§ 254m. Obligated service under contract

Footnotes

1. 1 See Change of Name note below.

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 § 408(b)(1) · 90 Stat. 2243

   Enacted · 42 U.S.C. § 254m

   July 1, 1944, ch. 373, title III, § 338C, formerly title VII, § 752, as added Pub. L. 94–484, title IV, § 408(b)(1), Oct. 12, 1976, 90 Stat. 2284

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title III, § 338C, formerly title VII, § 752, as added Pub. L. 94–484, title IV, § 408(b)(1), Oct. 12, 1976, 90 Stat. 2284

   Enacted provision · exact public law section
   (1) Effective October 1, 1977, section 225 is repealed and part C Repeal. 42 USC 234. of title VII (as amended by subsection (a)) is amended by adding after subpart III the following new subpart: “Subpart IV— National Health Service Corps Scholarships “Sec. 751. “national health service corps scholarship program (a) The Secretary shall establish the National Health Establishment. 42 USC 294t. Service Corps Scholarship Program (hereinafter in this subpart referred to as the ‘Scholarship Program’) to assure an adequate supply of trained physicians, dentists, and nurses for the National Health Service Corps (hereinafter in this subpart referred to as the ‘Corps’) and, if needed by the Corps, podiatrists, optometrists, pharmacists, graduates of schools of veterinary medicine, graduates of schools of public health, graduates of programs in health administration, graduates of programs for the training of physician assistants, expanded function dental auxiliaries, and nurse practitioners (as defined in section 822), and other health professionals. “(b) To be eligible to participate in the Scholarship Program, an Eligibility. individual must— “(1) be accepted for enrollment, or be enrolled, as a full-time student (A) in an accredited (as determined by the Secretary) educational institution in a State and (B) in a course of study or program, offered by such institution and approved by the Secretary, leading to a degree in medicine, osteopathy, dentistry, or other health profession; “(2) be eligible for, or hold, an appointment as a commissioned officer in the Regular or Reserve Corps of the Service or be eligible for selection for civilian service in the Corps; “(3) submit an application to participate in the Scholarship Program; and “(4) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in subsection (f)) to accept payment of a scholarship and to serve (in accordance with this subpart) for the applicable period of obligated service in a health manpower shortage area. “(c) In disseminating application forms and contract forms to individuals desiring to participate in the Scholarship Program, the Secretary shall include with such forms— “(1) a fair summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted) by the Secretary, including in the summary a clear explanation of the damages to which the United States is entitled under section 754 in the case of the individual’s breach of the contract; and “(2) such other information as may he necessary for the individual to understand the individual’s prospective participation in the Scholarship Program and service in the Corps. The application form, contract form, and all other information furnished by the Secretary under this subpart shall be written in a manner calculated to be understood by the average individual applying to Review and evaluation. participate in the Scholarship Program. The Secretary shall make such application forms, contract forms, and other information available to individuals desiring to participate in the Scholarship Program on a date sufficiently early to insure that such individuals have adequate time to carefully review and evaluate such forms and information. “(d) In determining which applications under the Scholarship Program to approve (and which contracts to accept), the Secretary shall give priority— “(1) first, to applications made (and contracts submitted) by individuals who have previously received scholarships under the Scholarship Program or under section 758; and “(2) second, to applications made (and contracts submitted)— “(A) in the school year ending in the fiscal year beginning October 1, 1977, by individuals who are entering their first or second year of study in a course of study or program described in subsection (b)(1)(B) in such school year; and “(B) in each school year thereafter, by individuals who are entering their first year of study in a course of study or program described in subsection (b)(1)(B) in such school year. “(e) (1) An individual becomes a participant in the Scholarship Program only upon the Secretary’s approval of the individual’s application submitted under subsection (b)(3) and the Secretary’s acceptance of the contract submitted by the individual under subsection (b)(4). “(2) The Secretary shall provide written notice to an individual promptly upon the Secretary’s approving, under paragraph (1), of the individual’s participation in the Scholarship Program. “(f) The written contract (referred to in this subpart) between the Secretary and an individual shall contain— “(1) an agreement that— “(A) subject to paragraph (2), the Secretary agrees (i) to provide the individual with a scholarship (described in subsection (g)) in each such school year or years for a period of years (not to exceed four school years) determined by the individual, during which period the individual is pursuing a course of study described in subsection (b)(1)(B), and (li) to accept (subject to the availability of appropriated funds Ante, p. 2268. for carrying out subpart II of part C of title III) the individual into the Corps (or for equivalent service as otherwise provided in this subpart); and “(B) subject to paragraph (2), the individual agrees— “(i) to accept provision of such a scholarship to the individual; “(ii) to maintain enrollment in a course of study described in subsection (b)(1)(B) until the individual completes the course of study; “(iii) while enrolled in such course of study, to maintain an acceptable level of academic standing (as deter-mined under regulations of the Secretary by the educational institution offering such course of study); and “(iv) to serve for a time period (hereinafter in the subpart referred to as the ‘period of obligated service’) equal to— “(I) one year for each school year for which the individual was provided a scholarship under the Scholarship Program, or “(II) two years, whichever is greater, in a health manpower shortage area (designated under section 332) to which he is assigned Ante, p. 2270. by the Secretary as a member of the Corps, or as otherwise provided in this subpart; “(2) a provision that any financial obligation of the United States arising out of a contract entered into under this subpart and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this subpart and to carry out the purposes of subpart II of part C of title III; Ante, p. 2268. “(3) a statement of the damages to which the United States is entitled, under section 754, for the individual’s breach of the contract; and “(4) such other statements of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this subpart. “(g) (1) A scholarship provided to a student for a school year under a written contract under the Scholarship Program or under section 758 (relating to scholarships for first-year students of exceptional financial need), shall consist of— “(A) payment to, or (in accordance with paragraph (2)) on behalf of the student of the amount (except as provided in section 711) of— “(i) the tuition of the student in such school year; and “(ii) all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the student in such school year; and “(B) payment to the student of a stipend of $400 per month (adjusted in accordance with paragraph (3)) for each of the 12 consecutive months beginning with the first month of such school year. “(2) The Secretary may contract with an educational institution, Contract. in which a participant in the Scholarship Program is enrolled, for the payment to the educational institution of the amounts of tuition and other reasonable educational expenses described in paragraph (1)(A). Payment