§ 254d. National Health Service Corps

Footnotes

1. 1 See Change of Name note below.
2. 2 See References in Text note below.
3. 3 So in original. The word “the” probably should appear.
4. 4 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1944

   Health Professions Educational Assistance Act of 1976

   Pub. L. 94–484 title IV § 407(b)(3) · 90 Stat. 2243

   Enacted · 42 U.S.C. § 254d

   July 1, 1944, ch. 373, title III, § 331, as added Pub. L. 94–484, title IV, § 407(b)(3), Oct. 12, 1976, 90 Stat. 2268

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title III, § 331, as added Pub. L. 94–484, title IV, § 407(b)(3), Oct. 12, 1976, 90 Stat. 2268

   Enacted provision · exact public law section
   (3) by inserting immediately after section 330 the following new subpart: “Subpart II— National Health Service Corps Program “Sec. 331. “national health service corps (a) There is established, within the Service, the National Health Service Corps (hereinafter in this subpart referred to as the ‘Corps’) which (1) shall consist of such officers of the Regular and Reserve Corps of the Service and such civilian personnel as the Secretary may designate (such officers and personnel hereinafter in this subpart referred to as ‘Corps members’) and (2) shall be utilized by the Secretary to improve the delivery of health services in health manpower shortage areas as defined in section 332(a). “(b) The Secretary shall conduct at schools of medicine, osteopathy, dentistry, and, as appropriate, nursing and other schools of the health professions and at entities which train allied health personnel, recruiting programs for the Corps and the Scholarship Program. “(c) The Secretary may reimburse applicants for positions in the Corps for actual and reasonable expenses incurred in traveling to and from their places of residence to a health manpower shortage area (designated under section 332) in which they may be assigned for the purpose of evaluating such area with regard to being assigned in such area. The Secretary shall not reimburse an applicant for more than one such trip. “(d) (1) The Secretary may, under regulations promulgated by the Secretary, adjust the monthly pay of each member of the Corps who is directly engaged in the delivery of health services in a health manpower shortage area as follows: “(A) During the first 36 months in which such a member is so engaged in the delivery of health services, his monthly pay shall be increased by an amount (not to exceed $1,000) which when added to the member’s monthly pay and allowances will provide a monthly income competitive with the average monthly income from a practice of an individual who is a member of the profession of the Corps member, who has equivalent training, and who has been in practice for a period equivalent to the period during which the Corps member has been in practice. “(B) During the period beginning upon the expiration of the 36 months referred to in subparagraph (A) and ending with the month in which the member’s monthly pay and allowances are equal to or exceed the monthly income he received for the last of such 36 months, the member shall receive in addition to his monthly pay and allowances an amount which when added to such monthly pay and allowances equals the monthly income he received for such last month. “(C) For each month in which a member is directly engaged in the delivery of health services in a health manpower shortage area in accordance with an agreement with the Secretary entered into under section 741(f)(1)(C). under which the Secretary 42 USC 294a. is obligated to make payments in accordance with section 741(f)(2), the amount of any monthly increase under subparagraph (A) or (B) with respect, to such member shall be decreased by an amount equal to one-twelfth of the amount which the Secretary is obligated to pay upon the completion of the year of practice in which such month occurs. For purposes of subparagraphs (A) and (B), the term ‘monthly pay’ “Monthly pay.” includes special pay received under chapter 5 of title 37 of the United States Code. 37 USC 301 et seq. “(2) In the case of a member of the Corps who is directly engaged in the delivery of health services in a health manpower shortage, area in accordance with a service obligation incurred under the Scholarship Program, the adjustment in pay authorized by paragraph (1) may be made for such a member only upon satisfactory completion of such service obligation, and the first 36 months of such member’s being so engaged in the delivery of health services shall, for purposes of paragraph (1)(A), be deemed to begin upon such satisfactory completion. “(e) Corps members assigned under section 333 to provide health services in health manpower shortage areas shall not be counted against any employment ceiling affecting the Department. “(f) Sections 214 and 216 shall not apply to members of the National 42 USC 215, 217. Health Service Corps during their period of obligated service under the Scholarship Program. “(g) The administrative unit which administers section 770— Post, p. 2290. “(1) shall participate in the development of regulations, guidelines, funding priorities, and application forms, and “(2) shall be consulted by, and may make recommendations to, the Secretary in the review of applications and proposals for, and the awarding of, grants and contracts, with respect to the Corps. “(h) For the purposes of this subpart: “(1) The term ‘Department’ means the Department of Health, Education, and Welfare. “(2) The term ‘Scholarship Program’ means the National Health Service Corps Scholarship Program established under section 751. “(3) The term ‘State’ includes, in addition to the several States, only the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. “Sec. 332. “designation of health manpower shortage areas (a) (1) For purposes of this subpart the term ‘health manpower shortage area’ means (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a health manpower shortage, (B) a population group which the Secretary determines has such a shortage, or (C) a public or nonprofit private medical facility or other public facility which the Secretary determines has such a shortage. “(2) For purposes of this subsection, the term ‘medical facility’ means a facility for the delivery of health services and includes— “(A) a hospital, State mental hospital, public health center, outpatient medical facility, rehabilitation facility, facility for long-term care, community mental health center, migrant health center, and community health center; “(B) such a facility of a State correctional institution or of the Indian Health Service; “(C) such a facility used in connection with the delivery of 42 USC 248, 249. 42 USC 250. 42 USC 251. 42 USC 252. 42 USC 253. 42 USC 255. health services under sections 321 (relating to hospitals), 322 (relating to care and treatment of seamen and others), 323 (relating to care and treatment of Federal prisoners), 324 (relating to examination and treatment of certain Federal employees), 325 (relating to examination of aliens), or 326 (relating to services to certain Federal employees), or part D of title III (relating to services for persons with Hansen’s disease); and “(D) a Federal medical facility. “(b) The Secretary shall establish by regulation, promulgated not later than May 1, 1977, criteria for the designation of areas, population groups, medical facilities, and other public facilities, in the States, as health manpower shortage areas. In establishing such criteria, the Secretary shall take into consideration the following: “(1) The ratio of available health manpower to the number of individuals in an area or population group, or served by a medical facility or other public facility under consideration for designation. “(2) Indicators of a need, notwithstanding the supply of health manpower, for health services for the individuals in an area or population group or served by a medical facility or other public facility under consideration for designation, with special consideration to indicators of— “(A) infant mortality, “(B) access to health services, and “(C) health status. “(3) The percentage of physicians serving an area, population group, medical facility, or other public facility under consideration for designation who are employed by hospitals and who are graduates of foreign medical schools. “(c) In determining whether to make a designation, the Secretary Recommendations. shall take into consideration the following: “(1) (A) The recommendations of each health systems agency (designated under section 1515) for a health service area which 42 USC 300l–4. includes all or any part of the area, population group, medical facility, or other public facility under consideration for designation. “(B) The recommendations of the State health planning and development agency (designated under section 1521) if such area, 42 USC 300m. population group, medical facility, or other public facility is within a health service area for which no health systems agency has been designated. “(2) The recommendations of the Governor of each State in which the area, population group, medical facility, or other public facility under consideration for designation is in whole or part located. “(d) In accordance with the criteria established under subsection List, publication. (b) and the considerations listed in subsection (c), the Secretary shall designate, not later than November 1, 1977, health manpower shortage areas in the States, publish a descriptive list of the areas, population groups, medical facilities, and other public facilities so designated, and at least annually review and, as necessary, revise such designations. “(e) Prior to the designation of a public facility, including a Federal Notice. medical facility, as a health manpower shortage area, the Secretary shall give written notice of such proposed designation to the chief administrative officer of such facility and request comments within 30 days with respect to such designation. “(f) The Secretary shall give written notice of the designation of a Notice. health manpower shortage area, not later than 60 days from the date of such designation, to— “(1) the Governor of each State in which the area, population group, medical facility, or other public facility so designated is in whole or part located; “(2) (A) each health systems agency (designated under section 1515) for a health service area which includes all or any part of the area, population group, medical facility, or other public facility so designated; or “(B) the State health planning and development agency of the State (designated under section 1521) if there is a part of such area, population group, medical facility, or other public facility within a health service area for which no health systems agency has been designated; and “(3) appropriate public or nonprofit private entities which are located or which have a demonstrated interest in the area so designated. “(g) Any person may recommend to the Secretary the designation of an area, population group, medical facility, or other public facility as a health manpower shortage area. “(h) The Secretary shall conduct