macy", "school of optometry", "school of podiatry", "school of veterinary medicine", and "school of public health" mean a school which provides training leading, respectively, to a degree of doctor of medicine, a degree of doctor of dentistry or an equivalent degree, a degree of doctor of osteopathy, a degree of bachelor of science in pharmacy or doctor of pharmacy, a degree of doctor of optometry or an equivalent degree, a degree of doctor of podiatry or doctor or surgical chiropody, a degree of doctor of veterinary medicine or an equivalent degree, and a graduate degree in public health, and including advanced training related to such training provided by any such school; and (5) The term "school of nursing" means a department, school, division, or other administrative. unit, in a college or university, which provides, primarily or exclusively, a program of education in professional nursing and allied subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of nursing, or other baccalaureate degree of equivalent rank; or to a graduate degree in nursing. NATIONAL ADVISORY COUNCIL ON EDUCATION FOR HEALTH SEC. 725. (a) 79 There is hereby established in the Public Health Service a National Advisory Council on Education for Health Professions, consisting of the Surgeon General of the Public Health Service, who shall be Chairman, and the Commissioner of Education, both of whom shall be ex officio members, and seventeen members appointed by the Secretary without regard to the civil service laws. Four of the appointed members shall be selected from the general public and thirteen shall be selected from among leading authorities in the fields of higher education, at least nine of whom are particularly concerned with training in medicine, dentistry, osteopathy, pharmacy, optometry, podiatry, veterinary medicine, or the public health professions. In selecting persons for appointment to the Council, consideration shall be given to such factors, among others, as (1) experience in the planning, constructing, financing, or administration of schools of medicine, dentistry, osteopathy, pharmacy, optometry, podiatry, veterinary medicine, or schools of public health, and (2) familiarity with the need for teaching facilities in all areas of the Nation. (b) The Council shall advise the Surgeon General in the preparation of general regulations and with respect Sec. 725 (a) amended by sec. (c) of P.L. 90-174. Sec. 131 of P.L. 90-490 states that the Secretary shall, in consultation with the Advisory Councils established by secs. 725 and 774, prepare, and submit to the President and the Congress prior to July 1, 1970, a report on the administration of pts. B, C, E, and F of title VII of the Public Health Service Act, an appraisal of the programs under such parts in the light of their adequacy to meet the long-term needs for health professionals, and his recommendations as a result thereof. 42 U.S.C. 293e 42 U.S.C. 293f 42 U.S.C. 293g 42 U.S.C. 293h to policy matters arising in the administration of this part, and in the review of applications thereunder. (c) The Surgeon General is authorized to use the services of any member or members of the Council in connection with matters related to the administration of this part, for such periods, in addition to conference periods, as he may determine. The Surgeon General shall, in addition, make appropriate provision for consultation between and coordination of the work of the Council and the National Advisory Council on Health Research Facilities with respect to matters bearing on the purposes and administration of this part. (d) 80 Appointed members of the Council, while attending conferences or meetings of the Council or while otherwise serving at the request of the Surgeon General, shall be entitled to receive compensation at a rate to be fixed by the Secretary but not exceeding $100 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. NONINTERFERENCE WITH ADMINISTRATION OF INSTITUTIONS SEC. 726. Nothing contained in this part shall be construed as authorizing any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over, or impose any requirement or condition with respect to, the personnel, curriculum, methods of instruction, or administration of any institution. REGULATIONS SEC. 727. (a) The Surgeon General, after consultation with the Council and with the approval of the Secretary, shall prescribe general regulations for this part covering the eligibility of institutions, the order of priority in approving applications, the terms and conditions for approving applications, determinations of the amounts of grants, and minimum standards of construction and equipment for various types of institutions. (b) The Surgeon General is authorized to make, with the approval of the Secretary, such other regulations as he finds necessary to carry out the provisions of this part. TECHNICAL ASSISTANCE SEC. 728.81 In carrying out the purposes of this part, and to further the development of State, or joint or co So Sec. 725 (d) amended by sec. 3(a) of P.L. 89-751. 