Ga. Comp. R. & Regs. R. 195-11-.01 - General Definitions
(1) "Georgia Board of Health Care Workforce"
means the organization and its office created under O.C.G.A. §
20-3-510 et seq. and authorized to
administer a medical scholarship program.
(2) "Scholarship Program" refers to that
program of the Georgia Board of Health Care Workforce authorized under O.C.G.A.
§
20-3-512 et seq., which awards
financial scholarships to medical students who, in return, agree to become
practicing physicians in rural areas of Georgia.
(3) "Scholarship Contract" refers to the
legally binding agreement between Georgia Board of Health Care Workforce and
the medical student recipient.
(4)
"Scholarship Award" means the amount of state appropriated funds available to
be awarded through contracts between the Georgia Board of Health Care Workforce
and medical student recipients.
(5)
"Bona fide Citizen of the United States and Legal Resident of Georgia" refers
to, as minimum qualification, any eligible applicant for scholarship funds who
is a citizen of the United States and who has established residence in the
State of Georgia. Residence is verified by submission of a Certification of
Residency form duly executed by the Clerk of Court in the county of the
applicant's legal Georgia residence.
(6) "Eligible and Qualified Student" refers
to any bona fide citizen of the United States and Georgia resident who has been
accepted into an accredited medical school seeking either the degree of Doctor
of Medicine (M.D.) or Doctor of Osteopathy (D.O.).
(7) "Scholarship Recipient" refers to an
applicant who has received and accepted the award of a scholarship and signed a
contract and other required documents agreeing to practice such specialty in a
rural location in Georgia, as approved by the Board.
(8) "Medical School" means an institution of
medical education located in the United States that has received accreditation
or provisional accreditation by the Liaison Committee on Medical Education
(LCME) or the Bureau of Professional Education of the American Osteopathic
Association (AOA) for a program in medical education designed to qualify the
graduate for licensure by the Georgia Composite Medical Board.
(9) "Service Obligation" means the period of
service completed by the scholarship recipient in a practice location approved
by the Board in a rural area of Georgia or in a designated state facility as
required under the provisions of the scholarship contract. The service
obligation must begin within ninety (90) days of the completion of an
accredited graduated medical education program.
(10) "Strong Commitment" means evidence from
interviews and personal statements, or other instruments that the Board, in its
sole judgment, deems to be predictive of the student's future practice of
medicine in a rural community in Georgia.
(11) "Approved Practice Location" means the
Board has approved a practice location for service repayment for the primary
care specialties of family medicine, general internal medicine, and general
pediatrics in a rural county in Georgia of 50,000 population or less according
to the United States decennial census of 2010 or any future such census, or in
an area of this state which is rural and underserved by primary care physicians
as determined by the Board, or a hospital or facility operated by or under the
jurisdiction of the Department of Public Health, or a facility operated by or
under the jurisdiction of the Department of Corrections, or a facility operated
by or under the jurisdiction of the Department of Juvenile Justice or a
facility operated by or under the jurisdiction of the Department of Behavioral
Health and Developmental Disabilities. Facilities falling under jurisdiction of
the mentioned state agencies must include physician employment by approved
agency or, in the case of contracted employment, the physician must be treating
patients of the approved agency with equal provisions given to that agency's
missions.
(12) "Underserved and
Rural Area for the primary care specialty of Obstetrics/Gynecology and other
critical need specialties" is defined as a regional area composed of counties
located in rural Georgia where an unmet need for physicians in the primary care
specialty of Obstetrics/Gynecology and other critical needs specialties exists
as determined by the Georgia Board of Health Care Workforce and approved by the
commissioners of Community Health and Public Health.
(13) "Census Count" means the population
figures published by the United States Decennial Census of the United States
Bureau of the Census. For Scholarship Agreements signed during the period of
January 1, 2011 through December 31, 2020, the 2010 Census Count shall serve as
the authority for populations regarding eligibility of practice locations. For
Scholarship Agreements signed during the period of January 1, 2001 through
December 31, 2010, the 2000 Census Count shall serve as the authority for
populations regarding eligibility of practice locations. For Scholarship
Agreements signed during the period of January 1, 1991 through December 31,
2000, the 1990 Census Count shall serve as the authority for populations
regarding eligibility of practice locations.
(14) "Contract Renewal" means the yearly
renewal of the scholarship contract between the recipient and the Board
provided the recipient is not repeating coursework. The contract shall not be
renewed more than three times for a total of four years of medical school
obligation. The contract shall not be renewed if the recipient fails to submit
the Annual Report by June 15th of each year.
(15) "Annual Report" means a report the
recipient must provide each year by the deadline as designated by the Board.
The contract will not be renewed if the scholarship recipient fails to submit
the Annual Report by the due date. The Annual Report must include:
(a) Name
(b) Address
(c) Enrollment status and verification of
good academic standing at the medical school
(d) Graduation date
(e) Official Transcript from Medical
School
(f) Continued interest and
recommitment to rural practice
(16) "Board Approval" refers to the action of
the Board on matters including, but not limited to:
(a) Practice Location
(b) Deferment of Contractual Obligation for:
1. Medical school enrollment beyond four
years
2. Relinquishing scholarship
award; declining scholarship funds
3. Chief resident year
4. Additional Graduate Medical Education
training beyond the initial residency
5. Special deferment requests approved on a
case by case basis by the Board.