such information programs in areas, among population groups, and in medical facilities and other public facilities designated under this section as health manpower shortage areas as may he necessary to inform public and nonprofit private entities which arc located or have a demonstrated interest in such areas of the assistance available under this title by virtue of the designation of such areas. “Sec. 333. “assignment of corps personnel (a) (1) The Secretary may assign members of the Corps to provide, under regulations promulgated by the Secretary, health services in or to a health manpower shortage area during the assignment period (specified in the agreement described in section 334) only if— “(A) a public or nonprofit private entity, which is located or has a demonstrated interest in such area makes application to the Secretary for such assignment; “(B) such application has been approved by the Secretary; “(C) an agreement has been entered into between the entity which has applied and the Secretary, in accordance with section 334; and “(D) in the case of an application made by an entity which has previously been assigned a Corps member for a health manpower shortage area under an agreement (entered into under section 334) or under section 329 as in effect before October 1, 1977) which has expired, the Secretary has (i) conducted an evaluation of the continued need for health manpower for the area, the use of Corps members previously assigned to the area, community support for the assignment of Corps members to the area, the area’s efforts to secure health manpower for the area, and fiscal management by the entity with respect to Corps members previously assigned and (ii) on the basis of such evaluation has determined that— “(I) there is a continued need for health manpower for the area; “(II) there has been appropriate and efficient use of Corps members previously assigned to the entity for the area; “(III) there is general community support, for the assignment of Corps members to the entity; “(IV) the area has made continued efforts to secure health manpower for the area; and “(V) there has been sound fiscal management, including efficient collection of fee-for-service, third-party, and other appropriate funds, by the entity with respect to Corps members previously assigned to such entity. “(2) Corps members may be assigned to a Federal health care facility, but only upon the request of the head of the department or agency of which such facility is a part. “(b) The Secretary may not approve an application under this section for assignment of a Corps member to a health manpower shortage area unless the Secretary has afforded— “(1) each health systems agency (designated under section 42 USC 300l–4. 1515) for a health service area which includes all or part of the area in which the area, population group, medical facility, or other public facility so designated is located, or “(2) if there is a part of such area, population group, medical facility, or other public facility located within a health service area for which no health systems agency has been designated, the State health planning and development agency (designated under section 1521) of the State in which such part is located, 42 USC 300m. an opportunity to review the application and submit to the Secretary its comments respecting the need for, and proposed use of, the Corps member requested in the application. “(c) In considering, and giving approval to, applications made, under this section for the assignment of Corps members, the Secretary shall— “(1) give priority to an application which provides for the assignment of Corps members to an area, population group, medical facility, or other public facility with the greatest health manpower shortage, as determined under criteria established under section 332(b); “(2) give special consideration to an application which provides for the use of physician assistants, nurse practitioners, or expanded function dental auxiliaries; “(3) take into consideration the willingness of individuals in the area or population group, or at the medical facility or other public facility, and of the appropriate governmental agencies or health entities, to assist and cooperate with the Corps in providing effective health services; and “(4) take into consideration comments of medical, osteopathic, dental, or other health professional societies serving the area, population group, medical facility, or other public facility, or, if no such societies exist, comments of physicians, dentists, or other health professionals serving the area, population group, medical facility, or other public facility. “(d) The Secretary shall assign Corps members to entities in health manpower shortage areas without regard to the ability of the individuals in such areas, population groups, medical facilities, or other public facilities to pay for such services. “(e) In making the assignment of a Corps member to an entity in a health manpower shortage area which has had an application approved under this section, the Secretary shall seek to assign to an area a Corps member who has (and whose spouse, if any, has) those characteristics which are characteristics which increase the probability of the member’s remaining to serve the area upon completion of his assignment period. “(f) (1) The Secretary shall provide technical assistance to a public or nonprofit private, entity which is located or has a demonstrated interest in a health manpower shortage area and which desires to make an application under this section for assignment of a Corps member to such, area. “(2) The Secretary shall provide, to public and nonprofit private entities which are located or have a demonstrated interest in a health manpower shortage area to which area a Corps member has been assigned, technical assistance to assist in the retention of such member in such area after the completion of such member’s assignment to the area. “(3) The Secretary shall provide, to health manpower shortage areas to which no Corps member has been assigned, (A) technical assistance to assist in the recruitment of health manpower for such areas, and (B) current information on public and private programs which provide assistance in the securing of health manpower. “(g) The Secretary shall conduct, or enter into contracts for the Contracts; studies. conduct of, studies of the methods of assignments of Corps members to health manpower shortage areas. Such studies shall include studies of— “(1) the characteristics of physicians, dentists, and other health professionals who are more likely to remain in practice in health manpower shortage areas; “(2) the characteristics, including utilization and reimbursement patterns, of areas which have been able to retain health manpower personnel; and “(3) the appropriate conditions for the assignment and use of nurse practitioners, physician assistants, and expanded function dental auxiliaries in health manpower shortage areas. “(h) Notwithstanding any other law, any member of the Corps licensed to practice medicine, osteopathy, or dentistry in any State shall, while serving in the Corps, be allowed to practice such profession in any State. “Sec. 334. “cost sharing (a) The Secretary shall require, as a condition to the approval of an application under section 333, that the entity which submitted the application enter into an agreement for a specific assignment period (not to exceed 4 years) with the Secretary under which— “(1) the entity shall fie responsible for charging, in accordance with subsection (d), for health services provided by Corps members assigned to the entity; “(2) the entity shall take such action as may be reasonable for the collection of payments for such health services, including, if a Federal agency, an agency of a State or local government, or other third party would be responsible for all or part of the cost of such health services if it had not been provided by Corps members under this subpart, the collection, on a fee-for-service or other basis, from such agency or third party, the portion of such cost for which it would be so responsible (and in determining the amount of such cost which such agency or third party would be responsible, the health services provided by Corps members shall be considered as being provided by private practitioners); “(3) the entity shall pay to the United States, as prescribed by the Secretary in each calendar quarter (or other period as may be specified in the agreement) during which any Corps member is assigned to such entity, the sum of— “(A) the portion of the salary (including amounts paid in accordance with section 331(d)) and allowances of any Corps member received by such member during such calendar quarter (or other period) while such member was assigned to such entity; “(B) for any Corps member assigned to such entity, an amount which bears the same ratio to the amount paid under the Scholarship Program to or on the behalf of such Corps member as the number of days of obligated service provided by such member during such quarter (or other period) bears to the number of days in his period of obligated service under such Program; and “(C) ii such entity received a loan under section 335(c), an amount which bears the same ratio to the amount of such loan as the number of days in such quarter (or other period) during which any Corps members were assigned to the entity bears to the number of days in the assignment period after such entity received such loan; and “(4) the entity shall prepare and submit to the Secretary an annual report, in such form and manner, as the Secretary may require. “(b) (1) The Secretary may waive in whole or in part the application Waiver. of the requirement of subsection (a)(3) for an entity if he determines that the entity is financially unable to meet such requirement or if he determines that compliance with such requirement would unreasonably limit the ability of the entity to provide for the adequate support of the provision of health services by Corps members. “(2) The Secretary may waive in whole or in part the application Waiver. of the requirement of subsection (a)(3) for any entity which is located hi a health manpower shortage area in which a significant percentage of the individuals are elderly, living in poverty, or have other characteristics which indicate an inability to repay, in whole or in part, the amounts required in subsection (a)(3). “(3) In the event that the Secretary grants a waiver under paragraph (1) or (2), the entity shall be required to use the total amount of funds collected by such entity in accordance with subsection (a)(2) for the improvement of the capability of such entity to deliver health services to the individuals in, or served by, the health manpower shortage area. “(c) The excess (if any) of the amount of funds collected by an entity in accordance with subsection (a)(2) over the amount paid to the United States in accordance with subsection (a)(3) shall be used by the entity to expand and improve the provision of health services to the individuals in the health manpower shortage area for which the entity submitted an application or to recruit and