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42 U.S.C. § 254h–1Facilitation of effective provision of Corps services

submitted 82 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,189 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law directs the Secretary to help Corps members succeed and stay in shortage areas through smart assignments, counseling, training grants, professional development, and temporary relief from duty. It also requires research into what makes members and shortage areas more likely to keep members after their service ends.

(a) Consideration of individual characteristics of members in making assignments: When the Secretary assigns a Corps member to an entity approved under section 254f, the Secretary must try to pick a member (and, if married, whose spouse) whose personal traits make it more likely they'll stay in that shortage area after their Corps service ends. This must still follow the assignment rules in section 254f–1. (b) Counseling on service in Corps: (1) The Secretary must offer proper counseling to Corps members throughout their membership, especially early in each assignment. (2) For people who signed Scholarship or Loan Repayment Program contracts, this counseling must also cover matters specific to their service obligation, and the Secretary must make career advisors available to them the whole time they're in the program. For Scholarship Program participants specifically, counseling must also happen while they're still in school, to help prepare them for Corps service. (3) For Scholarship or Loan Repayment participants, this counseling must continue throughout their whole obligated-service period (and, for Scholarship participants, through school too). For Corps members generally, it must happen "to the extent practicable" — as much as reasonably possible. (c) Grants regarding preparation of students for practice: For people with Scholarship or Loan Repayment Program contracts, the Secretary may give grants to, or contract with, public and nonprofit private groups (including health schools) to run programs that prepare these individuals to actually deliver primary health care in the shortage areas they'll be assigned to. (d) Professional development and training: (1) The Secretary must help Corps members build and keep professional relationships and development opportunities, including by (A) connecting the member with the local health professions community; (B) setting up professional development, training, and mentoring links to the wider health professions community — including distance learning, direct mentoring, and training modules for members working offsite; (C) building networks among Corps members; or (D) other development, mentoring, or training activities the Secretary chooses. (2) In doing this, the Secretary must focus on building relationships with hospitals, academic medical centers, health professions schools, area health education centers, and health education and training centers — including help getting faculty appointments at health schools. (3) These efforts must add to, not replace, what professional health societies already do on their own to build these relationships. (e) Temporary relief from Corps duties: (1) The Secretary must help Corps members arrange temporary relief from their duties — to pursue continuing education, join exchange programs with teaching centers, attend conferences, or pursue other interests, including vacations. (2)(A) This relief can only happen if another health professional takes over the member's duties — either another Corps member, or an outside health professional the Secretary approves. Any approved outside professional is treated as a Corps member (for liability protection under section 233, for section 254f(f), and for section 254h(e)) while covering those duties. (B) The Secretary must help form and maintain a standing group of health professionals available to provide this kind of coverage. (3) The Secretary must also (A) encourage non-Corps health professionals to sign up to temporarily cover Corps members' duties, and (B) encourage the entities that host Corps members to help set up these coverage arrangements. (4) Except as allowed under paragraph (5), the Secretary generally cannot spend money (beyond small incidental expenses) to pay a covering professional's compensation or to pay for a member's vacation or other personal interests during this relief time. (5) But if a Corps member is the only provider of health services in their area, the Secretary can use money appropriated under section 254k to cover whatever costs are necessary to give that member temporary relief. (f) Determinations regarding effective service: In carrying out subsection (a) and related provisions in sections 254l(d) and 254l–1(d), the Secretary must study and determine: (1) what traits make physicians, dentists, and other health professionals more likely to keep practicing in shortage areas after their Corps service ends; (2) what traits make shortage areas and hosting entities more likely to keep Corps members after their service ends; and (3) the right conditions for assigning and using certified nurse practitioners, certified nurse midwives, and physician assistants in shortage areas.
the actual law source: uscode.house.gov ↗public domain
(a) Consideration of individual characteristics of members in making assignments

In making an assignment of a Corps member to an entity that has had an application approved under section 254f of this title, the Secretary shall, subject to making the assignment in accordance with section 254f–1 of this title, seek to assign to the entity a Corps member who has (and whose spouse, if any, has) characteristics that increase the probability that the member will remain in the health professional shortage area involved after the completion of the period of service in the Corps.

(b) Counseling on service in Corps
(1) In general

The Secretary shall, subject to paragraph (3), offer appropriate counseling on service in the Corps to individuals during the period of membership in the Corps, particularly during the initial period of each assignment.

(2) Career advisor regarding obligated service
(A)

In the case of individuals who have entered into contracts for obligated service under the Scholarship or Loan Repayment Program, counseling under paragraph (1) shall include appropriate counseling on matters particular to such obligated service. The Secretary shall ensure that career advisors for providing such counseling are available to such individuals throughout the period of participation in the Scholarship or Loan Repayment Program.

(B)

With respect to the Scholarship Program, counseling under paragraph (1) shall include counseling individuals during the period in which the individuals are pursuing an educational degree in the health profession involved, including counseling to prepare the individual for service in the Corps.

(3) Extent of counseling services

With respect to individuals who have entered into contracts for obligated service under the Scholarship or Loan Repayment Program, this subsection shall be carried out regarding such individuals throughout the period of obligated service (and, additionally, throughout the period specified in paragraph (2)(B), in the case of the Scholarship Program). With respect to Corps members generally, this subsection shall be carried out to the extent practicable.