to such an educational institution may be made without regard to section 3648 of the Revised Statutes (31 U.S.C. 529). “(3) The amount of the monthly stipend, specified in paragraph (1)(B) and as previously adjusted (if at all) in accordance with this paragraph, shall be increased by the Secretary for each school year ending in a fiscal year beginning after September 30, 1978, by an amount (rounded to the next highest multiple of $1) equal to the amount of such stipend multiplied by the overall percentage (as set forth in the report transmitted to the Congress under section 5303 of title 5, United States Code) of the adjustment (if such adjustment is an increase) in the rates of pay under the General Schedule made effective in the fiscal year in which such school year ends. “(h) Notwithstanding any other provision of law, individuals who have entered into written contracts with the Secretary under this section, while undergoing academic training, shall not be counted against any employment ceiling affecting the Department. “(i) The Secretary shall report to Congress on December 1 of each year— “(1) the number, and type of health profession training, of students receiving scholarships under the Scholarship Program; “(2) the educational institutions at which such students are receiving their training; “(3) the number of applications filed under this section in the school year beginning in such year and in prior school years; and “(4) the amount of tuition paid in the aggregate and at each educational institution for the school year beginning in such year and for prior school years. “(j) The administrative unit which administers section 770 shall— “(1) participate in the development of regulations, funding priorities, and application forms, and “(2) be consulted by, and may make recommendations to, the Secretary in the review of applications for scholarships and grants, with respect to the Scholarship Program. “Sec. 752. “obligated service (a) Except as provided in section 753, each individual who has entered into a written contract with the Secretary under section 751 shall provide service in the full-time clinical practice of such individuals profession as a member of the Corps for the period of obligated service provided in such contract. “(b) (1) The Secretary shall notify each individual required to provide service under the Scholarship Program, not later than 60 days before the date described in paragraph (5), of the opportunity of such individual to serve in the full-time clinical practice of his profession either as a commissioned officer in the Regular or Reserve Corps of the Service or as a civilian member of the Corps. The Secretary shall include in such notice sufficient information regarding the advantages and disadvantages to each alternative to enable an individual to make a decision on an informed basis. “(2) To be eligible to provide obligated service as a commissioned officer in the Service, an individual shall notify the. Secretary, not later than 30 days before the date described in paragraph (5), of the individual’s desire to provide such service as such an officer. “(3) If an individual who has notified the Secretary under paragraph (2) qualifies for an appointment as such an officer, the Secretary shall, as soon as possible after the date described in paragraph (5), appoint the individual as a commissioned officer of the Regular or Reserve Corps and of the Service and shall designate the individual as a member of the Corps. If an individual who has notified the Secretary under paragraph (2) does not so qualify, the Secretary shall, as soon as possible after the date described in paragraph (5), appoint such individual in accordance with paragraph (4). “(4) Except as provided in paragraph (3) and in section 753, the Secretary shall appoint each individual, as soon as possible after the date described in paragraph (5), to serve in the full-time clinical practice of his profession as a civilian member of the Corps. “(5) (A) With respect to an individual receiving a degree from a school of medicine, osteopathy, or dentistry, the date referred to in paragraphs (1) through (4) shall be the date upon which the individual completes the training required for such degree, except that the Secretary shall, at the request of such individual, defer such date until the end of the period of time (not to exceed three years) required for the individual to complete an internship, residency, or other advanced clinical training. No such period of internship, residency, or other advanced clinical training shall be counted toward satisfying a period of obligated service under this subpart. “(B) With respect to an individual receiving a degree from an institution other than a school of medicine, osteopathy, or dentistry, the date referred to in paragraphs (1) through (4) shall be the date upon which the individual completes his academic, training leading to such degree. “(c) An individual shall be considered to have begun serving a period of obligated service— “(1) on the date such individual is appointed as an officer in a Regular or Reserve Corps of the Service or as a member of the Corps, or “(2) in the case of an individual who has entered into an agreement with the Secretary under section 753, on the date specified Infra. in such agreement, whichever is earlier. “(d) The Secretary shall assign individuals performing obligated service in accordance with a written contract under the Scholarship Program to health manpower shortage areas in accordance with subpart II of part C of title II. If the Secretary determines that there Ante, p. 2268. is no need in a health manpower shortage area (designated under section 332) for a member of the profession in which an individual Ante, p. 2270. is obligated to provide service under a written contract, the Secretary may detail such individual to serve his period of obligated service as a full-time member of such profession in such unit of the Department as the Secretary may determine. “(e) Notwithstanding any other provision of this title, if the Secretary determines that an individual who is or has been a participant in the Scholarship Program demonstrates exceptional promise for medical research, the Secretary may permit such individual to perform his service obligation under the National Research Service Award program established under section 472. 42 USC 289l–1. “Sec. 753. “private practice (a) The Secretary shall release an individual from all or Written agreement. 42 USC 294v. part of his service obligation under section 752 (a) if the individual applies for such a release under this section and enters into a written agreement with the Secretary under which the individual agrees to engage for a period equal to the remaining period of Ms service obligation in the full-time private clinical practice (including service as a salaried employee in an entity directly providing health services) of his health profession— “(1) in the case of an individual who is performing obligated service as a member of the Corps in a health manpower shortage area on the date of his application for such a release, in the health manpower shortage area in which such individual is serving on such date; or “(2) in the case of any other individual, in a health manpower Ante, p. 2270. shortage area (designated under section 332) which (A) has a priority for the assignment of Corps members under section Ante, p. 2272. 