retain health manpower to provide health services for such individuals. “(d) Any person who receives health services provided by a Corps member under this subpart shall be charged for such services on a fee-for-service or other basis, at a rate approved by the Secretary, pursuant to regulations. Such rate shall be computed in such a way as to permit the recovery of the value of such services, except that if such person is determined under regulations of the Secretary to be unable to pay such charge, the Secretary shall provide for the furnishing of such services at a reduced rate or without charge. “(e) Funds received by the Secretary under an agreement entered into under this section shall be deposited in the Treasury as miscellaneous receipts and shall be disregarded in determining the amounts of appropriations to be requested and the amounts to be made available from appropriations made under section 338 to carry out this subpart. “Sec. 335. “provision of health services by corps members (a) In providing health services in a health manpower 42 USC 254h. shortage area, Corps members shall utilize the techniques, facilities, and organizational forms most appropriate for the area, population group, medical facility, or other public facility, and shall, to the maximum extent feasible, provide such services (1) to all individuals in, or served by, such health manpower shortage area regardless of their ability to pay for the services, and (2) in connection with (A) direct health services programs carried out by the Service, (B) any other direct health services program carried out in whole or in part with Federal financial assistance, or (C) any other health services activity which is in furtherance of the purposes of this subpart. “(b) (1) Notwithstanding any other provision of law, the Secretary may (A) to the maximum extent feasible make such arrangements as he determines necessary to enable Corps members to utilize the health facilities in or serving the health manpower shortage area in providing health services: (B) make such arrangements as he determines are necessary for the use of equipment and supplies of the Service and for the lease or acquisition of other equipment and supplies; and (C) secure the permanent or temporary services of physicians, dentists, nurses, administrators, and other health personnel. If there are no health facilities in or serving such area, the Secretary may arrange to have Corps members provide health services in the nearest health facilities of the Service or may lease or otherwise provide facilities in or serving such area for the provision of health services. “(2) If the individuals in or served by a health manpower shortage area are being served (as determined under regulations of the Secretary) by a hospital or other health care delivery facility of the Service, the Secretary may, in addition to such other arrangements as he may make under paragraph (1), arrange for the utilization of such hospital or facility by Corps members in providing health services, but only to the extent that such utilization will not impair the delivery of health services and treatment through such hospital or facility to individuals who are entitled to health services and treatment through such hospital or facility. “(c) Tire Secretary may make one loan to any entity with an approved application under section 333 to assist such entity in meeting the costs of (1) establishing medical, dental, or other health profession practices, including the development of medical practice management systems; (2) acquiring equipment for use in providing health services; (3) renovating buildings to establish health facilities; and (4) establishing appropriate continuing education programs. No loan may be made under this subsection unless an application therefor is submitted to, and approved by, the Secretary. The amount of any such loan shall be determined by the Secretary, except that no such loan may exceed $50,000. “(d) Upon the expiration of the assignment of all Corps members to a health manpower shortage area, the Secretary may (notwithstanding any other provision of law) sell, to any appropriate local entity, equipment and other property of the United States utilized by such Fair market value. members in providing health services. Sales made under this subsection shall be made at the fair market value (as determined by the Secretary) of the equipment or such other property; except, that the Secretary may make such sales for a lesser value to an appropriate local entity, if he determines that the entity is financially unable to pay the full market value. “(e) (1) (A) It shall be unlawful for any hospital to deny an authorized physician or dentist member of the Corps admitting privileges when such Corps member otherwise meets the professional qualifications established by the hospital for granting such privileges and agrees to abide by the published bylaws of the hospital and the published bylaws, rules, and regulations of its medical staff. “(B) Any hospital which is found by the Secretary, after notice and an opportunity for a hearing on the record, to have violated this subsection shall upon such finding cease, for a period to be determined by the Secretary, to receive and to be eligible to receive any Federal funds under this Act or under titles XVIII or XIX of the Social 42 USC 1395, 1396.. “Hospital.” Security Act. “(2) For purposes of this subsection, the term ‘hospital’ includes a State, or local public hospital, a private profit hospital, a private non-profit hospital, a general or special hospital, and any other type of hospital (excluding a hospital owned or operated by an agency of the Federal Government), and any related facilities. “Sec. 336. “annual reports The Secretary shall submit an annual report to Congress Report to Congress. 42 USC 254i. on May 1 of each year, and shall include in such report with respect to the previous calendar year— “(1) the number, identity, and priority of all health manpower shortage areas designated in such year and the number of health manpower shortage areas which the Secretary estimates will be designated in the subsequent year; “(2) the number of applications filed under section 333 in such year for assignment of Corps members and the action taken on each such application; “(3) the number and types of Corps members assigned in such year to health manpower shortage areas, the number and types of additional Corps members which the Secretary estimates will be assigned to such areas in the subsequent year, and the need for additional members for the Corps; “(4) the recruitment efforts engaged in for the Corps in such year and the number of qualified individuals who applied for service in the Corps hi such year; “(5) the number of patients seen and the number of patient visits recorded during such year with respect to each health manpower shortage area to which a Corps member was assigned during such year; “(6) the number of Corps members who elected, and the number of Corps members who did not elect, to continue to provide health services in health manpower shortage areas after termination of their service in the Corps and the reasons (as reported to the Secretary) of members who did not elect for not making such election; “(7) the results of evaluations and determinations made under section 333 (a)(1)(D) during such year; and “(8) the amount charged during such year for health services provided by Corps members, the amount which was collected in such year by entities in accordance with agreements under section 334, and the amount which was paid to the Secretary in such year under such agreements. “Sec. 337. “national advisory council (a) There is established a council to be known as the National Advisory Council on the National Health Service Corps. Establishment, members. 42 USC 254j. National Advisory Council on the National Health Service Corps (hereinafter in this section referred to as the ‘Council’). The Council shall be composed of fifteen members appointed by the Secretary as follows: “(1) Four members shall be appointed from the general public to represent the consumers of health care, at least two of whom shall be individuals who are residents of, members of, or served by Corps members assigned to, a health manpower shortage area. “(2) Three members shall be appointed from medical, dental, and other health professions. “(3) One member shall be appointed from a State health planning and development agency (designated under section 1521), 42 USC 300m. one member shall be appointed from a Statewide Health Coordinating 42 USC 300m–3. Council (designated under section 1524), and one member shall be appointed from a health systems agency (designated 42 USC 300l–4. under section 1515). “(4) Three members shall be appointed from the Service, at least two of whom shall be members of the Corps directly engaged in the provision of health services in a health manpower shortage area. “(5) Two members shall be appointed from the National Council on Health Planning and Development (established under section 42 USC 300k–3. 1503). No individual who is a provider of health care (as defined in section 42 USC 300n. 1531(3)) may be appointed as a member of the Council under paragraph (1), (3), or (5). The Council shall consult with, advise, and make recommendations to, the Secretary with respect to his responsibilities in carrying out this subpart, and shall review and comment upon regulations promulgated by the Secretary under this subpart. “(b) (1) Members of the Council shall be appointed for a term of three years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term. No member shall be removed, except for cause. Members may be reappointed to the Council. “(2) Members of the Council (other than members who are officers or employees of the United States), while attending meetings or conferences thereof or otherwise serving on the business of the Council, shall be entitled to receive for each day (including travel time) in which they are so serving the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule; and while so serving away from their homes or regular places of business all members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 (b) of title 5 of the United States Code for persons in the Government Service employed intermittently. “(c) Section 14 of the Federal Advisory Committee Act shall not apply with respect to the Council. “Sec. 338. “authorization of appropriation (a) To carry out the purposes of this subpart, there are authorized to be appropriated $47,000,000 for the fiscal year ending September 30, 1978; $57,000,000 for the fiscal year ending September 30, 1979; and $70,000,000 for the fiscal year ending September 30, 1980. “(b) An appropriation under an authorization under subsection (a) for any fiscal year may be made at any time before that fiscal year and may be included in an Act making an appropriation under an authorization under subsection (a) for another fiscal year; but no funds may be made available from any appropriation under such authorization for obligation under this subpart, before the fiscal year for which such appropriation is authorized.”.

