Compilation of Rules and Regulations of the State of Georgia
Department 195 - GEORGIA BOARD FOR HEALTH CARE WORKFORCE
Chapter 195-11 - SCHOLARSHIP PROGRAM
Rule 195-11-.01 - General Definitions

(1) "Georgia Board of Health Care Workforce" means the organization and its office created under O.C.G.A. § 20-3-510et seq. and authorized to administer a medical scholarship program.

(2) "Scholarship Program" refers to that program of the Georgia Board of Health Care Workforce authorized under O.C.G.A. § 20-3-512et seq., which awards financial scholarships to medical students who, in return, agree to become practicing physicians in rural areas of Georgia.

(3) "Scholarship Contract" refers to the legally binding agreement between Georgia Board of Health Care Workforce and the medical student recipient.

(4) "Scholarship Award" means the amount of state appropriated funds available to be awarded through contracts between the Georgia Board of Health Care Workforce and medical student recipients.

(5) "Bona fide Citizen of the United States and Legal Resident of Georgia" refers to, as minimum qualification, any eligible applicant for scholarship funds who is a citizen of the United States and who has established residence in the State of Georgia. Residence is verified by submission of a Certification of Residency form duly executed by the Clerk of Court in the county of the applicant's legal Georgia residence.

(6) "Eligible and Qualified Student" refers to any bona fide citizen of the United States and Georgia resident who has been accepted into an accredited medical school seeking either the degree of Doctor of Medicine (M.D.) or Doctor of Osteopathy (D.O.).

(7) "Scholarship Recipient" refers to an applicant who has received and accepted the award of a scholarship and signed a contract and other required documents agreeing to practice such specialty in a rural location in Georgia, as approved by the Board.

(8) "Medical School" means an institution of medical education located in the United States that has received accreditation or provisional accreditation by the Liaison Committee on Medical Education (LCME) or the Bureau of Professional Education of the American Osteopathic Association (AOA) for a program in medical education designed to qualify the graduate for licensure by the Georgia Composite Medical Board.

(9) "Service Obligation" means the period of service completed by the scholarship recipient in a practice location approved by the Board in a rural area of Georgia or in a designated state facility as required under the provisions of the scholarship contract. The service obligation must begin within ninety (90) days of the completion of an accredited graduated medical education program.

(10) "Strong Commitment" means evidence from interviews and personal statements, or other instruments that the Board, in its sole judgment, deems to be predictive of the student's future practice of medicine in a rural community in Georgia.

(11) "Approved Practice Location" means the Board has approved a practice location for service repayment for the primary care specialties of family medicine, general internal medicine, and general pediatrics in a rural county in Georgia of 50,000 population or less according to the United States decennial census of 2010 or any future such census, or in an area of this state which is rural and underserved by primary care physicians as determined by the Board, or a hospital or facility operated by or under the jurisdiction of the Department of Public Health, or a facility operated by or under the jurisdiction of the Department of Corrections, or a facility operated by or under the jurisdiction of the Department of Juvenile Justice or a facility operated by or under the jurisdiction of the Department of Behavioral Health and Developmental Disabilities. Facilities falling under jurisdiction of the mentioned state agencies must include physician employment by approved agency or, in the case of contracted employment, the physician must be treating patients of the approved agency with equal provisions given to that agency's missions.

(12) "Underserved and Rural Area for the primary care specialty of Obstetrics/Gynecology and other critical need specialties" is defined as a regional area composed of counties located in rural Georgia where an unmet need for physicians in the primary care specialty of Obstetrics/Gynecology and other critical needs specialties exists as determined by the Georgia Board of Health Care Workforce and approved by the commissioners of Community Health and Public Health.

(13) "Census Count" means the population figures published by the United States Decennial Census of the United States Bureau of the Census. For Scholarship Agreements signed during the period of January 1, 2011 through December 31, 2020, the 2010 Census Count shall serve as the authority for populations regarding eligibility of practice locations. For Scholarship Agreements signed during the period of January 1, 2001 through December 31, 2010, the 2000 Census Count shall serve as the authority for populations regarding eligibility of practice locations. For Scholarship Agreements signed during the period of January 1, 1991 through December 31, 2000, the 1990 Census Count shall serve as the authority for populations regarding eligibility of practice locations.

(14) "Contract Renewal" means the yearly renewal of the scholarship contract between the recipient and the Board provided the recipient is not repeating coursework. The contract shall not be renewed more than three times for a total of four years of medical school obligation. The contract shall not be renewed if the recipient fails to submit the Annual Report by June 15th of each year.

(15) "Annual Report" means a report the recipient must provide each year by the deadline as designated by the Board. The contract will not be renewed if the scholarship recipient fails to submit the Annual Report by the due date. The Annual Report must include:

(16) "Board Approval" refers to the action of the Board on matters including, but not limited to:

(17) "Award Amount" refers to the annual award provided to a scholarship recipient. At its annual meeting, the Georgia Board of Health Care Workforce may, within its discretion, set the award amount for new scholarships within the limit of funds appropriated by the General Assembly for the fiscal year. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the Board to defray the tuition and other expenses of the applicant in an accredited medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Georgia Composite Medical Board. Said amount shall be set forth in the official minutes of the Board.

