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USA Statutes : maine
Title : Title 20-A. EDUCATION
Chapter : Chapter 424. MEDICAL EDUCATION AND RECRUITMENT (HEADING. PL 1991, c. 830, @4; c. 832, @10 (new))
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Title 20-A - §12101. Definitions
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 424: MEDICAL EDUCATION AND RECRUITMENT (HEADING: PL 1991, c. 830, @4; c. 832, @10 (new))
§12101. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
1. Authority. "Authority" means the Finance Authority of Maine.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
2. Chief executive officer. "Chief executive officer" means the Chief Executive Officer of the Finance Authority of Maine.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
3. Clinical education. "Clinical education" means any on-location teaching environment ranging from a one-to-one training between a physician and
a medical student to a training in a health clinic or hospital with or without a residency program.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
4. Health professional shortage area. "Health professional shortage area" means an area in the State lacking in medical professionals as designated by the Commissioner
of Health and Human Services.
[1991, c. 830, §4 (new); c. 832, §10 (new); 2003, c. 689, Pt. B, §7 (rev).]
5. Insufficient veterinary services. "Insufficient veterinary services" means an insufficient number of practitioners of veterinary medicine in either a veterinary
specialty or a geographic area, as determined by the Commissioner of Agriculture, Food and Rural Resources.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
6. Maine resident. "Maine resident" means a person who has been a resident of the State for a minimum of one year as determined by rule of
the authority who shall consider:
A. Length of residence in Maine for other than tuition purposes;
[1991, c. 830, §4 (new); c. 832, §10 (new).]
B. Secondary school attended;
[1991, c. 830, §4 (new); c. 832, §10 (new).]
C. Legal residence of parents;
[1991, c. 830, §4 (new); c. 832, §10 (new).]
D. Place of voting registration, if registered to vote;
[1991, c. 830, §4 (new); c. 832, §10 (new).]
E. Place where taxes are paid; and
[1991, c. 830, §4 (new); c. 832, §10 (new).]
F. Other indicators established by the authority.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
[1991, c. 830, §4 (new); c. 832, §10 (new).]
7. Nonresident tuition. "Nonresident tuition" means tuition charged to persons who are not residents in the state where an institution of allopathic
or osteopathic medical education with which the authority has a contract is located. If the institution makes no distinction
between the tuition charged resident and nonresident students, then "nonresident tuition" means the tuition charged all students.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
8. Primary health care. "Primary health care" means general or family practice of medicine, general internal medicine, general pediatrics, general
dentistry and obstetrics and gynecology.
[1995, c. 117, Pt. D, §1 (amd); §3 (aff).]
9. Underserved group. "Underserved group" means a population group in the State receiving insufficient primary health care, as determined by the
Commissioner of Health and Human Services.
[1991, c. 830, §4 (new); c. 832, §10 (new); 2003, c. 689, Pt. B, §7 (rev).]
10. Underserved specialty. "Underserved specialty" means a medical specialty in which there are insufficient practitioners either throughout the State
or within a designated geographic area of the State, as determined by rule of the Commissioner of Health and Human Services.
[1991, c. 830, §4 (new); c. 832, §10 (new); 2003, c. 689, Pt. B, §7 (rev).]
Section History:
PL 1991,
Ch. 830,
§4
(NEW).
PL 1991,
Ch. 832,
§10
(NEW).
PL 1995,
Ch. 117,
§D1
(AMD).
PL 1995,
Ch. 117,
§D3
(AFF).
PL 2003,
Ch. 689,
§B7
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §12102. Comprehensive programs
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 424: MEDICAL EDUCATION AND RECRUITMENT (HEADING: PL 1991, c. 830, @4; c. 832, @10 (new))
§12102. Comprehensive programs
The chief executive officer shall administer the comprehensive programs established in this chapter to address the shortage
of primary health care professionals in underserved areas of the State. With the assistance of the Advisory Committee on
Medical Education, established by Title 5, section 12004-I, subsection 7, the chief executive officer shall plan, evaluate
and update the programs to ensure that Maine residents have access to medical education and to primary health care.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
Section History:
PL 1991,
Ch. 830,
§4
(NEW).