2. 1981

   Pub. L. 97–35 § 2701(a) · 95 Stat. 357

   Added · 42 U.S.C. § 254d(a)(1)

   Pub. L. 97–35, § 2701(a), revised provisions and, as so revised, set out existing provisions in cls. (A) and (B), and added cl. (C)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 97–35, § 2701(a), revised provisions and, as so revised, set out existing provisions in cls. (A) and (B), and added cl. (C).

   Enacted provision · exact public law section
   (a) Section 331(a)(1) (42 U.S.C. 254d(a)(1)) is amended to read as follows: “(1) shall consist of— “(A) such officers of the Regular and Reserve Corps of the Service as the Secretary may designate, “(B) such civilian employees of the United States as the Secretary may appoint, and “(C) such other individuals who are not employees of the United States, (such officers, employees, and individuals hereinafter in this subpart referred to as ‘Corps members’), and”.

3. 1981

   Pub. L. 97–35 § 2701(b) · 95 Stat. 357

   Substituted · 42 U.S.C. § 254d(b)

   Pub. L. 97–35, § 2701(b), substituted “may” for “shall”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–35, § 2701(b), substituted “may” for “shall”.

   Enacted provision · exact public law section
   (b) Section 331(b) is amended by striking out “shall” and inserting 42 USC 254d. in lieu thereof “may”.

4. 1981

   Pub. L. 97–35 § 2701(c) · 95 Stat. 357

   Inserted · 42 U.S.C. § 254d(c)

   Pub. L. 97–35, § 2701(c), inserted provisions respecting a written agreement under section 254n of this title

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–35, § 2701(c), inserted provisions respecting a written agreement under section 254n of this title.

   Enacted provision · exact public law section
   (c) The first sentence of section 331(c) is amended by inserting “(including individuals considering entering into a written agreement pursuant to section 338C)” after “positions in the Corps”.

5. 1981

   Pub. L. 97–35 § 2701(d) · 95 Stat. 357

   1. Substituted · 42 U.S.C. § 254d(d)

      Pub. L. 97–35, § 2701(d), in par. (1) inserted reference to member described in subsec. (a)(1)(C) of this section, in subpars. (1)(A) and (B) substituted “may” for “shall”

   2. Added · 42 U.S.C. § 254d(d)

      Pub. L. 97–35, § 2701(d), in par. (1) added par. (3)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–35, § 2701(d), in par. (1) inserted reference to member described in subsec. (a)(1)(C) of this section, in subpars. (1)(A) and (B) substituted “may” for “shall”, and added par. (3).

   Enacted provision · exact public law section
   (d) (1) Section 331(d)(1) is amended by inserting after “each member of the Corps” the following: “(other than a member described in subsection (a)(1)(C))”. (2) Section 331(d)(1)(A) is amended by striking out “shall” and inserting in lieu thereof “may”. (3) Section 331(d)(1)(B) is amended by striking out “shall” and inserting in lieu thereof “may”. (4) Section 331(d) is further amended by adding at the end the following: “(3) A member of the Corps described in subparagraph (C) of subsection (a)(1) shall when assigned to an entity under section 333 be subject to the personnel system of such entity, except that such member shall receive during the period of assignment the income that the member would receive if the member was a member of the Corps described in subparagraph (B) of such subsection.”.

6. 1981

   Pub. L. 97–35 § 2701(e) · 95 Stat. 357

   Substituted · 42 U.S.C. § 254d(g)

   Pub. L. 97–35, § 2701(e), substituted provisions relating to conversion from Corps member to commissioned officer and retirement credits, for provisions relating to school participation in development of administrative guidelines

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 97–35, § 2701(e), substituted provisions relating to conversion from Corps member to commissioned officer and retirement credits, for provisions relating to school participation in development of administrative guidelines.

   Enacted provision · exact public law section
   (e) Section 331(g) is amended to read as follows: “(g) (1) The Secretary shall, by rule, prescribe conversion provisions applicable to any individual who, within a year after completion of service as a member of the Corps described in subsection (a)(1)(C), becomes a commissioned officer in the Regular or Reserve Corps of the Service. “(2) The rules prescribed under paragraph (1) shall provide that in applying the appropriate provisions of this Act which relate to retirement, any individual who becomes such an officer shall be entitled to have credit for any period of service as a member of the Corps described in subsection (a)(1)(C).”.

7. 1981

   Pub. L. 97–35 § 2701(f) · 95 Stat. 357

   1. Substituted · 42 U.S.C. § 254d(h)

      Pub. L. 97–35, § 2701(f), in par. (1) substituted “Health and Human Services” for “Health, Education, and Welfare” in par. (3) inserted reference to Commonwealth with respect to the Northern Mariana Islands

   2. Substituted · 42 U.S.C. § 254d(h)

      Pub. L. 97–35, § 2701(f), in par. (1) substituted “254l” for “294t” in par. (3) inserted reference to Commonwealth with respect to the Northern Mariana Islands

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 97–35, § 2701(f), in par. (1) substituted “Health and Human Services” for “Health, Education, and Welfare”, in par. (2) substituted “254l” for “294t”, and in par. (3) inserted reference to Commonwealth with respect to the Northern Mariana Islands.

   Enacted provision · exact public law section
   (f) (1) Section 331(h)(1) is amended by striking out “Health, Education, and Welfare” and inserting in lieu thereof “Health and Human Services”. (2) Section 331(h)(2) is amended by striking out “section 751” and inserting in lieu thereof “section 338A”. (3) Section 331(h)(3) is amended by inserting “Commonwealth of the” before “Northern Mariana Islands”.

8. 1987

   Pub. L. 100–177 § 202(b)(1) · 101 Stat. 986

   Inserted · 42 U.S.C. § 254d(b)

   Pub. L. 100–177, § 202(b)(1), inserted reference to Loan Repayment Program

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–177, § 202(b)(1), inserted reference to Loan Repayment Program.

   Enacted provision · exact public law section
   (1) in subsection (b), by striking out “and the Scholarship Program” and inserting in lieu thereof “, the Scholarship Program, and the Loan Repayment Program”;

9. 1987

   Pub. L. 100–177 § 202(b)(2) · 101 Stat. 986

   Changed · 42 U.S.C. § 254d(c)

   Pub. L. 100–177, § 202(b)(2), made technical amendment to reference to section 254n of this title to reflect renumbering of corresponding section of original act

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–177, § 202(b)(2), made technical amendment to reference to section 254n of this title to reflect renumbering of corresponding section of original act.

   Enacted provision · exact public law section
   (2) in subsection (c), by striking out “338C” and inserting in lieu thereof “338D”;

10. 1987

    Pub. L. 100–177 § 202(b)(3) · 101 Stat. 986

    Inserted · 42 U.S.C. § 254d(d)(2); 42 U.S.C. § 254d(d)(f)

    Pub. L. 100–177, § 202(b)(3), (4), inserted reference to Loan Repayment Program

    Source evidence

    Code amendment note
    Subsecs. (d)(2), (f). Pub. L. 100–177, § 202(b)(3), (4), inserted reference to Loan Repayment Program.

    Enacted provision · exact public law section
    (3) in subsection (d)(2), by inserting after “Program” the following: “or the Loan Repayment Program”;

11. 1987

    Pub. L. 100–177 § 301(2) · 101 Stat. 986

    Redesignated · 42 U.S.C. § 254d(h)

    Pub. L. 100–177, § 301(2), added subsec. (h). Former subsec. (h) redesignated (i)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 100–177, § 301(2), added subsec. (h). Former subsec. (h) redesignated (i).

    Enacted provision · exact public law section
    (2) by inserting after subsection (g) the following new subsection: “(h) In assigning members of the Corps to health manpower shortage areas, to the extent practicable, the Secretary shall— “(1) give priority to meeting the needs of the Indian Health Service and the needs of health programs or facilities operated by tribes or tribal organizations under the Indian Self-Determination Act (25 U.S.C. 450f et seq.); and “(2) provide special consideration to the homeless populations who do not have access to primary health care services.”.