333(c), and (B) has a sufficient financial base to sustain such private practice and to provide the individual with income of not less than the income of members of the Corps. In the case of an individual described in paragraph (1), the Secretary shall release the individual from his service obligation under this subsection only if the Secretary determines that the area in which the individual is serving meets the requirement of clause (B) of paragraph (2). “(b) The written agreement described in subsection (a) shall— “(1) provide that during the period of private practice by an individual pursuant to the agreement— “(A) any person who receives health services provided by the individual in connection with such practice will be charged for such services at the usual and customary rate prevailing in the area in which such services are provided, except that if such person is unable to pay such charge, such person shall be charged at a reduced rate or not charged any fee; and “(B) the individual in providing health services in connection with such practice shall not discriminate against, any person on the basis of such person’s ability to pay for such services or because payment for the health services provided to such person will be made under the insurance program established under part A or B of title XVIII of the Social 42 USC 1395c, 1395j. 42 USC 1396. Security Act or under a State plan for medical assistance approved under title XIX of such Act; and “(2) contain such additional provisions as the Secretary may require to carry out the purposes of this section. Regulation. For purposes of paragraph (1)(A), the Secretary shall by regulation prescribe the method for determining a person’s ability to pay a charge for health services and the method of determining the amount (if any) to be charged such person based on such ability. “Sec. 754. “breach of scholarship contract (a) An individual (other than an individual described in subsection (b)) who has entered into a written contract with the Secretary under section 751 and who fails to accept payment, or instructs the educational institution in which he is enrolled not to accept payment, in whole or in part, of a scholarship under such contract, shall, in addition to any service or other obligation or liability under the contract, be liable to the United States for the amount of $1,500 as liquidated damages. “(b) An individual who has entered into a written contract with the Secretary under section 751 and who— “(1) fails to maintain an acceptable level of academic standing in the educational institution in which he is enrolled (such level determined by the educational institution under regulations of the Secretary), “(2) is dismissed from such educational institution for disciplinary reasons, or “(3) voluntarily terminates the training in such an educational institution for which he is provided a scholarship under such contract, before the completion of such training, in lieu of any service obligation arising under such contract, shall be liable to the United States for the amount which has been paid to him, or on Ids behalf, under the contract. “(c) If an individual breaches his written contract by failing (for any reason) either to begin such individual’s service obligation in accordance with section 752 or 753 or to complete such service obligation, the United States shall be entitled to recover from the individual an amount determined in accordance with the formula A=3ϕ ( t—s t ) in which ‘A’ is the amount the United States is entitled to recover. ‘ϕ’ is the sum of the amount paid under this subpart to or on behalf of the individual and the interest on such amount which would be payable if at the time it was paid it was a loan bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States; ‘t’ is the total number of months in the individual’s period of obligated service; and ‘s’ is the number of months of such period served by him in accordance with section 752 or a written agreement under section 753. Any amount of damages which the United States is entitled to recover under this subsection shall, within the one year period beginning on the date of the breach of the written contract, be paid to the United States. “(d) (1) Any obligation of an individual under the Scholarship Program (or a contract thereunder) for service or payment of damages shall be canceled upon the death of the individual. “(2) The Secretary shall by regulation provide for the waiver or suspension of any obligation of service or payment by an individual under the Scholarship Program (or a contract thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual and it enforcement of such obligation with respect to any individual would be unconscionable. “(3) Any obligation of an individual under the Scholarship Program (or a contract thereunder) for payment of damages may he released by a discharge in bankruptcy under title 11 of the United States Code only if such discharge is granted after the expiration of 11 USC 1 et seq. the five-year period beginning on the first date that payment of such damages is required. “Sec. 755. “special chants for former corps members to enter private practice (a) The Secretary may make one grant to an individual (other than an individual 42 USC 294x. who has entered into an agreement under section 753)— “(1) who has completed his period of obligated service in the Corps, and “(2) who has agreed in writing— Agreement. “(A) to engage in the private full-time clinical practice of his profession in a health manpower shortage area (designated under section 332 and described in paragraphs (1) Ante, p. 2270. and (2) of section 753(a)) for a period (beginning not later than one year after the date he completed his period of obligated service in the Corps) of not less than one year; “(B) to conduct such practice in accordance with the provisions of section 753(b)(1); and “(C) to such additional conditions as the Secretary may require to carry out the purposes of this section; to assist such individual in meeting the costs of beginning the practice of such individual’s profession in accordance with such agreement, including the costs of acquiring equipment and renovating facilities for use in providing health services, and of hiring nurses and other personnel to assist in providing health services. Such grant may not be used for the purchase or construction of any building. “(b) The amount of the grant under subsection (a) to an individual shall be— “(1) $12,500, if the individual agrees to practice his profession in accordance with the agreement for a period of at least one year, but less than two years; or “(2) $25,000 if the individual agrees to practice his profession in accordance with the agreement for a period of at least two years. “(c) The Secretary may not make a grant under this section unless an application therefor hag been submitted to, and approved by, the Secretary. “(d) If the Secretary determines that an individual hag breached a written agreement entered into under subsection (a), he shall, as soon as practicable after making such determination, notify the individual of such determination. If within 120 days after the date of giving such notice, such individual is not practicing his profession in accordance with the agreement under such subsection and has not provided assurances satisfactory to the Secretary that he will not knowingly violate such agreement again, the United States shall be entitled to recover from such individual an amount determined under section 754(c), except that in applying the formula contained in such section, ‘ϕ’ shall be the sum of the amount of the grant made under subsection (a) to such individual and the interest on such amount which would be payable if at the time it was paid it was a loan bearing interest at the maximum legal prevailing rate, ‘s’ shall be the number of months that such individual agreed to practice his profession under such agreement, and ‘s’ shall be the number of months that such individual practices his profession in accordance with such agreement. “Sec. 756. “authorization of appropriations (a) There are authorized to be appropriated for scholarships under this subpart $75,000,000 for the fiscal year ending September 30, 1978, $140,000,000 for the fiscal year ending September 30, 1979, and $200,000,000 for the fiscal year ending September 30, 1980. For the fiscal year ending September 30, 1981, and for each of the two succeeding fiscal years, there are authorized to be appropriated such sums as may be necessary to continue to make scholarship awards to students who have entered into written contracts under the Scholarship Program before October 1, 1980. “(b) Of the sums appropriated under this section (1) 90 percent shall be obligated for scholarships for medical, osteopathic, and dental students, and (2) 10 percent of such 90 percent shall be obligated for scholarships for dental students.”.

