As Passed by the Senate

127th General Assembly
Regular Session
2007-2008
Sub. S. B. No. 147


Senator Faber 

Cosponsors: Senators Schuring, Grendell, Wagoner, Morano, Seitz, Mumper, Buehrer, Coughlin, Harris, Miller, D., Padgett, Schaffer, Spada, Stivers, Cafaro, Amstutz, Sawyer, Jacobson, Fedor, Smith, Mason, Cates, Wilson 

A BILL
To amend section 5120.55 of the Revised Code to 1
permit the Department of Rehabilitation and 2
Correction to recruit nurses and dentists through 3
a loan repayment program.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) "Dentist" means an individual who holds a current, valid 8
license issued under Chapter 4715. of the Revised Code to practice 9
dentistry.10

        (2) "Licensed practical nurse" means an individual who holds 11
a current, valid license issued under Chapter 4723. of the Revised 12
Code that authorizes the practice of nursing as a licensed 13
practical nurse.14

       (3) "Nurse" means a registered nurse or licensed practical 15
nurse.16

       (4) "Physician" means an individual who is authorized under 17
Chapter 4731. of the Revised Code to practice medicine and18
surgery, osteopathic medicine and surgery, or podiatry.19

       (5) "Registered nurse" means an individual who holds a 20
current, valid license issued under Chapter 4723. of the Revised 21
Code that authorizes the practice of nursing as a registered nurse 22
and includes a registered nurse who is a clinical nurse 23
specialist, certified nurse-midwife, or certified nurse 24
practitioner.25

       (B)(1) The department of rehabilitation and correction may26
establish a physician recruitment program under which the27
department, by means of a contract entered into under division (C) 28
of this section, agrees to repay all or part of the principal and 29
interest of a government or other educational loan incurred by a 30
physician, nurse, or dentist who agrees to provide services to 31
inmates of correctional institutions under the department's32
administration. To33

       (2)(a) For a physician to be eligible to participate in the 34
program, athe physician must have attended a school that was, 35
during the time of attendance, a medical school or osteopathic 36
medical school in this country accredited by the liaison committee 37
on medical education or the American osteopathic association, a 38
college of podiatry in this country recognized as being in good 39
standing under section 4731.53 of the Revised Code, or a medical 40
school, osteopathic medical school, or college of podiatry located 41
outside this country that was acknowledged by the world health 42
organization and verified by a member state of that organization43
as operating within that state's jurisdiction.44

       (b) For a nurse to be eligible to participate in the program, 45
the nurse must have attended a school that was, during the time of 46
attendance, a nursing school in this country accredited by the 47
commission of collegiate nursing education or the national league 48
for nursing accrediting commission or a nursing school located 49
outside this country that was acknowledged by the world health 50
organization and verified by a member state of that organization 51
as operating within that state's jurisdiction.52

       (c) For a dentist to be eligible to participate in the 53
program, the dentist must have attended a school that was, during 54
the time of attendance, a dental college that enabled the dentist 55
to meet the requirements specified in section 4715.10 of the 56
Revised Code to be granted a license to practice dentistry.57

       (C) The department shall enter into a contract with each 58
physician, nurse, or dentist it recruits under this section. Each 59
contract shall include at least the following terms:60

       (1) The physician, nurse, or dentist agrees to provide a 61
specified scope of medical, osteopathic medical, or podiatric, 62
nursing, or dental services to inmates of one or more specified 63
state correctional institutions for a specified number of hours 64
per week for a specified number of years.65

       (2) The department agrees to repay all or a specified portion 66
of the principal and interest of a government or other educational 67
loan taken by the physician, nurse, or dentist for the following 68
expenses to attend, for up to a maximum of four years, a school 69
that qualifies the physician, nurse, or dentist to participate in70
the program:71

       (a) Tuition;72

       (b) Other educational expenses for specific purposes,73
including fees, books, and laboratory expenses, in amounts74
determined to be reasonable in accordance with rules adopted under 75
division (D) of this section;76

       (c) Room and board, in an amount determined to be reasonable 77
in accordance with rules adopted under division (D) of this 78
section.79

       (3) The physician, nurse, or dentist agrees to pay the 80
department a specified amount, which shall be no less than the 81
amount already paid by the department pursuant to its agreement, 82
as damages if the physician, nurse, or dentist fails to complete 83
the service obligation agreed to or fails to comply with other 84
specified terms of the contract. The contract may vary the amount 85
of damages based on the portion of the physician's service 86
obligation that remains uncompleted.87

       (4) Other terms agreed upon by the parties.88

       The physician's lending institution of the physician, nurse, 89
or dentist, or the Ohio board of regents, may be a party to the 90
contract. The contract may include an assignment to the department 91
of the physician's duty of the physician, nurse, or dentist to 92
repay the principal and interest of the loan.93

       (D) If the department elects to implement the physician94
recruitment program, it shall adopt rules in accordance with95
Chapter 119. of the Revised Code that establish all of the96
following:97

       (1) Criteria for designating institutions for which98
physicians, nurses, or dentist, or any combination thereof, will 99
be recruited;100

       (2) Criteria for selecting physicians, nurses, or dentists, 101
or any combination thereof, for participation in the program;102

       (3) Criteria for determining the portion of a physician's103
loan which the department will agree to repay;104

       (4) Criteria for determining reasonable amounts of the105
expenses described in divisions (C)(2)(b) and (c) of this section;106

       (5) Procedures for monitoring compliance by physiciansa 107
physician, nurse, or dentist with the terms of their contracts108
the contract the individual enters into under this section;109

       (6) Any other criteria or procedures necessary to implement 110
the program.111

       Section 2. That existing section 5120.55 of the Revised Code 112
is hereby repealed.113