12. 1987

    Pub. L. 100–177 title II § 202(b) · 101 Stat. 986

    1. Redesignated · 42 U.S.C. § 254d(i)

       Pub. L. 100–177, §§ 202(b)(5), 301(1), redesignated subsec. (h) as (i)

    2. Added · 42 U.S.C. § 254d(i)

       Pub. L. 100–177, §§ 202(b)(5), 301(1), added par. (2)

    3. Redesignated · 42 U.S.C. § 254d(i)

       Pub. L. 100–177, §§ 202(b)(5), 301(1), redesignated former pars. (2) and (3) as (3) and (4), respectively

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 100–177, §§ 202(b)(5), 301(1), redesignated subsec. (h) as (i), added par. (2), and redesignated former pars. (2) and (3) as (3) and (4), respectively.

    Enacted provision · exact public law section
    (b) Section 331.— Section 331 (42 U.S.C. 254d) is amended— (1) in subsection (b), by striking out “and the Scholarship Program” and inserting in lieu thereof “, the Scholarship Program, and the Loan Repayment Program”; (2) in subsection (c), by striking out “338C” and inserting in lieu thereof “338D”; (3) in subsection (d)(2), by inserting after “Program” the following: “or the Loan Repayment Program”; (4) in subsection (f), by striking out “Scholarship Program” and inserting in lieu thereof “Scholarship Program or the Loan Repayment Program”; and (5) in subsection (h)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following new paragraph: “(2) The term ‘Loan Repayment Program’ means the National Health Service Corps Loan Repayment Program established under section 338B.”.

13. 1988

    Health Professions Reauthorization Act of 1988

    Pub. L. 100–607 title VI § 629(a)(2) · 102 Stat. 3048

    Substituted · 42 U.S.C. § 254d(b)

    Pub. L. 100–607 substituted “osteopathic medicine” for “osteopathy”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–607 substituted “osteopathic medicine” for “osteopathy”.

    Enacted provision · exact public law section
    (2) by striking “osteopathy” each place such term appears and inserting “osteopathic medicine”; and

14. 1990

    National Health Service Corps Revitalization Amendments of 1990

    Pub. L. 101–597 § 401(b) · 104 Stat. 3013

    Substituted · 42 U.S.C. § 254d(a)

    Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in pars. (1), (2), and (3)(C)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in pars. (1), (2), and (3)(C).

    Enacted provision · exact public law section
    (b) Public Health Service Act.— (1) The Public Health Service Act, as amended by the preceding provisions of this Act, is amended in each of the provisions specified in paragraph (2)— (A) by striking “health manpower shortage area” each place such term appears and inserting “health professional shortage area”; and (B) in the case of each variation of the term “health manpower shortage area” that results from the capitalization of any of the letters of such term, from the use of the plural, from the use of the possessive, or from the use of different forms of typeface, or from any combination thereof, by striking each such variation each place the variation appears and inserting the analogous variation of the term “health professional shortage area”. (2) The provisions of the Public Health Service Act referred to in paragraph (1) are sections 303(d)(2)(B), 331, 332, 333, 333A, 42 USC 242a, 254d–254i, 254l–254n, 254p, 254q–1, 294h, 294n, 294aa, 295q–1, 296m. 334, 335, 336(a), 336A, 338A, 338B, 338C, 338D, 338G(a)(1), 3381, 735, 741(f)(1)(O), 759(a), 781(a)(2)(B)(iii), and 822.

    Effective date note
    Pub. L. 101–597, title V, § 501, Nov. 16, 1990, 104 Stat. 3036, provided that: “This Act and the amendments made by this Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l–1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

15. 1990

    National Health Service Corps Revitalization Amendments of 1990

    Pub. L. 101–597 § 101(a) · 104 Stat. 3013

    1. Amended · 42 U.S.C. § 254d(a)

       Pub. L. 101–597, § 101(a), designated existing provisions as par. (1)

    2. Substituted · 42 U.S.C. § 254d(a)

       Pub. L. 101–597, § 101(a), substituted “For the purpose of eliminating health manpower shortages in health manpower shortage areas, there is established, within the Service, the National Health Service Corps, which shall consist of—” for “There is established, within the Service, the National Health Service Corps (hereinafter in this subpart referred to as the ‘Corps’) which (1) shall consist of—”

    3. Substituted · 42 U.S.C. § 254d(a)

       Pub. L. 101–597, § 101(a), substituted “States.” for “States,” at end of subpar. (C)

    4. Struck · 42 U.S.C. § 254d(a)

       Pub. L. 101–597, § 101(a), struck out closing provisions which read “(such officers, employees, and individuals hereinafter in this subpart referred to as ‘Corps members’), and (2) shall be utilized by the Secretary to improve the delivery of health services in health manpower shortage areas as defined in section 254e(a) of this title.”

    5. Added · 42 U.S.C. § 254d(a)

       Pub. L. 101–597, § 101(a), added pars. (2) and (3)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–597, § 101(a), designated existing provisions as par. (1), substituted “For the purpose of eliminating health manpower shortages in health manpower shortage areas, there is established, within the Service, the National Health Service Corps, which shall consist of—” for “There is established, within the Service, the National Health Service Corps (hereinafter in this subpart referred to as the ‘Corps’) which (1) shall consist of—”, substituted “States.” for “States,” at end of subpar. (C), struck out closing provisions which read “(such officers, employees, and individuals hereinafter in this subpart referred to as ‘Corps members’), and (2) shall be utilized by the Secretary to improve the delivery of health services in health manpower shortage areas as defined in section 254e(a) of this title.”, and added pars. (2) and (3).

    Enacted provision · exact public law section
    (a) Provision of Primary Health Services.— Section 331(a) of the Public Health Service Act (42 U.S.C. 254d(a)) is amended— (1) in the matter preceding subparagraph (A) of paragraph (1)— (A) by inserting “(1)” after the subsection designation; and (B) by striking “There is” and all that follows and inserting the following: “For the purpose of eliminating health manpower shortages in health manpower shortage areas, there is established, within the Service, the National Health Service Corps, which shall consist of” (2) by striking “States,” at the end of paragraph (1)(C) and all that follows and inserting “States.”; and (3) by adding at the end the following new paragraphs: “(2) The Corps shall be utilized by the Secretary to provide primary health services in health manpower shortage areas. “(3) For purposes of this subpart and subpart III: “(A) The term ‘Corps’ means the National Health Service Corps. “(B) The term ‘Corps member’ means each of the officers, employees, and individuals of which the Corps consists pursuant to paragraph (1). “(C) The term ‘health manpower shortage area’ has the meaning given such term in section 332(a). “(D) The term ‘primary health services’ means health services regarding family medicine, internal medicine, pediatrics, obstetrics and gynecology, dentistry, or mental health, that are provided by physicians or other health professionals.”.

    Effective date note
    Pub. L. 101–597, title V, § 501, Nov. 16, 1990, 104 Stat. 3036, provided that: “This Act and the amendments made by this Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l–1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

16. 1990

    National Health Service Corps Revitalization Amendments of 1990

    Pub. L. 101–597 § 401(b) · 104 Stat. 3013

    Substituted · 42 U.S.C. § 254d(b)

    Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in par. (2).

    Enacted provision · exact public law section
    (b) Public Health Service Act.— (1) The Public Health Service Act, as amended by the preceding provisions of this Act, is amended in each of the provisions specified in paragraph (2)— (A) by striking “health manpower shortage area” each place such term appears and inserting “health professional shortage area”; and (B) in the case of each variation of the term “health manpower shortage area” that results from the capitalization of any of the letters of such term, from the use of the plural, from the use of the possessive, or from the use of different forms of typeface, or from any combination thereof, by striking each such variation each place the variation appears and inserting the analogous variation of the term “health professional shortage area”. (2) The provisions of the Public Health Service Act referred to in paragraph (1) are sections 303(d)(2)(B), 331, 332, 333, 333A, 42 USC 242a, 254d–254i, 254l–254n, 254p, 254q–1, 294h, 294n, 294aa, 295q–1, 296m. 334, 335, 336(a), 336A, 338A, 338B, 338C, 338D, 338G(a)(1), 3381, 735, 741(f)(1)(O), 759(a), 781(a)(2)(B)(iii), and 822.