(17) "Award Amount" refers to the annual
award provided to a scholarship recipient. At its annual meeting, the Georgia
Board of Health Care Workforce may, within its discretion, set the award amount
for new scholarships within the limit of funds appropriated by the General
Assembly for the fiscal year. Students whose applications are approved shall
receive a loan or scholarship in an amount to be determined by the Board to
defray the tuition and other expenses of the applicant in an accredited medical
school in the United States which has received accreditation or provisional
accreditation by the Liaison Committee on Medical Education or the Bureau of
Professional Education of the American Osteopathic Association for a program in
medical education designed to qualify the graduate for licensure by the Georgia
Composite Medical Board. Said amount shall be set forth in the official minutes
of the Board.
(18) "Interest"
refers to the rate of interest, as it applies to default in the event the
scholarship recipient does not complete a medical degree or is unable to obtain
licensure from the Georgia Composite Medical Board. The Board shall set the
interest rate at its annual meeting and the interest shall be no less than
twelve percent (12%) per annum compounded annually to the date the scholarship
or loan is paid in full; provided, however, that the Board may consent to or
agree to a lesser measure of damages for compelling reasons as determined by
the Board.
(19) "Internship" means
the first year of post-graduate medical training after recipient obtains an
osteopathic medical school degree. The official use of the terms "intern" and
"internship" was discontinued in allopathic medical education in 1976 in favor
of referring to all physicians enrolled in graduate medical education programs
as "residents."
(20) "Residency
Training and Graduate Medical Education" means an Accreditation Council on
Graduate Medical Education (A.C.G.M.E.) or American Osteopathic Association
(A.O.A.) accredited education program after graduation from medical school that
provides resident physicians, under supervision, with the practice experience,
knowledge and skills necessary to become independent practitioners in a
specified area of medical practice.
(21) "Metropolitan Statistical Areas (MSAs)"
refers to those Georgia counties that the Board will not approve for service
repayment for contracts written July 1, 1992 through June 30, 1999 by virtue of
being deemed by the Board as not rural.
(22) "Residency or Graduate Medical
Education" refers to those graduate medical education training programs, which
lead to board certification in specialties most often recruited and retained in
rural areas of Georgia. For scholarship recipients receiving the initial award
after July 1, 2014, such specialties are limited to: Family Medicine, General
Internal Medicine, and General Pediatrics. State General Appropriations will be
used to fund scholarships for these specialties only.
(23) "Default" means breach of contract by
the recipient.
(24) "Ad Damnum or
Triple Damages" refers to the penalty resulting from a scholarship recipient
defaulting on the contractual service obligation. Default requires immediate
repayment of triple the total principal amount received less any pro-rated
amount for repaid service as provided in the contract. The Board may consent or
agree to a lesser measure of damages as determined by the Board.
(25) "Student Default" refers to scholarship
recipients who are dismissed for either academic or disciplinary reasons from
the college or school of medicine he or she is attending; voluntarily
terminates his or her training and education in such institution for any reason
prior to completion of training; or are unable to obtain licensure from the
Georgia Composite Medical Board to practice medicine. These persons are
immediately liable to the Board for all sums advanced with interest at the
minimum rate of 12 percent per annum from the date of each payment by the Board
and compounded annually to the date the scholarship or loan is paid in full;
provided, however, that the Board may consent or agree to a lesser measure of
damages for compelling reasons as determined by the Board.
(26) "Cancellation of Contract" refers to the
discretionary power of the Georgia Board of Health Care Workforce to cancel any
contract for cause deemed sufficient by the Board, provided such authority is
not exercised unreasonably or arbitrarily.
(27) "Full Time" refers to the minimum number
of hours of work required per week to fulfill service obligation. Full time is
considered at least 32 clinical hours providing direct patient care during
normal clinic hours at the approved practice site. Remaining hours must be
spent providing inpatient care to patients and/or in practice-related
administrative activities. On-call hours are not considered part of the full
time requirement. Full time hours for an OBGYN or Family Medicine physicians
who practice OB are considered at least 21 of the minimum 40 hours work week
must be spent providing direct patient care during normal clinic hours at the
approved practice site. The remaining hours must be spent providing inpatient
care to patients of the approved site, and/or in practice related
administrative activities not to exceed 8 hours per week. 40 hours per week for
General Surgery is combined clinical/office hours and surgery/inpatient care
with no more than 8 hours per week devoted to practice related administrative
duties. For all specialties employed under state jurisdiction, the full time
equivalent as recognized by the respective state or federal agency is
acceptable. No more than 7 weeks (35 workdays) per year can be spent away from
the practice for vacation, holidays, continuing professional education, illness
or any other reason. Absences greater than 7 weeks in a service year will
extend the service commitment.
(28)
"Practice" refers to providing direct patient care in Board approved rural and
underserved areas located within the State of Georgia.
(29) "Direct Patient Care" refers to hands
on, face-to-face contact with patients for the purpose of diagnosis, treatment
and monitoring.
(30) "Inability to
Obtain License to Practice Medicine in Georgia" refers to failing to complete
the Steps 1, 2 (clinical skills and clinical knowledge components) and 3 of the
United States Medical Licensing Examination (USMLE) or Levels 1, 2 (cognitive
evaluation and performance evaluation components), and 3 of the Comprehensive
Osteopathic Medical Licensing Examination (COMLEX) by the time the scholarship
recipient completes their primary care residency training program.
(31) "Compelling reasons" refers to
conditions such as a life threatening illness or loss of ability to practice
medicine or to be gainfully employed due to illness or accident. The Board may
consent to a lesser measure of damages for compelling reasons.
Notes
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