81 Sec. 3(a) of P.L. 88-581, amended sec. 728, by deleting "nursing". ordinated regional or other interstate, planning of programs for relieving shortages of training capacity in the fields of medicine, dentistry, osteopathy, pharmacy, optometry, podiatry, and public health, through constructing teaching facilities, providing adequate financial support for schools, or otherwise, the Surgeon General is authorized to provide technical assistance and consultative services to State or interstate planning agencies established for any of such purposes. PART C-STUDENT LOANS LOAN AGREEMENTS SEC. 740. (a) 82 The Secretary of Health, Education, and Welfare is authorized to enter into an agreement for the establishment and operation of a student loan fund in accordance with this part with any public or other nonprofit school of medicine, osteopathy, dentistry, pharmacy, podiatry, optometry, or veterninary medicine which is located in a State and is accredited as provided in section 721 (b) (1) (B). (b) 83 Each agreement entered into under this section. shall (1) provide for establishment of a student loan fund by the school; (2) provide for deposit in the fund, except as provided in section 746, of (A) 84 the Federal capital contributions to the fund, (B) 85 an amount equal to not less than one-ninth of such Federal capital contributions, contributed by such institution, (C) collections of principal and interest on loans made from the fund, (D) se collections pursuant to section 741(j), and (E) any other earnings of the fund; (3) provide that the fund, except as provided in section 746, shall be used only for loans to students of the school in accordance with the agreement and for costs of collection of such loans and interest thereon: (4) 87 provide that loans may be made from such funds only to students pursuing a full-time course. 82 Secs. 740 (a) and (b) (4) amended by secs. 3 (a) and (b), respectively, of P.L. 89-709. Secs. 740 (b) (2) (A) and (B) amended by sec. 5(c) (1) of P.L. 89-751. (a) Sec. 5(d)(1) of P.L. 89-751 to "*** be effective in the case of payments to student loan funds made after the enactment of this Act, except in the case of payments pursuant to commitments (made prior to enactment of this Act) to make loans under section 744 of the Public Health Service Act as in effect prior to the enactment of this Act." (b) Sec. 5(d) (2) of P.L. 89-751, to authorize the Secretary of Health, Education, and Welfare," at the request of any institution, to take such steps as are necessary to convert a Federal capital contribution (which shall include the amount allocated to it under section 740 (b) (2)(A) of the Public Health Service Act) to a student loan fund of such institution, made under title VII of the Public Health Service Act from funds appropriated pursuant thereto for the fiscal year ending June 30, 1967, to a loan under section 744 of such Act as amended by this Act." Subsecs. 740 (b) (2) and (3) amended by addition of clause set off by commas by sec. 121(a)(1) of P.L. 90-490. These amendments shall be effective for appropriations after June 30, 1969. Subsec. 740 (b) (2) (D) amended by subsec. 121 (a) (5) (B) of P.L. 90-490, effective with respect to loans made after June 30, 1969. * Subsec. 740 (b) (4) amended by subsec. 121(a)(2) of P.L. 90-490. 42 U.S.C. 294 42 U.S.C. 294a of study at the school leading to a degree of doctor of medicine, doctor of dentistry or an equivalent degree, doctor of osteopathy, batchelor of science in pharmacy or doctor of pharmacy, doctor of podiatry or doctor of surgical chiropody, doctor of optometry or an equivalent degree, or doctor of veterinary medicine or an equivalent degree, and that while the agreement remains in effect no such student who has attended such school before July 1, 1971, shall receive a loan from a loan fund established under section 204 of the National Defense Education Act of 1958; and (5) contain such other provisions as are necessary to protect the financial interests of the United States. 