    Effective date note
    Pub. L. 101–597, title V, § 501, Nov. 16, 1990, 104 Stat. 3036, provided that: “This Act and the amendments made by this Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l–1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

17. 1990

    National Health Service Corps Revitalization Amendments of 1990

    Pub. L. 101–597 § 101(b) · 104 Stat. 3013

    1. Amended · 42 U.S.C. § 254d(b)

       Pub. L. 101–597, § 101(b), designated existing provision as par. (1)

    2. Inserted · 42 U.S.C. § 254d(b)

       Pub. L. 101–597, § 101(b), inserted at end “Such recruiting programs shall include efforts to recruit individuals who will serve in the Corps other than pursuant to obligated service under the Scholarship or Loan Repayment Program.”

    3. Added · 42 U.S.C. § 254d(b)

       Pub. L. 101–597, § 101(b), added par. (2)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–597, § 101(b), designated existing provision as par. (1), inserted at end “Such recruiting programs shall include efforts to recruit individuals who will serve in the Corps other than pursuant to obligated service under the Scholarship or Loan Repayment Program.”, and added par. (2).

    Enacted provision · exact public law section
    (b) Recruitment and Retention of Corp Members, Including Volunteers.— Section 331(b) of the Public Health Service Act (42 U.S.C. 254d(b)) is amended— (1) by inserting “(1)” after the subsection designation; (2) in paragraph (1) (as so designated), by adding at the end the following new sentence: “Such recruiting programs shall include efforts to recruit individuals who will serve in the Corps other than pursuant to obligated service under the Scholarship or Loan Repayment Program.”; and (3) by adding at the end the following new paragraph: “(2) In the case of physicians, dentists, certified nurse midwives, certified nurse practitioners, and physician assistants who have an interest and a commitment to providing primary health care, the Secretary may establish fellowship programs to enable such health professionals to gain exposure to and expertise in the delivery of primary health services in health manpower shortage areas. To the maximum extent practicable, the Secretary shall ensure that any such programs are established in conjunction with accredited residency programs, and other training programs, regarding such health professions.”.

    Effective date note
    Pub. L. 101–597, title V, § 501, Nov. 16, 1990, 104 Stat. 3036, provided that: “This Act and the amendments made by this Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l–1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

18. 1990

    National Health Service Corps Revitalization Amendments of 1990

    Pub. L. 101–597 § 401(b) · 104 Stat. 3013

    Substituted · 42 U.S.C. § 254d(c)

    Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area.

    Enacted provision · exact public law section
    (b) Public Health Service Act.— (1) The Public Health Service Act, as amended by the preceding provisions of this Act, is amended in each of the provisions specified in paragraph (2)— (A) by striking “health manpower shortage area” each place such term appears and inserting “health professional shortage area”; and (B) in the case of each variation of the term “health manpower shortage area” that results from the capitalization of any of the letters of such term, from the use of the plural, from the use of the possessive, or from the use of different forms of typeface, or from any combination thereof, by striking each such variation each place the variation appears and inserting the analogous variation of the term “health professional shortage area”. (2) The provisions of the Public Health Service Act referred to in paragraph (1) are sections 303(d)(2)(B), 331, 332, 333, 333A, 42 USC 242a, 254d–254i, 254l–254n, 254p, 254q–1, 294h, 294n, 294aa, 295q–1, 296m. 334, 335, 336(a), 336A, 338A, 338B, 338C, 338D, 338G(a)(1), 3381, 735, 741(f)(1)(O), 759(a), 781(a)(2)(B)(iii), and 822.

    Effective date note
    Pub. L. 101–597, title V, § 501, Nov. 16, 1990, 104 Stat. 3036, provided that: “This Act and the amendments made by this Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l–1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

19. 1990

    National Health Service Corps Revitalization Amendments of 1990

    Pub. L. 101–597 § 401(b) · 104 Stat. 3013

    Substituted · 42 U.S.C. § 254d(d)(1)

    Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in introductory provisions and in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in introductory provisions and in subpar. (C).

    Enacted provision · exact public law section
    (b) Public Health Service Act.— (1) The Public Health Service Act, as amended by the preceding provisions of this Act, is amended in each of the provisions specified in paragraph (2)— (A) by striking “health manpower shortage area” each place such term appears and inserting “health professional shortage area”; and (B) in the case of each variation of the term “health manpower shortage area” that results from the capitalization of any of the letters of such term, from the use of the plural, from the use of the possessive, or from the use of different forms of typeface, or from any combination thereof, by striking each such variation each place the variation appears and inserting the analogous variation of the term “health professional shortage area”. (2) The provisions of the Public Health Service Act referred to in paragraph (1) are sections 303(d)(2)(B), 331, 332, 333, 333A, 42 USC 242a, 254d–254i, 254l–254n, 254p, 254q–1, 294h, 294n, 294aa, 295q–1, 296m. 334, 335, 336(a), 336A, 338A, 338B, 338C, 338D, 338G(a)(1), 3381, 735, 741(f)(1)(O), 759(a), 781(a)(2)(B)(iii), and 822.

    Effective date note
    Pub. L. 101–597, title V, § 501, Nov. 16, 1990, 104 Stat. 3036, provided that: “This Act and the amendments made by this Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l–1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

20. 1990

    National Health Service Corps Revitalization Amendments of 1990

    Pub. L. 101–597 § 101(c) · 104 Stat. 3013

    Struck · 42 U.S.C. § 254d(d)(1)(A)

    Pub. L. 101–597, § 101(c), struck out “(not to exceed $1,000)” after “by an amount”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A). Pub. L. 101–597, § 101(c), struck out “(not to exceed $1,000)” after “by an amount”.

    Enacted provision · exact public law section
    (c) Removal of Limitation Regarding Supplemental Pay During Initial Years of Service.— Section 331(d)(1)(A) of the Public Health Service Act (42 U.S.C. 254d) is amended by striking striking “(not to exceed $1,000)”.

    Effective date note
    Pub. L. 101–597, title V, § 501, Nov. 16, 1990, 104 Stat. 3036, provided that: “This Act and the amendments made by this Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l–1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

21. 1990

    National Health Service Corps Revitalization Amendments of 1990

    Pub. L. 101–597 § 401(b) · 104 Stat. 3013

    Substituted · 42 U.S.C. § 254d(d)(2); 42 U.S.C. § 254d(d)(e)

    Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area

    Source evidence

    Code amendment note
    Subsecs. (d)(2), (e). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area.

    Enacted provision · exact public law section
    (b) Public Health Service Act.— (1) The Public Health Service Act, as amended by the preceding provisions of this Act, is amended in each of the provisions specified in paragraph (2)— (A) by striking “health manpower shortage area” each place such term appears and inserting “health professional shortage area”; and (B) in the case of each variation of the term “health manpower shortage area” that results from the capitalization of any of the letters of such term, from the use of the plural, from the use of the possessive, or from the use of different forms of typeface, or from any combination thereof, by striking each such variation each place the variation appears and inserting the analogous variation of the term “health professional shortage area”. (2) The provisions of the Public Health Service Act referred to in paragraph (1) are sections 303(d)(2)(B), 331, 332, 333, 333A, 42 USC 242a, 254d–254i, 254l–254n, 254p, 254q–1, 294h, 294n, 294aa, 295q–1, 296m. 334, 335, 336(a), 336A, 338A, 338B, 338C, 338D, 338G(a)(1), 3381, 735, 741(f)(1)(O), 759(a), 781(a)(2)(B)(iii), and 822.