PL 1991,
Ch. 832,
§10
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §12103. Access to Medical Education Program
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 424: MEDICAL EDUCATION AND RECRUITMENT (HEADING: PL 1991, c. 830, @4; c. 832, @10 (new))
§12103. Access to Medical Education Program
1. Positions. The Access to Medical Education Program is established under this section. Under this program, the chief executive officer
shall secure up to 21 positions annually for Maine students at schools of allopathic, osteopathic or veterinary medical education
up to an aggregate of 84 positions. Five positions are for students of osteopathic medicine, 15 positions are for students
of allopathic medicine and one position is for students of veterinary medicine. If there is an insufficient number of qualified
applicants for positions in either allopathic or osteopathic medicine, the chief executive officer may increase or decrease
the number of positions available in either discipline. The allopathic and osteopathic medicine positions are available only
to eligible students commencing professional education on or after January 1, 1993. The veterinary medicine position is available
to a student commencing medical education on or after January 1, 1999.
[1997, c. 765, §1 (amd).]
2. Application process. Students shall apply directly to an institution of allopathic, osteopathic or veterinary medical education with which the
authority has a contract to secure positions.
[1997, c. 765, §1 (amd).]
3. Requirements. Each student obtaining a position in an institution of allopathic or osteopathic medical education shall enter into an agreement
with the authority by which the student agrees during the student's medical education to complete clinical education in rural
areas and health professional shortage areas of this State as provided in the contract between the institutions of medical
education and the authority. Each student obtaining a position in an institution of veterinary medical education shall enter
into an agreement with the authority by which the student agrees during the student's medical education to complete clinical
education in an area determined to have insufficient veterinary services as provided in the contract between the institutions
of veterinary medicine and the authority.
[1997, c. 765, §1 (amd).]
4. Repayment of tuition differential. A student receiving a position secured by the authority shall enter into an agreement with the authority promising to pay
back to the authority any amounts expended by the authority that reduce the nonresident tuition to be paid by the student.
Such an agreement must be on the same terms and conditions as the agreement required by section 12104.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
Section History:
PL 1991,
Ch. 830,
§4
(NEW).
PL 1991,
Ch. 832,
§10
(NEW).
PL 1997,
Ch. 765,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §12104. Loans for medical education
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 424: MEDICAL EDUCATION AND RECRUITMENT (HEADING: PL 1991, c. 830, @4; c. 832, @10 (new))
§12104. Loans for medical education
The Health Professions Loan Program, referred to in this section as the "program," is established and is administered by the
authority.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
1. Eligibility. Loans are available to Maine residents pursuing allopathic, osteopathic, optometric, veterinary and dentistry education
who meet eligibility criteria, established by rule of the authority, which at a minimum must require:
A. That the student show financial need for a loan; and
[1991, c. 830, §4 (new); c. 832, §10 (new).]
B. That priority be given to students:
(1) Who have previously received a loan pursuant to this section and who exhibit financial need as determined by the authority;
or
(2) Who are participants in the access to medical education program established in this chapter.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
Loans under this section are available only to eligible students on or after January 1, 1993.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
2. State contract students. Students who entered into agreements pursuant to section 11804-A and who are otherwise eligible are eligible for a loan
under this program. Any amount the authority paid on behalf of a state contract student under section 11804-A that is not
directly used to secure a position at a school of medicine is deemed a loan for purposes of determining the maximum loan amount
a student may receive under this section.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
3. Maximum loan amount. The chief executive officer may establish the maximum loan amount and may provide for a different maximum loan amount for
applicants in different categories.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
4. Allocation of loan fund. The loan fund must be allocated as follows.
A. Ninety percent of the loan fund designated for loans must be available for students of allopathic medicine and osteopathic
medicine.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
B. Up to 10% of the loan fund designated for loans is available for Maine residents studying optometry, veterinary and dental
medicine.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
[1991, c. 830, §4 (new); c. 832, §10 (new).]
5. Loan agreement. The student shall enter into a loan agreement that provides for the following.
A. Upon completion of professional education the student shall repay the loan in accordance with the following schedule.
(1) A loan recipient who does not obtain loan forgiveness pursuant to this section shall repay the entire principal portion
of the loan plus simple interest at a rate to be determined by rule of the authority. Interest does not begin to accrue until
the loan recipient completes medical education, including residency and internship. The authority may establish differing
interest rates to encourage loan recipients to practice primary health care medicine in the State.
(2) Primary health care physicians and dentists practicing in a designated health professional shortage area, any physician
practicing in an underserved specialty or any physician providing services to a designated underserved group are forgiven
the larger of 25% of the original outstanding indebtedness plus any accrued interest or $7,500 for each year of practice.
Primary health care physicians and dentists practicing in the State, but not practicing in a designated health professional
shortage area, are forgiven the larger of 12.5% of the original outstanding indebtedness plus any accrued interest or $3,750
for each year of practice.