88 LOAN PROVISIONS SEC. 741. (a) 8s Loans from a loan fund established under this part may not exceed $2,500 for any student for any academic year or its equivalent. In the granting of such loans, a school shall give preference to persons who enter as first-year students after June 30, 1963. (b) 89 Any such loans shall be made on such terms and conditions as the school may determine, but may be made only to a student in need of the amount thereof to pursue a full-time course of study at the school leading to a degree of doctor of medicine, doctor of dentistry or an equivalent degree, doctor of osteopathy, bachelor of science in pharmacy or doctor of pharmacy, doctor of podiatry or doctor of surgical chiropody, doctor of optometry or an equivalent degree, or doctor of veterinary medicine or an equivalent degree. (c) 90 Such loans shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the ten-year period which begins one year after the student ceases to pursue a full-time course of study at a school of medicine, osteopathy, dentistry, pharmacy, podiatry, optometry, or veterinary medicine, excluding from such ten-year period all periods (up to three years) of (1) active duty performed by the borrower as a member of a uniformed service, or (2) service as a volunteer under the Peace Corps Act: and periods (up to five years) of advanced professional training including internships and residences. (d) The liability to repay the unpaid balance of such a loan and accrued interest thereon shall be canceled upon the death of the borrower, or if the Secretary determines that he has become permanently, and totally disabled. 88 Sec. 741 (a) amended by sec. 4(b) (1) of P.L. 89–290. 00 Sec. 741(c) amended to read "one year" instead of "three years" by subsec. 121(a)(3) of P.L. 90-490. Last clause of 741 (c) added by subsec. 121(a) (3). These amendments shall apply (1) with respect to all loans made under an agreement under pt. (C) of title VII of the Public Health Service Act after June 30, 1969, and (2) with respect to loans made thereunder before July 1, 1969. to the extent agreed to by the school which made the loans and the Secretary (but, then, only as to years beginning after June 30, 1969). (e) 91 Such loans shall bear interest, on the unpaid balance of the loan, computed only for periods for which the loan is repayable, at the rate of 3 per centum per year. (f) 92 Where any person who obtained one or more loans from a loan fund established under this part (1) engages in the practice of medicine, dentistry, optometry, or osteopathy in an area in a State determined by the appropriate State health authority, in accordance with regulations provided by the Secretary, to have a shortage of and need for physicians, optometrists or dentists; and (2) the appropriate State health authority certifies to the Secretary of Health, Education, and Welfare in such form and at such times as the Secretary may prescribe that such practice helps to meet the shortage of and need for physicians, optometrists or dentists in the area where the practice occurs; then 10 per centum of the total of such loans, plus accrued interest on such amount, which are unpaid as of the date that such practice begins, shall be canceled thereafter for each year of such practice, up to a total of 50 per centum of such total, plus accrued interest thereon. In the case of a physician, dentist, or optometrist, the rate shall be 15 per centum (rather than 10 per centum) for each year of such practice in an area in a State which for purposes of this subsection and for that year has been determined by the Secretary, pursuant to regulations and after consultation with the appropriate State health authority, to be a rural area characterized by low family income; and, for the purpose of any cancellation pursuant to this sentence, an amount equal to an additional 50 per centum of the total amount of such loans plus interest may be canceled. (g) 93 Loans shall be made under this part without security or endorsement, except that if the borrower is a minor and the note or other evidence of obligation executed by him would not, under the applicable law, create a binding obligation, either security or endorsement may be required. (h) No note or other evidence of a loan made under this part may be transferred or assigned by the school making the loan except that, if the borrower transfers to another school participating in the program under this part, such note or other evidence of a loan may be transferred to such other school. 91 Sec. 741 (e) amended by deletion of several sentences by subsec. 121(a) (4) of P.L. 90-490, effective with respect to loans made after June 30, 1969. Sec. 741 (f) amended by sec. 4(a) of P.L. 89-751. These subsections, formerly (f) and (g), were redesignated by subsec. 4(b) (2) of P.L. 89-290. |