2. 1978

   Primary Health Care Act of 1978

   Pub. L. 95–626 title I § 113(b) · 92 Stat. 3551

   Substituted · 42 U.S.C. § 254m(d)

   Pub. L. 95–626 substituted “subpart II of part D” for “subpart II of part C”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–626 substituted “subpart II of part D” for “subpart II of part C”.

   Enacted provision · exact public law section
   (b) Sections 751(f) and 752(d) are each amended by striking out 42 USC 294t, 294u. “subpart II of part C” each place it appears and inserting in lieu thereof “subpart II of part D”.

3. 1979

   Public Health Service Administrative Amendments of 1979

   Pub. L. 96–76 § 202(a) · 93 Stat. 579

   1. Inserted · 42 U.S.C. § 254m(b)(5)(A)

      Pub. L. 96–76, § 202(a), (b)(1), (2), inserted provisions authorizing a greater period than three years for individuals receiving degrees from schools of medicine, osteopathy, and dentistry, and provisions respecting individuals receiving degrees from schools of veterinary medicine, optometry, podiatry, and pharmacy

   2. Substituted · 42 U.S.C. § 254m(b)(5)(A)

      Pub. L. 96–76, § 202(a), (b)(1), (2), substituted “No period” for “No such period”

   Source evidence

   Code amendment note
   Subsec. (b)(5)(A). Pub. L. 96–76, § 202(a), (b)(1), (2), inserted provisions authorizing a greater period than three years for individuals receiving degrees from schools of medicine, osteopathy, and dentistry, and provisions respecting individuals receiving degrees from schools of veterinary medicine, optometry, podiatry, and pharmacy, and substituted “No period” for “No such period”.

   Enacted provision · exact public law section
   (a) Section 752(b)(5)(A) (relating to service requirements for National Health Service Corps scholarships) (42 U.S.C. 294u(b)(5)(A)) is amended by striking out “ (not to exceed three years)” and inserting in lieu thereof “(not to exceed three years or such greater period as the Secretary, consistent with the needs of the Corps, may authorize)”.

4. 1979

   Public Health Service Administrative Amendments of 1979

   Pub. L. 96–76 § 202(b)(3) · 93 Stat. 579

   Substituted · 42 U.S.C. § 254m(b)(5)(B)

   Pub. L. 96–76, § 202(b)(3), substituted “referred to in subparagraph (A)” for “of medicine, osteopathy, or dentistry”

   Source evidence

   Code amendment note
   Subsec. (b)(5)(B). Pub. L. 96–76, § 202(b)(3), substituted “referred to in subparagraph (A)” for “of medicine, osteopathy, or dentistry”.

   Enacted provision · exact public law section
   (3) Section 752(b)(5)(B) is amended by striking out “other than a school of medicine, osteopathy, or dentistry” and inserting in lieu thereof “other than a school referred to in subparagraph (A)”.

5. 1981

   Pub. L. 97–35 § 2709(c)(1) · 95 Stat. 357

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

      Pub. L. 97–35, § 2709(c)(1), substituted “254n” for “294v”

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

      Pub. L. 97–35, § 2709(c)(1), substituted “254l” for “294t”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–35, § 2709(c)(1), substituted “254n” for “294v” and “254l” for “294t”.

   Enacted provision · exact public law section
   (1) Section 338B(a) (as redesignated by subsection (a) of this section) is amended— (A) by striking out “section 753” and inserting in lieu thereof “section 338C”; and (B) by striking out “section 751” and inserting in lieu thereof “section 338A”.

   Effective date note
   Pub. L. 97–35, title XXVII, § 2709(h), Aug. 13, 1981, 95 Stat. 912, provided that: “The amendments made by paragraphs (2), (3), and (5)(B) of subsection (c) [amending this section] shall apply with respect to contracts entered into under the National Health Service Corps scholarship program under subpart III of part C of title VII of the Public Health Service Act [42 U.S.C. 294r et seq.] after the date of the enactment of this Act [Aug. 13, 1981]. An individual who before such date has entered into such a contract and who has not begun the period of obligated service required under such contract shall be given the opportunity to revise such contract to permit the individual to serve such period as a member of the National Health Service Corps who is not an employee of the United States.”

6. 1981

   Pub. L. 97–35 § 2709(c)(2) · 95 Stat. 357

   Substituted · 42 U.S.C. § 254m(b)

   Pub. L. 97–35, § 2709(c)(2), substituted provisions relating to notice, information, etc., for individuals required to give obligated service, for provisions relating to notice, information, etc., for individuals required to provide service under the Scholarship Program

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–35, § 2709(c)(2), substituted provisions relating to notice, information, etc., for individuals required to give obligated service, for provisions relating to notice, information, etc., for individuals required to provide service under the Scholarship Program.

