As Reported by the House Health Committee

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 

Representatives Hagan, R., DeBose, Strahorn, Letson, Williams, B., Boyd, Slesnick 

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A BILL

To amend section 5120.55 of the Revised Code to

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permit the Department of Rehabilitation and

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Correction to recruit certain licensed health

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professionals through a loan repayment program.

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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
"licensed health professional" means an individualany or all of	8
the following:	9

(1) A dentist who holds a current, valid license issued under	10
Chapter 4715. of the Revised Code to practice dentistry;	11

(2) A licensed practical nurse who holds a current, valid	12
license issued under Chapter 4723. of the Revised Code that	13
authorizes the practice of nursing as a licensed practical nurse;	14

(3) An optometrist who holds a current, valid certificate of	15
licensure issued under Chapter 4725. of the Revised Code that	16
authorizes the holder to engage in the practice of optometry;	17

(4) A physician who is authorized under Chapter 4731. of the	18
Revised Code to practice medicine and surgery, osteopathic	19
medicine and surgery, or podiatry;	20

(5) A psychologist who holds a current, valid license issued	21
under Chapter 4732. of the Revised Code that authorizes the	22
practice of psychology as a licensed psychologist;	23

(6) A registered nurse who holds a current, valid license	24
issued under Chapter 4723. of the Revised Code that authorizes the	25
practice of nursing as a registered nurse regardless of whether	26
the nurse is authorized to practice as an advanced practice nurse	27
as defined in section 4723.01 of the Revised Code.	28

(B)(1) The department of rehabilitation and correction may	29
establish a physician recruitment program under which the	30
department, by means of a contract entered into under division (C)	31
of this section, agrees to repay all or part of the principal and	32
interest of a government or other educational loan incurred by a	33
physicianlicensed health professional who agrees to provide	34
services to inmates of correctional institutions under the	35
department's administration. To	36

(2)(a) For a physician to be eligible to participate in the	37
program, athe physician must have attended a school that was,	38
during the time of attendance, a medical school or osteopathic	39
medical school in this country accredited by the liaison committee	40
on medical education or the American osteopathic association, a	41
college of podiatry in this country recognized as being in good	42
standing under section 4731.53 of the Revised Code, or a medical	43
school, osteopathic medical school, or college of podiatry located	44
outside this country that was acknowledged by the world health	45
organization and verified by a member state of that organization	46
as operating within that state's jurisdiction.	47

(b) For a nurse to be eligible to participate in the program,	48
the nurse must have attended a school that was, during the time of	49
attendance, a nursing school in this country accredited by the	50
commission on collegiate nursing education or the national league	51
for nursing accrediting commission or a nursing school located	52
outside this country that was acknowledged by the world health	53
organization and verified by a member state of that organization	54
as operating within that state's jurisdiction.	55

(c) For a dentist to be eligible to participate in the	56
program, the dentist must have attended a school that was, during	57
the time of attendance, a dental college that enabled the dentist	58
to meet the requirements specified in section 4715.10 of the	59
Revised Code to be granted a license to practice dentistry.	60

(d) For an optometrist to be eligible to participate in the	61
program, the optometrist must have attended a school of optometry	62
that was, during the time of attendance, approved by the state	63
board of optometry.	64

(e) For a psychologist to be eligible to participate in the	65
program, the psychologist must have attended an educational	66
institution that, during the time of attendance, maintained a	67
specific degree program recognized by the state board of	68
psychology as acceptable for fulfilling the requirement of	69
division (B)(4) of section 4732.10 of the Revised Code.	70

(C) The department shall enter into a contract with each	71
physicianlicensed health professional it recruits under this	72
section. Each contract shall include at least the following	73
terms:	74

(1) The physicianlicensed health professional agrees to	75
provide a specified scope of medical, osteopathic medical, or	76
podiatric, optometric, psychological, nursing, or dental services	77
to inmates of one or more specified state correctional	78
institutions for a specified number of hours per week for a	79
specified number of years.	80

(2) The department agrees to repay all or a specified portion	81
of the principal and interest of a government or other educational	82
loan taken by the physicianlicensed health professional for the	83
following expenses to attend, for up to a maximum of four years,	84
a school that qualifies the physicianlicensed health	85
professional to participate in the program:	86

(a) Tuition;

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(b) Other educational expenses for specific purposes,	88
including fees, books, and laboratory expenses, in amounts	89
determined to be reasonable in accordance with rules adopted under	90
division (D) of this section;	91

(c) Room and board, in an amount determined to be reasonable	92
in accordance with rules adopted under division (D) of this	93
section.	94

(3) The physicianlicensed health professional agrees to pay	95
the department a specified amount, which shall be no less than	96
the amount already paid by the department pursuant to its	97
agreement, as damages if the physicianlicensed health	98
professional fails to complete the service obligation agreed to	99
or fails to comply with other specified terms of the contract.	100
The contract may vary the amount of damages based on the portion	101
of the physician's service obligation that remains uncompleted.	102

(4) Other terms agreed upon by the parties.

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The physician'slicensed health professional's lending	104
institution or the Ohio board of regents, may be a party to the	105
contract. The contract may include an assignment to the department	106
of the physician'slicensed health professional's duty to repay	107
the principal and interest of the loan.	108

(D) If the department elects to implement the physician	109
recruitment program, it shall adopt rules in accordance with	110
Chapter 119. of the Revised Code that establish all of the	111
following:	112

(1) Criteria for designating institutions for which	113
physicianslicensed health professionals will be recruited;	114

(2) Criteria for selecting physicianslicensed health	115
professionals for participation in the program;	116

(3) Criteria for determining the portion of a physician's	117
loan which the department will agree to repay;	118

(4) Criteria for determining reasonable amounts of the	119
expenses described in divisions (C)(2)(b) and (c) of this section;	120

(5) Procedures for monitoring compliance by physiciansa	121
licensed health professional with the terms of their contracts	122
the contract the licensed health professional enters into under	123
this section;	124

(6) Any other criteria or procedures necessary to implement	125
the program.	126

Section 2. That existing section 5120.55 of the Revised Code	127
is hereby repealed.	128