(18) "Interest" refers to the rate of interest, as it applies to default in the event the scholarship recipient does not complete a medical degree or is unable to obtain licensure from the Georgia Composite Medical Board. The Board shall set the interest rate at its annual meeting and the interest shall be no less than twelve percent (12%) per annum compounded annually to the date the scholarship or loan is paid in full; provided, however, that the Board may consent to or agree to a lesser measure of damages for compelling reasons as determined by the Board.

(19) "Internship" means the first year of post-graduate medical training after recipient obtains an osteopathic medical school degree. The official use of the terms "intern" and "internship" was discontinued in allopathic medical education in 1976 in favor of referring to all physicians enrolled in graduate medical education programs as "residents."

(20) "Residency Training and Graduate Medical Education" means an Accreditation Council on Graduate Medical Education (A.C.G.M.E.) or American Osteopathic Association (A.O.A.) accredited education program after graduation from medical school that provides resident physicians, under supervision, with the practice experience, knowledge and skills necessary to become independent practitioners in a specified area of medical practice.

(21) "Metropolitan Statistical Areas (MSAs)" refers to those Georgia counties that the Board will not approve for service repayment for contracts written July 1, 1992 through June 30, 1999 by virtue of being deemed by the Board as not rural.

(22) "Residency or Graduate Medical Education" refers to those graduate medical education training programs, which lead to board certification in specialties most often recruited and retained in rural areas of Georgia. For scholarship recipients receiving the initial award after July 1, 2014, such specialties are limited to: Family Medicine, General Internal Medicine, and General Pediatrics. State General Appropriations will be used to fund scholarships for these specialties only.

(23) "Default" means breach of contract by the recipient.

(24) "Ad Damnum or Triple Damages" refers to the penalty resulting from a scholarship recipient defaulting on the contractual service obligation. Default requires immediate repayment of triple the total principal amount received less any pro-rated amount for repaid service as provided in the contract. The Board may consent or agree to a lesser measure of damages as determined by the Board.

(25) "Student Default" refers to scholarship recipients who are dismissed for either academic or disciplinary reasons from the college or school of medicine he or she is attending; voluntarily terminates his or her training and education in such institution for any reason prior to completion of training; or are unable to obtain licensure from the Georgia Composite Medical Board to practice medicine. These persons are immediately liable to the Board for all sums advanced with interest at the minimum rate of 12 percent per annum from the date of each payment by the Board and compounded annually to the date the scholarship or loan is paid in full; provided, however, that the Board may consent or agree to a lesser measure of damages for compelling reasons as determined by the Board.

(26) "Cancellation of Contract" refers to the discretionary power of the Georgia Board of Health Care Workforce to cancel any contract for cause deemed sufficient by the Board, provided such authority is not exercised unreasonably or arbitrarily.

(27) "Full Time" refers to the minimum number of hours of work required per week to fulfill service obligation. Full time is considered at least 32 clinical hours providing direct patient care during normal clinic hours at the approved practice site. Remaining hours must be spent providing inpatient care to patients and/or in practice-related administrative activities. On-call hours are not considered part of the full time requirement. Full time hours for an OBGYN or Family Medicine physicians who practice OB are considered at least 21 of the minimum 40 hours work week must be spent providing direct patient care during normal clinic hours at the approved practice site. The remaining hours must be spent providing inpatient care to patients of the approved site, and/or in practice related administrative activities not to exceed 8 hours per week. 40 hours per week for General Surgery is combined clinical/office hours and surgery/inpatient care with no more than 8 hours per week devoted to practice related administrative duties. For all specialties employed under state jurisdiction, the full time equivalent as recognized by the respective state or federal agency is acceptable. No more than 7 weeks (35 workdays) per year can be spent away from the practice for vacation, holidays, continuing professional education, illness or any other reason. Absences greater than 7 weeks in a service year will extend the service commitment.

(28) "Practice" refers to providing direct patient care in Board approved rural and underserved areas located within the State of Georgia.

(29) "Direct Patient Care" refers to hands on, face-to-face contact with patients for the purpose of diagnosis, treatment and monitoring.

(30) "Inability to Obtain License to Practice Medicine in Georgia" refers to failing to complete the Steps 1, 2 (clinical skills and clinical knowledge components) and 3 of the United States Medical Licensing Examination (USMLE) or Levels 1, 2 (cognitive evaluation and performance evaluation components), and 3 of the Comprehensive Osteopathic Medical Licensing Examination (COMLEX) by the time the scholarship recipient completes their primary care residency training program.

(31) "Compelling reasons" refers to conditions such as a life threatening illness or loss of ability to practice medicine or to be gainfully employed due to illness or accident. The Board may consent to a lesser measure of damages for compelling reasons.