   Enacted provision · exact public law section
   (2) Paragraphs (1) through (4) of section 338B(b) (as redesignated by subsection (a) of this section) are amended to read as follows: “(b) (1) If an individual is required under subsection (a) to provide service as specified in section 338A(f)(1)(B)(iv) (hereinafter in this subsection referred to as ‘obligated service’), the Secretary shall, not later than ninety days before the date described in paragraph (5), determine if the individual shall provide such service— “(A) as a member of the Corps who is a commissioned officer in the Regular or Reserve Corps of the Service or who is a civilian employee of the United States, or “(B) as a member of the Corps who is not such an officer or employee, and shall notify such individual of such determination. “(2) If the Secretary determines that an individual shall provide Obligated service, eligibility. obligated service as a member of the Corps who is a commissioned officer in the Service or a civilian employee of the United States, the Secretary shall, not later than sixty days before the date described in paragraph (5), provide such individual with sufficient information regarding the advantages and disadvantages of service as such a commissioned officer or civilian employee to enable the individual to make a decision on an informed basis. To be eligible to provide obligated service as a commissioned officer in the Service, an individual shall notify the Secretary, not later than thirty days before the date described in paragraph (5), of the individual’s desire to provide such service as such an officer. If an individual qualifies for an appointment as such an officer, the Secretary shall, as soon as possible after the date described in paragraph (5), appoint the individual as a commissioned officer of the Regular or Reserve Corps of the Service and shall designate the individual as a member of the Corps. “(3) If an individual provided notice by the Secretary under Civilian employee, designation. paragraph (2) does not qualify for appointment as a commissioned officer in the Service, the Secretary shall, as soon as possible after the date described in paragraph (5), appoint such individual as a civilian employee of the United States and designate the individual as a member of the Corps. “(4) If the Secretary determines that an individual shall provide obligated service as a member of the Corps who is not an employee of the United States, the Secretary shall, as soon as possible after the date described in paragraph (5), designate such individual as a member of the Corps to provide such service.”.

   Effective date note
   Pub. L. 97–35, title XXVII, § 2709(h), Aug. 13, 1981, 95 Stat. 912, provided that: “The amendments made by paragraphs (2), (3), and (5)(B) of subsection (c) [amending this section] shall apply with respect to contracts entered into under the National Health Service Corps scholarship program under subpart III of part C of title VII of the Public Health Service Act [42 U.S.C. 294r et seq.] after the date of the enactment of this Act [Aug. 13, 1981]. An individual who before such date has entered into such a contract and who has not begun the period of obligated service required under such contract shall be given the opportunity to revise such contract to permit the individual to serve such period as a member of the National Health Service Corps who is not an employee of the United States.”

7. 1981

   Pub. L. 97–35 § 2709(c)(3) · 95 Stat. 357

   Substituted · 42 U.S.C. § 254m(c)

   Pub. L. 97–35, § 2709(c)(3), (4), in par. (1) inserted reference to designation under subsec. (b)(3) or (4) of this section, and in par. (2) substituted “254n” for “294v”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–35, § 2709(c)(3), (4), in par. (1) inserted reference to designation under subsec. (b)(3) or (4) of this section, and in par. (2) substituted “254n” for “294v”.

   Enacted provision · exact public law section
   (3) Section 338B(c)(1) (as redesignated by subsection (a) of this 42 USC 254m. section) is amended by striking out “or as a member of the Corps” and inserting in lieu thereof “or is designated as a member of the Corps under subsection (b)(3) or (b)(4)”.

   Effective date note
   Pub. L. 97–35, title XXVII, § 2709(h), Aug. 13, 1981, 95 Stat. 912, provided that: “The amendments made by paragraphs (2), (3), and (5)(B) of subsection (c) [amending this section] shall apply with respect to contracts entered into under the National Health Service Corps scholarship program under subpart III of part C of title VII of the Public Health Service Act [42 U.S.C. 294r et seq.] after the date of the enactment of this Act [Aug. 13, 1981]. An individual who before such date has entered into such a contract and who has not begun the period of obligated service required under such contract shall be given the opportunity to revise such contract to permit the individual to serve such period as a member of the National Health Service Corps who is not an employee of the United States.”

8. 1981

   Pub. L. 97–35 § 2709(c)(5) · 95 Stat. 357

   1. Inserted · 42 U.S.C. § 254m(d)

      Pub. L. 97–35, § 2709(c)(5), inserted provision relating to individuals who are officers in the Service or civilian employees of the United States

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

      Pub. L. 97–35, § 2709(c)(5), substituted reference to sections 254d to 254h, 254j, and 254k of this title, for reference to subpart II of part D of subchapter II of this chapter

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–35, § 2709(c)(5), inserted provision relating to individuals who are officers in the Service or civilian employees of the United States, and substituted reference to sections 254d to 254h, 254j, and 254k of this title, for reference to subpart II of part D of subchapter II of this chapter.

   Enacted provision · exact public law section
   (5) (A) The first sentence of section 338B(d) (as redesignated by subsection (a) of this section) is amended by striking out “subpart II of part D of title III” and inserting in lieu thereof “sections 331 through 335 and sections 337 and 338”. (B) The second sentence of such section is amended by inserting after “written contract” the following: “and if such individual is an officer in the Service or a civilian employee of the United States”.

   Effective date note
   Pub. L. 97–35, title XXVII, § 2709(h), Aug. 13, 1981, 95 Stat. 912, provided that: “The amendments made by paragraphs (2), (3), and (5)(B) of subsection (c) [amending this section] shall apply with respect to contracts entered into under the National Health Service Corps scholarship program under subpart III of part C of title VII of the Public Health Service Act [42 U.S.C. 294r et seq.] after the date of the enactment of this Act [Aug. 13, 1981]. An individual who before such date has entered into such a contract and who has not begun the period of obligated service required under such contract shall be given the opportunity to revise such contract to permit the individual to serve such period as a member of the National Health Service Corps who is not an employee of the United States.”

9. 1981

   Pub. L. 97–35 § 2709(c)(6) · 95 Stat. 357

   Substituted · 42 U.S.C. § 254m(e)

   Pub. L. 97–35, § 2709(c)(6), substituted provisions respecting mandatory determination of service requirement, for provisions respecting discretionary determination of service requirement

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–35, § 2709(c)(6), substituted provisions respecting mandatory determination of service requirement, for provisions respecting discretionary determination of service requirement.