(c) Grants regarding preparation of students for practice

With respect to individuals who have entered into contracts for obligated service under the Scholarship or Loan Repayment Program, the Secretary may make grants to, and enter into contracts with, public and nonprofit private entities (including health professions schools) for the conduct of programs designed to prepare such individuals for the effective provision of primary health services in the health professional shortage areas to which the individuals are assigned.

(d) Professional development and training
(1) In general

The Secretary shall assist Corps members in establishing and maintaining professional relationships and development opportunities, including by—

(A)

establishing appropriate professional relationships between the Corps member involved and the health professions community of the geographic area with respect to which the member is assigned;

(B)

establishing professional development, training, and mentorship linkages between the Corps member involved and the larger health professions community, including through distance learning, direct mentorship, and development and implementation of training modules designed to meet the educational needs of offsite Corps members;

(C)

establishing professional networks among Corps members; or

(D)

engaging in other professional development, mentorship, and training activities for Corps members, at the discretion of the Secretary.

(2) Assistance in establishing professional relationships

In providing such assistance under paragraph (1), the Secretary shall focus on establishing relationships with hospitals, with academic medical centers and health professions schools, with area health education centers under section 294a of this title, with health education and training centers under section 294b 1 of this title, and with border health education and training centers under such section 294b 1 of this title. Such assistance shall include assistance in obtaining faculty appointments at health professions schools.

(3) Supplement not supplant

Such efforts under this subsection shall supplement, not supplant, non-government efforts by professional health provider societies to establish and maintain professional relationships and development opportunities.

(e) Temporary relief from Corps duties
(1) In general

The Secretary shall, subject to paragraph (4), provide assistance to Corps members in establishing arrangements through which Corps members may, as appropriate, be provided temporary relief from duties in the Corps in order to pursue continuing education in the health professions, to participate in exchange programs with teaching centers, to attend professional conferences, or to pursue other interests, including vacations.

(2) Assumption of duties of member
(A)

Temporary relief under paragraph (1) may be provided only if the duties of the Corps member involved are assumed by another health professional. With respect to such temporary relief, the duties may be assumed by Corps members or by health professionals who are not Corps members, if the Secretary approves the professionals for such purpose. Any health professional so approved by the Secretary shall, during the period of providing such temporary relief, be deemed to be a Corps member for purposes of section 233 of this title (including for purposes of the remedy described in such section), section 254f(f) of this title, and section 254h(e) of this title.

(B)

In carrying out paragraph (1), the Secretary shall provide for the formation and continued existence of a group of health professionals to provide temporary relief under such paragraph.

(3) Recruitment from general health professions community

In carrying out paragraph (1), the Secretary shall—

(A)

encourage health professionals who are not Corps members to enter into arrangements under which the health professionals temporarily assume the duties of Corps members for purposes of paragraph (1); and

(B)

with respect to the entities to which Corps members have been assigned under section 254f of this title, encourage the entities to facilitate the development of arrangements described in subparagraph (A).

(4) Limitation

In carrying out paragraph (1), the Secretary may not, except as provided in paragraph (5), obligate any amounts (other than for incidental expenses) for the purpose of—

(A)

compensating a health professional who is not a Corps member for assuming the duties of a Corps member; or

(B)

paying the costs of a vacation, or other interests that a Corps member may pursue during the period of temporary relief under such paragraph.

(5) Sole providers of health services

In the case of any Corps member who is the sole provider of health services in the geographic area involved, the Secretary may, from amounts appropriated under section 254k of this title, obligate on behalf of the member such sums as the Secretary determines to be necessary for purposes of providing temporary relief under paragraph (1).

(f) Determinations regarding effective service

In carrying out subsection (a) and sections 254l(d) and 254l–1(d) of this title, the Secretary shall carry out activities to determine—

(1)

the characteristics of physicians, dentists, and other health professionals who are more likely to remain in practice in health professional shortage areas after the completion of the period of service in the Corps;

(2)

the characteristics of health manpower shortage areas, and of entities seeking assignments of Corps members, that are more likely to retain Corps members after the members have completed the period of service in the Corps; and

(3)

the appropriate conditions for the assignment and utilization in health manpower shortage areas of certified nurse practitioners, certified nurse midwives, and physician assistants.

Source credit: (July 1, 1944, ch. 373, title III, § 336, as added Pub. L. 97–35, title XXVII, § 2706(b), Aug. 13, 1981, 95 Stat. 907; amended Pub. L. 100–177, title II, § 202(d), Dec. 1, 1987, 101 Stat. 997; Pub. L. 101–597, title I, § 107, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3018, 3035; Pub. L. 107–251, title III, § 307(a), Oct. 26, 2002, 116 Stat. 1649; Pub. L. 110–355, § 3(d), Oct. 8, 2008, 122 Stat. 3993.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 97-35 · 95 Stat. 907
  • 1987Amended · Pub. L. 100-177 · 101 Stat. 997
  • 1990Amended · Pub. L. 101-597 · 104 Stat. 3018, 3035
  • 2002Amended · Pub. L. 107-251 · 116 Stat. 1649
  • 2008Amended · Pub. L. 110-355 · 122 Stat. 3993

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1944-07-01.

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