(3) Veterinarians providing services to Maine residents with insufficient veterinary services are forgiven the larger of
25% of the original outstanding indebtedness plus any accrued interest or $7,500 for each year of practice.
(4) Any student completing an entire residency at any primary health care residency program in the State is forgiven 50%
of the original outstanding indebtedness for each year of practice in a designated health professional shortage area, as a
physician practicing in an underserved specialty or as a physician providing services to an underserved group or 25% of the
original outstanding indebtedness for each year of primary health care practice in the State.
[1995, c. 117, Pt. D, §2 (amd); §3 (aff).]
B. Loans must be repaid over a term no greater than 10 years, except that the chief executive officer may extend an individual's
term as necessary to ensure repayment of the loan. Repayment must commence when the loan recipient completes, withdraws from
or otherwise fails to continue medical education.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
C. Any loan recipient requesting forgiveness or an interest rate reduction under this section, excluding veterinarians, shall
report annually to the Department of Health and Human Services, Office of Rural Health the following:
(1) The number of Medicaid patients served by the loan recipient and the percentage of the loan recipient's overall service
provided to Medicaid patients;
(2) The number of instances in which a loan recipient accepted a Medicare assignment and the number of and basis for any
rejections during the period of the report; and
(3) The amount of time devoted by the loan recipient to practice in a public health clinic during the period of the report.
The Department of Health and Human Services, Office of Rural Health and the Finance Authority of Maine shall determine whether
the level of service provided by the loan recipient to Medicaid and Medicare patients and in public health clinics was reasonable.
If the Office of Rural Health and the Finance Authority of Maine determine that the level of service provided was not reasonable
or if the loan recipient fails to provide the report by the date required, the loan recipient is not entitled to any loan
forgiveness or interest rate reduction under this section for the year of the report.
[1991, c. 830, §4 (new); c. 832, §10 (new); 2003, c. 689, Pt. B, §6 (rev).]
[1995, c. 117, Pt. D, §2 (amd); §3 (aff); 2003, c. 689, Pt. B, §6 (rev).]
6. Deferments. Deferments may be granted for causes established by rule of the authority. Interest at a rate to be determined by rule
of the authority must be assessed during the deferment. The student's total debt to the authority, including principal and
interest, must be repaid either through return service or cash payments. The chief executive officer shall make determinations
of deferment on a case-by-case basis. The decision of the chief executive officer is final.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
Section History:
PL 1991,
Ch. 830,
§4
(NEW).
PL 1991,
Ch. 832,
§10
(NEW).
PL 1995,
Ch. 117,
§D2
(AMD).
PL 1995,
Ch. 117,
§D3
(AFF).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §12105. Nonlapsing fund
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 424: MEDICAL EDUCATION AND RECRUITMENT (HEADING: PL 1991, c. 830, @4; c. 832, @10 (new))
§12105. Nonlapsing fund
1. Fund created. A nonlapsing, interest-earning, revolving fund under the jurisdiction of the authority is created to carry out the purposes
of this chapter. Any unexpended balance in the fund carries over for continued use under this chapter. The authority may
receive, invest and expend, on behalf of the fund, money from gifts, grants, bequests and donations, or other sources in addition
to money appropriated or allocated by the State. Loan repayments under this chapter or other repayments to the authority
must be invested by the authority, as provided by law, with the earned income to be added to the fund. Money received by
the authority on behalf of the fund, except interest income, must be used for such purposes; interest income may be used for
such purposes or to pay student financial assistance administrative costs incurred by the authority.
[2001, c. 479, §1 (amd).]
2. Separate account authorized. The authority may divide the fund into separate accounts it determines necessary or convenient for implementing this chapter,
including, but not limited to, accounts reserved for the purchase of positions and accounts reserved for loans.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
3. Allocation of repayments. The authority may allocate a portion of the annual loan repayments for the purpose of recruiting primary health care physicians
for designated health professional shortage areas. That portion may be used:
A. To generate additional matching funds for recruitment of physicians for designated health professional shortage areas; or
[1991, c. 830, §4 (new); c. 832, §10 (new).]
B. In accordance with criteria established by the authority, to encourage primary health care physicians to practice medicine
in health professional shortage areas.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
[1991, c. 830, §4 (new); c. 832, §10 (new).]
4. Borrowing permitted. The authority may borrow funds pursuant to chapter 417-B for application to the fund established in subsection 1 and may
pledge all or part of the fund or any assets or revenues of the fund in connection with any such borrowing.