   Enacted provision · exact public law section
   (6) Section 338B(e) (as redesignated by subsection (a) of this section) is amended to read as follows: “(e) Notwithstanding any other provision of this title, service of an individual under a National Research Service Award awarded under subparagraph (A) or (B) of section 472(a)(1) shall be counted against 42 USC 289l–1. the period of obligated service which the individual is required to perform under the Scholarship Program.”.

   Effective date note
   Pub. L. 97–35, title XXVII, § 2709(h), Aug. 13, 1981, 95 Stat. 912, provided that: “The amendments made by paragraphs (2), (3), and (5)(B) of subsection (c) [amending this section] shall apply with respect to contracts entered into under the National Health Service Corps scholarship program under subpart III of part C of title VII of the Public Health Service Act [42 U.S.C. 294r et seq.] after the date of the enactment of this Act [Aug. 13, 1981]. An individual who before such date has entered into such a contract and who has not begun the period of obligated service required under such contract shall be given the opportunity to revise such contract to permit the individual to serve such period as a member of the National Health Service Corps who is not an employee of the United States.”

10. 1983

    Pub. L. 97–414 § 8(g)(1) · 96 Stat. 2049

    Inserted · 42 U.S.C. § 254m(e)

    Pub. L. 97–414 inserted “or under section 234 of this title as in effect on September 30, 1977” after “Scholarship Program”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–414 inserted “or under section 234 of this title as in effect on September 30, 1977” after “Scholarship Program”.

    Enacted provision · exact public law section
    (1) Section 338B(e) of the Public Health Service Act (42 U.S.C. 254m–(e)) is amended by inserting before the period the following: “or under section 225 as in effect on September 30, 1977”.

11. 1987

    Pub. L. 100–177 § 306(1) · 101 Stat. 986

    Inserted · 42 U.S.C. § 254m(a)

    Pub. L. 100–177, § 306(1), inserted “or 254l–1”, and 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. (a). Pub. L. 100–177, § 306(1), inserted “or 254l–1”, and 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
    (1) in subsection (a)— (A) by striking out “338C” and inserting in lieu thereof “338D”; and (B) by inserting “or 338B” after “338A”;

12. 1987

    Pub. L. 100–177 § 306(2) · 101 Stat. 986

    Inserted · 42 U.S.C. § 254m(b)(1)

    Pub. L. 100–177, § 306(2), inserted reference to section 254l–l(f)(1)(B)(iv)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 100–177, § 306(2), inserted reference to section 254l–l(f)(1)(B)(iv).

    Enacted provision · exact public law section
    (2) in subsection (b)(1), by inserting “or 338B(f)(1)(B)(iv)” after “388A(f)(1)(B)(iv)”;

13. 1987

    Pub. L. 100–177 § 306(3) · 101 Stat. 986

    Substituted · 42 U.S.C. § 254m(b)(5)

    Pub. L. 100–177, § 306(3), substituted par. (5) consisting of subpars. (A) to (E) for former par. (5) consisting of subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 100–177, § 306(3), substituted par. (5) consisting of subpars. (A) to (E) for former par. (5) consisting of subpars. (A) and (B).

    Enacted provision · exact public law section
    (3) in subsection (b), by striking out paragraph (5) and inserting in lieu thereof the following new paragraph: “(5) (A) Fellowships and scholarships. Education. Contracts. In the case of the Scholarship Program, with respect to an individual receiving a degree from a school of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, or pharmacy, the date referred to in paragraphs (1) through (4) shall be the date on which the individual completes the training required for such degree, except that— “(i) at the request of such an individual with whom the Secretary has entered into a contract under section 338A prior to October 1, 1985, the Secretary shall defer such date until the end of the period of time (not to exceed the number of years specified in subparagraph (B) or such greater period as the Secretary, consistent with the needs of the Corps, may au-thorize) required for the individual to complete an internship, residency, or other advanced clinical training; and “(ii) at the request of such an individual with whom the Secretary has entered into a contract under section 338A on or after October 1, 1985, the Secretary may defer such date in accordance with clause (i). “(B) (i) In the case of the Scholarship Program, with respect to an individual receiving a degree from a school of medicine, osteopathy, or dentistry, the number of years referred to in subparagraph (A)(i) shall be 3 years. “(ii) In the case of the Scholarship Program, with respect to an individual receiving a degree from a school of veterinary medicine, optometry, podiatry, or pharmacy, the number of years referred to in subparagraph (A)(i) shall be 1 year. “(C) No period of internship, residency, or other advanced clinical training shall be counted toward satisfying a period of obligated service under this subpart. “(D) In the case of the Scholarship Program, with respect to an individual receiving a degree from an institution other than a school referred to in subparagraph (A), the date referred to in paragraphs (1) through (4) shall be the date on which the individual completes the academic training of the individual leading to such degree. “(E) In the case of the Loan Repayment Program, if an individual is required to provide obligated service under such Program, the date referred to in paragraphs (1) through (4)— “(i) shall be the date determined under subparagraph (A), (B), or (D) in the case of an individual who is enrolled in the final year of a course of study; “(ii) shall, in the case of an individual who is enrolled in an approved graduate training program in medicine, osteopathy, dentistry, or other health profession, be the date the individual completes such training program; and “(iii) shall, in the case of an individual who has a degree in medicine, osteopathy, dentistry, or other health profession and who has completed graduate training, be the date the individual enters into an agreement with the Secretary under section 338B.”; and

14. 1987

    Pub. L. 100–177 § 306(4) · 101 Stat. 986

    Changed · 42 U.S.C. § 254m(c)(2)

    Pub. L. 100–177, § 306(4), 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)(2). Pub. L. 100–177, § 306(4), 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
    (4) in subsection (c)(2), by striking out “338C” and inserting in lieu thereof “338D”.

