a	35
college of podiatry in this country recognized as being in good	36
standing under section 4731.53 of the Revised Code, or a medical	37
school, osteopathic medical school, or college of podiatry located	38
outside this country that was acknowledged by the world health	39
organization and verified by a member state of that organization	40
as operating within that state's jurisdiction.	41

(b) For a nurse to be eligible to participate in the program,	42
the nurse must have attended a school that was, during the time of	43
attendance, a nursing school in this country accredited by the	44
commission of collegiate nursing education or the national league	45
for nursing accrediting commission or a nursing school located	46
outside this country that was acknowledged by the world health	47
organization and verified by a member state of that organization	48
as operating within that state's jurisdiction.	49

(C) The department shall enter into a contract with each	50
physician or nurse it recruits under this section. Each contract	51
shall include at least the following terms:	52

(1) The physician or nurse agrees to provide a specified	53
scope of medical, osteopathic medical, or podiatric, or nursing	54
services to inmates of one or more specified state correctional	55
institutions for a specified number of hours per week for a	56
specified number of years.	57

(2) The department agrees to repay all or a specified portion	58
of the principal and interest of a government or other educational	59
loan taken by the physician or nurse for the following expenses to	60
attend, for up to a maximum of four years, a school that qualifies	61
the physician or nurse to participate in the program:	62

(b) Other educational expenses for specific purposes,	64
including fees, books, and laboratory expenses, in amounts	65
determined to be reasonable in accordance with rules adopted under	66
division (D) of this section;	67

(c) Room and board, in an amount determined to be reasonable	68
in accordance with rules adopted under division (D) of this	69
section.	70

(3) The physician or nurse agrees to pay the department a	71
specified amount, which shall be no less than the amount already	72
paid by the department pursuant to its agreement, as damages if	73
the physician or nurse fails to complete the service obligation	74
agreed to or fails to comply with other specified terms of the	75
contract. The contract may vary the amount of damages based on the	76
portion of the ~~physician's~~ service obligation that remains	77
uncompleted.	78

The ~~physician's~~ lending institution of the physician or	80
nurse, or the Ohio board of regents, may be a party to the	81
contract. The contract may include an assignment to the department	82
of the ~~physician's~~ duty of the physician or nurse to repay the	83
principal and interest of the loan.	84

(D) If the department elects to implement the ~~physician~~	85
recruitment program, it shall adopt rules in accordance with	86
Chapter 119. of the Revised Code that establish all of the	87
following:	88

(1) Criteria for designating institutions for which	89
physicians or nurses, or both, will be recruited;	90

(2) Criteria for selecting physicians or nurses, or both, for	91
participation in the program;	92

(3) Criteria for determining the portion of a ~~physician's~~	93
loan which the department will agree to repay;	94

(4) Criteria for determining reasonable amounts of the	95
expenses described in divisions (C)(2)(b) and (c) of this section;	96

(5) Procedures for monitoring compliance by physicians or	97
nurses, or both, with the terms of their contracts;	98

(6) Any other criteria or procedures necessary to implement	99
the program.	100

Section 2. That existing section 5120.55 of the Revised Code	101
is hereby repealed.	102