[2001, c. 479, §2 (amd).]
Section History:
PL 1991,
Ch. 830,
§4
(NEW).
PL 1991,
Ch. 832,
§10
(NEW).
PL 1993,
Ch. 410,
§EEEE3
(AMD).
PL 2001,
Ch. 479,
§1-2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §12106. Advisory Committee on Medical Education
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 424: MEDICAL EDUCATION AND RECRUITMENT (HEADING: PL 1991, c. 830, @4; c. 832, @10 (new))
§12106. Advisory Committee on Medical Education
1. Committee. The Advisory Committee on Medical Education, established pursuant to Title 5, section 12004-I, subsection 7, shall assist
the chief executive officer in evaluating and improving the programs established by this chapter.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
2. Members. The Advisory Committee on Medical Education consists of the following 19 members:
A. Nine members appointed by the chief executive officer and subject to approval by the joint standing committee of the Legislature
having jurisdiction over education matters. Of these members:
(1) One must be a representative of a major statewide agency representing allopathic physicians;
(2) One must be a representative of a major statewide agency representing osteopathic physicians;
(3) One must be a representative of a major statewide agency representing family physicians;
(4) One must be a member of the major statewide agency representing hospitals;
(5) One must be a representative of the major statewide agency representing community health centers;
(7) One must be a representative of an association of commercial health insurance companies doing business in the State;
(8) One must be a representative of a statewide area health education center program; and
(9) Two must be at-large members;
[2001, c. 417, §22 (amd).]
B. The Commissioner of Health and Human Services or the commissioner's designee;
[1991, c. 830, §4 (new); c. 832, §10 (new); 2003, c. 689, Pt. B, §7 (rev).]
C.
[2001, c. 417, §23 (rp).]
D. Three at-large members from areas of the State lacking reasonable access to health care: one appointed by the Governor;
one appointed by the President of the Senate; and one appointed by the Speaker of the House of Representatives, all of whom
are subject to approval by the joint standing committee of the Legislature having jurisdiction over education matters; and
[1991, c. 830, §4 (new); c. 832, §10 (new).]
E. Six members appointed by the chief executive officer and subject to approval by the joint standing committee of the Legislature
having jurisdiction over education matters. These members must include:
(1) A chief executive of a family practice residency in the State;
(2) A representative of an institution of allopathic medical education at which the authority secures positions for students;
(3) A representative of an institution of osteopathic medical education at which the authority secures positions for students;
(4) A Maine student, resident or practicing physician who has obtained a position secured by the authority at an institution
of allopathic medical education;
(5) A Maine student, resident or practicing physician who has obtained a position secured by the authority at an institution
of osteopathic medical education; and
(6) A representative of a major teaching hospital in the State.
[2001, c. 417, §24 (rpr).]
[2001, c. 417, §§21-24 (amd); 2003, c. 689, Pt. B, §7 (rev).]
3. Vacancies. In the case of vacancies or resignations, appointments must be made as for a new member to fill the vacancies until the
expiration of the terms.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
4. Terms. The terms of office for all appointees is 2 years.
[1991, c. 830, §4 (new); c. 832, §10 (new).]
Section History:
PL 1991,
Ch. 830,
§4
(NEW).
PL 1991,
Ch. 832,
§10
(NEW).
PL 2001,
Ch. 417,
§21-24
(AMD).
PL 2003,
Ch. 689,
§B7
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 20-A - §12107. Rules
Title 20-A: EDUCATION
Part 5: POST-SECONDARY EDUCATION
Chapter 424: MEDICAL EDUCATION AND RECRUITMENT (HEADING: PL 1991, c. 830, @4; c. 832, @10 (new))
§12107. Rules
The authority shall establish rules necessary to implement this chapter. The Commissioner of Health and Human Services shall
develop rules for determining health professional shortage areas for the practice of primary health care medicine and dentistry,
for determining the reasonableness of the service provided by loan recipients to Medicaid and Medicare patients and participation
by loan recipients in public health clinics, for determining underserved groups and for determining underserved specialties.
The Commissioner of Agriculture, Food and Rural Resources shall develop rules for the determination of insufficient veterinary
services. The rules authorized by this section must be adopted in accordance with Title 5, chapter 375, subchapter II.
[1991, c. 830, §4 (new); c. 832, §10 (new); 2003, c. 689, Pt. B, §7 (rev).]
Section History:
PL 1991,
Ch. 830,
§4
(NEW).
PL 1991,
Ch. 832,
§10
(NEW).
PL 2003,
Ch. 689,
§B7
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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