15. 1988

    Health Professions Reauthorization Act of 1988

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

    Substituted · 42 U.S.C. § 254m(b)(5)

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

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 100–607 substituted “osteopathic medicine” for “osteopathy” wherever appearing.

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

16. 1990

    National Health Service Corps Revitalization Amendments of 1990

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

    Substituted · 42 U.S.C. § 254m(d)

    Pub. L. 101–597 substituted reference to health professional shortage area for reference to health manpower shortage area wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–597 substituted reference to health professional shortage area for reference to health manpower shortage area wherever appearing.

    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.

17. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 311(1)(A) · 116 Stat. 1621

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

    Pub. L. 107–251, § 311(1)(A), substituted “section 254l(f)(1)(B)(v)” for “254l(f)(1)(B)(iv)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 107–251, § 311(1)(A), substituted “section 254l(f)(1)(B)(v)” for “254l(f)(1)(B)(iv)” in introductory provisions.

    Enacted provision · exact public law section
    (A) in paragraph (1), in the matter preceding subparagraph (A), by striking “section 338A(f)(1)(B)(iv)” and inserting “section 338A(f)(1)(B)(v)”; and

18. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 311(1)(B)(i) · 116 Stat. 1621

    1. Added · 42 U.S.C. § 254m(b)(5)(A)

       Pub. L. 107–251, § 311(1)(B)(i), added subpar. (A)

    2. Struck · 42 U.S.C. § 254m(b)(5)(A)

       Pub. L. 107–251, § 311(1)(B)(i), struck out former subpar. (A) which read as follows: “In the case of the Scholarship Program, with respect to an individual receiving a degree from a school of medicine, osteopathic medicine, dentistry, veterinary medicine, optometry, podiatry, or pharmacy, the date referred to in paragraphs (1) through (4) shall be the date on which the individual completes the training required for such degree, except that—

    Source evidence

    Code amendment note
    Subsec. (b)(5)(A). Pub. L. 107–251, § 311(1)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: “In the case of the Scholarship Program, with respect to an individual receiving a degree from a school of medicine, osteopathic medicine, dentistry, veterinary medicine, optometry, podiatry, or pharmacy, the date referred to in paragraphs (1) through (4) shall be the date on which the individual completes the training required for such degree, except that—

    “(i) at the request of such an individual with whom the Secretary has entered into a contract under section 254l of this title prior to October 1, 1985, the Secretary shall defer such date until the end of the period of time (not to exceed the number of years specified in subparagraph (B) or such greater period as the Secretary, consistent with the needs of the Corps, may authorize) required for the individual to complete an internship, residency, or other advanced clinical training; and “(ii) at the request of such an individual with whom the Secretary has entered into a contract under section 254l of this title on or after October 1, 1985, the Secretary may defer such date in accordance with clause (i).”

    Enacted provision · exact public law section
    (i) by striking all that precedes subparagraph (C) and inserting the following: “(5) (A) In the case of the Scholarship Program, the date referred to in paragraphs (1) through (4) shall be the date on which the individual completes the training required for the degree for which the individual receives the scholarship, except that— “(i) for an individual receiving such a degree after September 30, 2000, from a school of medicine or osteopathic medicine, such date shall be the date the individual completes a residency in a specialty that the Secretary determines is consistent with the needs of the Corps; and “(ii) at the request of an individual, the Secretary may, consistent with the needs of the Corps, defer such date until the end of a period of time required for the individual to complete advanced training (including an internship or residency).”;

19. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 311(1)(B)(i) · 116 Stat. 1621

    1. Redesignated · 42 U.S.C. § 254m(b)(5)(B)

       Pub. L. 107–251, § 311(1)(B)(i), (iii), redesignated subpar. (C) as (B)

    2. Struck · 42 U.S.C. § 254m(b)(5)(B)

       Pub. L. 107–251, § 311(1)(B)(i), (iii), struck out former subpar. (B) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b)(5)(B). Pub. L. 107–251, § 311(1)(B)(i), (iii), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows:

    “(B)(i) In the case of the Scholarship Program, with respect to an individual receiving a degree from a school of medicine, osteopathic medicine, or dentistry, the number of years referred to in subparagraph (A)(i) shall be 3 years. “(ii) In the case of the Scholarship Program, with respect to an individual receiving a degree from a school of veterinary medicine, optometry, podiatry, or pharmacy, the number of years referred to in subparagraph (A)(i) shall be 1 year.”

    Enacted provision · exact public law section
    (i) by striking all that precedes subparagraph (C) and inserting the following: “(5) (A) In the case of the Scholarship Program, the date referred to in paragraphs (1) through (4) shall be the date on which the individual completes the training required for the degree for which the individual receives the scholarship, except that— “(i) for an individual receiving such a degree after September 30, 2000, from a school of medicine or osteopathic medicine, such date shall be the date the individual completes a residency in a specialty that the Secretary determines is consistent with the needs of the Corps; and “(ii) at the request of an individual, the Secretary may, consistent with the needs of the Corps, defer such date until the end of a period of time required for the individual to complete advanced training (including an internship or residency).”;

20. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 311(1)(B)(iii) · 116 Stat. 1621

    Redesignated · 42 U.S.C. § 254m(b)(5)(C)

    Pub. L. 107–251, § 311(1)(B)(iii), redesignated subpar. (E) as (C). Former subpar. (C) redesignated (B)

    Source evidence

    Code amendment note
    Subsec. (b)(5)(C). Pub. L. 107–251, § 311(1)(B)(iii), redesignated subpar. (E) as (C). Former subpar. (C) redesignated (B).

    Enacted provision · exact public law section
    (iii) by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C), respectively; and

21. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 311(1)(B)(iv) · 116 Stat. 1621

    Substituted · 42 U.S.C. § 254m(b)(5)(C)(i)

    Pub. L. 107–251, § 311(1)(B)(iv), substituted “subparagraph (A)” for “subparagraph (A), (B), or (D)”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(C)(i). Pub. L. 107–251, § 311(1)(B)(iv), substituted “subparagraph (A)” for “subparagraph (A), (B), or (D)”.