    Effective date note
    Pub. L. 101–597, title V, § 501, Nov. 16, 1990, 104 Stat. 3036, provided that: “This Act and the amendments made by this Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l–1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

22. 1990

    National Health Service Corps Revitalization Amendments of 1990

    Pub. L. 101–597 § 101(d) · 104 Stat. 3013

    1. Added · 42 U.S.C. § 254d(h)

       Pub. L. 101–597, § 101(d), added subsec. (h)

    2. Struck · 42 U.S.C. § 254d(h)

       Pub. L. 101–597, § 101(d), struck out former subsec. (h) which read as follows: “In assigning members of the Corps to health manpower shortage areas, to the extent practicable, the Secretary shall—

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 101–597, § 101(d), added subsec. (h) and struck out former subsec. (h) which read as follows: “In assigning members of the Corps to health manpower shortage areas, to the extent practicable, the Secretary shall—

    “(1) give priority to meeting the needs of the Indian Health Service and the needs of health programs or facilities operated by tribes or tribal organizations under the Indian Self-Determination Act (25 U.S.C. 450f et seq.); and “(2) provide special consideration to the homeless populations who do not have access to primary health care services.”

    Enacted provision · exact public law section
    (d) Adequate Staff for Corps Program.— Section 331 of the Public Health Service Act (42 (U.S.C. 254d) is amended by striking subsection (h) and inserting the following new subsection: “(h) The Secretary shall ensure that adequate staff is provided to the Service with respect to effectively administering the program for the Corps.”.

    Effective date note
    Pub. L. 101–597, title V, § 501, Nov. 16, 1990, 104 Stat. 3036, provided that: “This Act and the amendments made by this Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l–1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

23. 1990

    National Health Service Corps Revitalization Amendments of 1990

    Pub. L. 101–597 § 101(e) · 104 Stat. 3013

    Substituted · 42 U.S.C. § 254d(i)

    Pub. L. 101–597, § 101(e), substituted “of this subpart and subpart III” for “of this subpart”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 101–597, § 101(e), substituted “of this subpart and subpart III” for “of this subpart”.

    Enacted provision · exact public law section
    (e) Technical Amendment Regarding Definitions.— Section 331(i) of the Public Health Service Act (42 U.S.C. 254d(i)) is amended in the matter preceding paragraph (1) by inserting “and subpart III” before the colon.

    Effective date note
    Pub. L. 101–597, title V, § 501, Nov. 16, 1990, 104 Stat. 3036, provided that: “This Act and the amendments made by this Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending this section, sections 242a, 254e to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title, and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 201, 254l–1, and 254o of this title] shall take effect October 1, 1990, or upon the date of the enactment of this Act [Nov. 16, 1990], whichever occurs later.”

24. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 301(a)(1) · 116 Stat. 1621

    Added · 42 U.S.C. § 254d(a)(3)(E)

    Pub. L. 107–251, § 301(a)(1), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(E). Pub. L. 107–251, § 301(a)(1), added subpar. (E).

    Enacted provision · exact public law section
    (1) by adding at the end of subsection (a)(3) the following: “(E) (i) The term ‘behavioral and mental health professionals’ means health service psychologists, licensed clinical social workers, licensed professional counselors, marriage and family therapists, psychiatric nurse specialists, and psychiatrists. “(ii) The term ‘graduate program of behavioral and mental health’ means a program that trains behavioral and mental health professionals.”;

25. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 301(a)(2)(A) · 116 Stat. 1621

    Substituted · 42 U.S.C. § 254d(b)(1)

    Pub. L. 107–251, § 301(a)(2)(A), substituted “health professions, including schools at which graduate programs of behavioral and mental health are offered,” for “health professions”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 107–251, § 301(a)(2)(A), substituted “health professions, including schools at which graduate programs of behavioral and mental health are offered,” for “health professions”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “health professions” and inserting “health professions, including schools at which graduate programs of behavioral and mental health are offered,”; and

26. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 301(a)(2)(B) · 116 Stat. 1621

    Inserted · 42 U.S.C. § 254d(b)(2)

    Pub. L. 107–251, § 301(a)(2)(B), inserted “behavioral and mental health professionals,” after “dentists,”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 107–251, § 301(a)(2)(B), inserted “behavioral and mental health professionals,” after “dentists,”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting “behavioral and mental health professionals,” after “dentists,”; and

27. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 301(a)(3) · 116 Stat. 1621

    1. Added · 42 U.S.C. § 254d(c)

       Pub. L. 107–251, § 301(a)(3), added subsec. (c)

    2. Struck · 42 U.S.C. § 254d(c)

       Pub. L. 107–251, § 301(a)(3), struck out former subsec. (c) which read as follows: “The Secretary may reimburse applicants for positions in the Corps (including individuals considering entering into a written agreement pursuant to section 254n of this title) for actual and reasonable expenses incurred in traveling to and from their places of residence to a health professional shortage area (designated under section 254e of this title) in which they may be assigned for the purpose of evaluating such area with regard to being assigned in such area. The Secretary shall not reimburse an applicant for more than one such trip.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–251, § 301(a)(3), added subsec. (c) and struck out former subsec. (c) which read as follows: “The Secretary may reimburse applicants for positions in the Corps (including individuals considering entering into a written agreement pursuant to section 254n of this title) for actual and reasonable expenses incurred in traveling to and from their places of residence to a health professional shortage area (designated under section 254e of this title) in which they may be assigned for the purpose of evaluating such area with regard to being assigned in such area. The Secretary shall not reimburse an applicant for more than one such trip.”

    Enacted provision · exact public law section
    (3) by striking subsection (c) and inserting the following: “(c) (1) The Secretary may reimburse an applicant for a position in the Corps (including an individual considering entering into a written agreement pursuant to section 338D) for the actual and reasonable expenses incurred in traveling to and from the applicant’s place of residence to an eligible site to which the applicant may be assigned under section 333 for the purpose of evaluating such site with regard to being assigned at such site. The Secretary may establish a maximum total amount that may be paid to an individual as reimbursement for such expenses. “(2) The Secretary may also reimburse the applicant for the actual and reasonable expenses incurred for the travel of 1 family member to accompany the applicant to such site. The Secretary may establish a maximum total amount that may be paid to an individual as reimbursement for such expenses. “(3) In the case of an individual who has entered into a contract for obligated service under the Scholarship Program or under the Loan Repayment Program, the Secretary may reimburse such individual for all or part of the actual and reasonable expenses incurred in transporting the individual, the individual’s family, and the family’s possessions to the site of the individual’s assignment under section 333. The Secretary may establish a maximum total amount that may be paid to an individual as reimbursement for such expenses.”.

28. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 301(b) · 116 Stat. 1621

    1. Added · 42 U.S.C. § 254d(i); 42 U.S.C. § 254d(j)

       Pub. L. 107–251, § 301(b), added subsec. (i)

    2. Redesignated · 42 U.S.C. § 254d(i); 42 U.S.C. § 254d(j)

       Pub. L. 107–251, § 301(b), redesignated former subsec. (i) as (j)

    Source evidence

    Code amendment note
    Subsecs. (i), (j). Pub. L. 107–251, § 301(b), added subsec. (i) and redesignated former subsec. (i) as (j).

    Enacted provision · exact public law section
    (b) Demonstration Projects.— Section 331 of the Public Health Service Act (42 U.S.C. 254d) is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following: “(i) (1) In carrying out subpart III, the Secretary may, in accordance with this subsection, carry out demonstration projects in which individuals who have entered into a contract for obligated service under the Loan Repayment Program receive waivers under which the individuals are authorized to satisfy the requirement of obligated service through providing clinical service that is not fulltime. “(2) A waiver described in paragraph (1) may be provided by the Secretary only if— “(A) the entity for which the service is to be performed— “(i) has been approved under section 333A for assignment of a Corps member; and “(ii) has requested in writing assignment of a health professional who would serve less than full time; “(B) the Secretary has determined that assignment of a health professional who would serve less than full time would be appropriate for the area where the entity is located; “(C) a Corps member who is required to perform obligated service has agreed in writing to be assigned for less than full-time service to an entity described in subparagraph (A); “(D) the entity and the Corps member agree in writing that the less than full-time service provided by the Corps member will not be less than 16 hours of clinical service per week; “(E) the Corps member agrees in writing that the period of obligated service pursuant to section 338B will be extended so that the aggregate amount of less than full-time service performed will equal the amount of service that would be performed through full-time service under section 338C; and “(F) the Corps member agrees in writing that if the Corps member begins providing less than full-time service but fails to begin or complete the period of obligated service, the method stated in 338E(c) for determining the damages for breach of the individual’s written contract will be used after converting periods of obligated service or of service performed into their full-time equivalents. “(3) In evaluating a demonstration project described in paragraph (1), the Secretary shall examine the effect of multidisciplinary teams.”.

29. 2006

    Pandemic and All-Hazards Preparedness Act

    Pub. L. 109–417 title II § 206(c)(2) · 120 Stat. 2831

    Inserted · 42 U.S.C. § 254d(f)

    Pub. L. 109–417 inserted before period at end “, except when such members are Commissioned Corps officers who entered into a contract with Secretary under section 254l or 254l–1 of this title after December 31, 2006 and when the Secretary determines that exercising the authority provided under section 215 or 217 of this title with respect to any such officer to would not cause unreasonable disruption to health care services provided in the community in which such officer is providing health care services”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–417 inserted before period at end “, except when such members are Commissioned Corps officers who entered into a contract with Secretary under section 254l or 254l–1 of this title after December 31, 2006 and when the Secretary determines that exercising the authority provided under section 215 or 217 of this title with respect to any such officer to would not cause unreasonable disruption to health care services provided in the community in which such officer is providing health care services”.

    Enacted provision · exact public law section
    (2) National health service corps.— Section 331(f) of the Public Health Service Act (42 U.S.C. 254d(f)(1)) is amended by inserting before the period the following: “, except when such members are Commissioned Corps officers who entered into a contract with Secretary under section 338A or 338B after December 31, 2006 and when the Secretary determines that exercising the authority provided under section 214 or 216 with respect to any such officer to would not cause unreasonable disruption to health care services provided in the community in which such officer is providing health care services”.

30. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 § 10501(n)(1)(A) · 124 Stat. 119

    Substituted · 42 U.S.C. § 254d(i)(1)

    Pub. L. 111–148, § 10501(n)(1)(A), substituted “issue waivers to individuals who have entered into a contract for obligated service under the Scholarship Program or the Loan Repayment Program under which the individuals are authorized to satisfy the requirement of obligated service through providing clinical practice that is half time” for “carry out demonstration projects in which individuals who have entered into a contract for obligated service under the Loan Repayment Program receive waivers under which the individuals are authorized to satisfy the requirement of obligated service through providing clinical service that is not full-time”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 111–148, § 10501(n)(1)(A), substituted “issue waivers to individuals who have entered into a contract for obligated service under the Scholarship Program or the Loan Repayment Program under which the individuals are authorized to satisfy the requirement of obligated service through providing clinical practice that is half time” for “carry out demonstration projects in which individuals who have entered into a contract for obligated service under the Loan Repayment Program receive waivers under which the individuals are authorized to satisfy the requirement of obligated service through providing clinical service that is not full-time”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “In carrying out subpart III” and all that follows through the period and inserting “In carrying out subpart III, the Secretary may, in accordance with this subsection, issue waivers to individuals who have entered into a contract for obligated service under the Scholarship Program or the Loan Repayment Program under which the individuals are authorized to satisfy the requirement of obligated service through providing clinical practice that is half time.”;

31. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 § 10501(n)(1)(B)(i) · 124 Stat. 119

    Substituted · 42 U.S.C. § 254d(i)(2)(A)(ii); 42 U.S.C. § 254d(i)(2)(A)(B)

    Pub. L. 111–148, § 10501(n)(1)(B)(i), substituted “half time” for “less than full time”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(A)(ii), (B). Pub. L. 111–148, § 10501(n)(1)(B)(i), substituted “half time” for “less than full time”.

    Enacted provision · exact public law section
    (i) in subparagraphs (A)(ii) and (B), by striking “less than full time” each place it appears and inserting “half time”;

32. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 § 10501(n)(1)(B)(ii) · 124 Stat. 119

    Substituted · 42 U.S.C. § 254d(i)(2)(C)

    Pub. L. 111–148, § 10501(n)(1)(B)(ii), substituted “half-time service” for “less than full-time service”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(C). Pub. L. 111–148, § 10501(n)(1)(B)(ii), substituted “half-time service” for “less than full-time service”.

    Enacted provision · exact public law section
    (ii) in subparagraphs (C) and (F), by striking “less than full-time service” each place it appears and inserting “half-time service”; and

33. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 § 10501(n)(1)(B)(iii) · 124 Stat. 119

    Amended · 42 U.S.C. § 254d(i)(2)(D); 42 U.S.C. § 254d(i)(2)(E)

    Pub. L. 111–148, § 10501(n)(1)(B)(iii), amended subpars. (D) and (E) generally. Prior to amendment, subpars. (D) and (E) read as follows:

    Source evidence

    Code amendment note
    Subsec. (i)(2)(D), (E). Pub. L. 111–148, § 10501(n)(1)(B)(iii), amended subpars. (D) and (E) generally. Prior to amendment, subpars. (D) and (E) read as follows:

    “(D) the entity and the Corps member agree in writing that the less than full-time service provided by the Corps member will not be less than 16 hours of clinical service per week; “(E) the Corps member agrees in writing that the period of obligated service pursuant to section 254l–1 of this title will be extended so that the aggregate amount of less than full-time service performed will equal the amount of service that would be performed through full-time service under section 254m of this title; and”.

    Enacted provision · exact public law section
    (iii) by amending subparagraphs (D) and (E) to read as follows: “(D) the entity and the Corps member agree in writing that the Corps member will perform half-time clinical practice; “(E) the Corps member agrees in writing to fulfill all of the service obligations under section 338C through half-time clinical practice and either— “(i) double the period of obligated service that would otherwise be required; or “(ii) in the case of contracts entered into under section 338B, accept a minimum service obligation of 2 years with an award amount equal to 50 percent of the amount that would otherwise be payable for full-time service; and” ; and

34. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 § 10501(n)(1)(B)(ii) · 124 Stat. 119

    Substituted · 42 U.S.C. § 254d(i)(2)(F)

    Pub. L. 111–148, § 10501(n)(1)(B)(ii), substituted “half-time service” for “less than full-time service”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(F). Pub. L. 111–148, § 10501(n)(1)(B)(ii), substituted “half-time service” for “less than full-time service”.

    Enacted provision · exact public law section
    (ii) in subparagraphs (C) and (F), by striking “less than full-time service” each place it appears and inserting “half-time service”; and

35. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 § 10501(n)(1)(C) · 124 Stat. 119

    Substituted · 42 U.S.C. § 254d(i)(3)

    Pub. L. 111–148, § 10501(n)(1)(C), substituted “In evaluating waivers issued under paragraph (1)” for “In evaluating a demonstration project described in paragraph (1)”

    Source evidence

    Code amendment note
    Subsec. (i)(3). Pub. L. 111–148, § 10501(n)(1)(C), substituted “In evaluating waivers issued under paragraph (1)” for “In evaluating a demonstration project described in paragraph (1)”.

    Enacted provision · exact public law section
    (C) in paragraph (3), by striking “In evaluating a demonstration project described in paragraph (1)” and inserting “In evaluating waivers issued under paragraph (1)”.

36. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 § 10501(n)(2) · 124 Stat. 119

    Added · 42 U.S.C. § 254d(j)(5); 42 U.S.C. § 254d(j)(6)

    Pub. L. 111–148, § 10501(n)(2), added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (j)(5), (6). Pub. L. 111–148, § 10501(n)(2), added pars. (5) and (6).

    Enacted provision · exact public law section
    (2) Subsection (j) of section 331 of the Public Health Service Act (42 U.S.C. 254d) is amended by adding at the end the following: “(5) Definitions. The terms ‘full time’ and ‘full-time’ mean a minimum of 40 hours per week in a clinical practice, for a minimum of 45 weeks per year. “(6) The terms ‘half time’ and ‘half-time’ mean a minimum of 20 hours per week (not to exceed 39 hours per week) in a clinical practice, for a minimum of 45 weeks per year.” .

49 of 49 references resolved to an enrolled provision