    Enacted provision · exact public law section
    (iv) in clause (i) of subparagraph (C) (as redesignated by clause (iii)) by striking “subparagraph (A), (B), or (D)” and inserting “subparagraph (A)”; and

22. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 311(1)(B)(ii) · 116 Stat. 1621

    Struck · 42 U.S.C. § 254m(b)(5)(D)

    Pub. L. 107–251, § 311(1)(B)(ii), struck out subpar. (D) which read as follows: “In the case of the Scholarship Program, with respect to an individual receiving a degree from an institution other than a school referred to in subparagraph (A), the date referred to in paragraphs (1) through (4) shall be the date on which the individual completes the academic training of the individual leading to such degree.”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(D). Pub. L. 107–251, § 311(1)(B)(ii), struck out subpar. (D) which read as follows: “In the case of the Scholarship Program, with respect to an individual receiving a degree from an institution other than a school referred to in subparagraph (A), the date referred to in paragraphs (1) through (4) shall be the date on which the individual completes the academic training of the individual leading to such degree.”

    Enacted provision · exact public law section
    (ii) by striking subparagraph (D);

23. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 311(1)(B)(iii) · 116 Stat. 1621

    Redesignated · 42 U.S.C. § 254m(b)(5)(E)

    Pub. L. 107–251, § 311(1)(B)(iii), redesignated subpar. (E) as (C)

    Source evidence

    Code amendment note
    Subsec. (b)(5)(E). Pub. L. 107–251, § 311(1)(B)(iii), redesignated subpar. (E) as (C).

    Enacted provision · exact public law section
    (iii) by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C), respectively; and

24. 2002

    Health Care Safety Net Amendments of 2002

    Pub. L. 107–251 § 311(2) · 116 Stat. 1621

    Struck · 42 U.S.C. § 254m(e)

    Pub. L. 107–251, § 311(2), struck out subsec. (e) which related to service under National Research Service Award program as credit against obligated service time

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–251, § 311(2), struck out subsec. (e) which related to service under National Research Service Award program as credit against obligated service time.

    Enacted provision · exact public law section
    (2) by striking subsection (e).

25. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 § 10501(n)(5) · 124 Stat. 119

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

       Pub. L. 111–148, § 10501(n)(5), in second sentence, substituted “The Secretary may treat teaching as clinical practice for up to 20 percent of such period of obligated service” for “For the purpose of calculating time spent in full-time clinical practice under this subsection, up to 50 percent of time spent teaching by a member of the Corps may be counted toward his or her service obligation”

    2. Inserted · 42 U.S.C. § 254m(a)

       Pub. L. 111–148, § 10501(n)(5), in second sentence, inserted at end “Notwithstanding the preceding sentence, with respect to a member of the Corps participating in the teaching health centers graduate medical education program under section 256h of this title, for the purpose of calculating time spent in full-time clinical practice under this section, up to 50 percent of time spent teaching by such member may be counted toward his or her service obligation.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–148, § 10501(n)(5), in second sentence, substituted “The Secretary may treat teaching as clinical practice for up to 20 percent of such period of obligated service” for “For the purpose of calculating time spent in full-time clinical practice under this subsection, up to 50 percent of time spent teaching by a member of the Corps may be counted toward his or her service obligation” and inserted at end “Notwithstanding the preceding sentence, with respect to a member of the Corps participating in the teaching health centers graduate medical education program under section 256h of this title, for the purpose of calculating time spent in full-time clinical practice under this section, up to 50 percent of time spent teaching by such member may be counted toward his or her service obligation.”

    Enacted provision · exact public law section
    (5) Subsection (a) of section 338C of the Public Health Service Act (42 U.S.C. 254m), as amended by section 5508, is amended— (A) by striking the second sentence and inserting the following: “The Secretary may treat teaching as clinical practice for up to 20 percent of such period of obligated service.”; and (B) by adding at the end the following: “Notwithstanding the preceding sentence, with respect to a member of the Corps participating in the teaching health centers graduate medical education program under section 340H, for the purpose of calculating time spent in full-time clinical practice under this section, up to 50 percent of time spent teaching by such member may be counted toward his or her service obligation.”.

26. 2010

    Patient Protection and Affordable Care Act

    Pub. L. 111–148 § 5508(b) · 124 Stat. 119

    Amended · 42 U.S.C. § 254m(a)

    Pub. L. 111–148, § 5508(b), amended subsec. (a) generally. Prior to amendment, text read as follows: “Except as provided in section 254n of this title, each individual who has entered into a written contract with the Secretary under section 254l or 254l–1 of this title shall provide service in the full-time clinical practice of such individual’s profession as a member of the Corps for the period of obligated service provided in such contract.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–148, § 5508(b), amended subsec. (a) generally. Prior to amendment, text read as follows: “Except as provided in section 254n of this title, each individual who has entered into a written contract with the Secretary under section 254l or 254l–1 of this title shall provide service in the full-time clinical practice of such individual’s profession as a member of the Corps for the period of obligated service provided in such contract.”

    Enacted provision · exact public law section
    (b) National Health Service Corps Teaching Capacity.— Section 338C(a) of the Public Health Service Act (42 U.S.C. 254m(a)) is amended to read as follows: “(a) Service in Full-time Clinical Practice.— Except as provided in section 338D, each individual who has entered into a written contract with the Secretary under section 338A or 338B shall provide service in the full-time clinical practice of such individual’s profession as a member of the Corps for the period of obligated service provided in such contract. For the purpose of calculating time spent in full-time clinical practice under this subsection, up to 50 percent of time spent teaching by a member of the Corps may be counted toward his or her service obligation.” .

32 of 32 references resolved to an enrolled provision