2016 North Dakota Century Code Title 43 Occupations and Professions Chapter 43-28.1 Dentists' Loan Repayment Program
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CHAPTER 43-28.1
DENTISTS' LOAN REPAYMENT PROGRAM
43-28.1-01. Loan repayment program - Dentists - Defined need - Maximum amount of
funds.
Each year the state health council shall select, from a pool of applicants, dentists who shall
provide dental services in cities or surrounding areas, or both, in this state which the state
health council identifies as having a defined need for dental services. The dentists selected from
this pool of applicants may include dentists who will provide dental services in a public health
clinic, a practice with a focus on an underserved population, or a nonprofit dental clinic. The
dentists are eligible to receive funds for the repayment of their education loans. The funds,
which are payable over a five-year period, may not exceed one hundred thousand dollars per
applicant. If the state health council accepts any gifts, grants, or donations under this chapter,
the council may select additional dentists for participation in the loan repayment program under
this chapter.
43-28.1-01.1. Loan repayment program for dentists in public health and nonprofit
dental clinics.
Repealed by S.L. 2015, ch. 303, § 6.
43-28.1-02. Loan repayment program - Dentists - Powers of state health council.
Repealed by S.L. 2015, ch. 303, § 6.
43-28.1-03. Criteria.
1.
The health council shall establish criteria to be used in selecting qualified dentists and
in identifying cities or surrounding areas, or both, that have a defined need for dental
services. The criteria must include consideration of:
a. The number of dentists already providing dental services in the city or
surrounding areas, or both;
b. Access to dental services in the city and the surrounding areas;
c. How the dentist will provide dental services in a public health clinic, a practice
with a focus on an underserved population, or a nonprofit dental clinic; and
d. The dentist's training in general dentistry or in a dental specialty and the extent to
which such services are needed in the identified city or surrounding areas, or
both.
2. For purposes of a dentist selected for loan payment under this chapter who practices
within fifteen miles [24.14 kilometers] of the city limits of one of the three largest cities
in the state, to qualify to receive a yearly disbursement under this chapter during that
year of obligated service, the dentist must have:
a. Received dental medical payments of at least twenty thousand dollars in the form
of medical assistance reimbursement; or
b. Practiced at least two full workdays per week at a public health clinic or at a
nonprofit dental clinic that uses a sliding fee schedule to bill the nonprofit dental
clinic's patients.
3. The health council may consult with public and private sector entities in establishing
criteria and evaluating needs based on the criteria.
43-28.1-04. Community selection criteria.
Repealed by S.L. 2015, ch. 303, § 6.
43-28.1-05. Eligible loans.
The state health council may provide for loan repayment funds to a dentist who has
received an education loan. The council may not provide funds for the repayment of any loan
that is in default at the time of the application. The amount of repayment must be related to the
dentist's outstanding education loans. A dentist is eligible to receive loan repayment funds in an
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amount equal to the outstanding balance of the dentist's education loans with applicable
interest, or one hundred thousand dollars, whichever is less. Loan repayment funds may not be
used to satisfy other service obligations under similar programs.
43-28.1-06. Breach of loan repayment contract.
If a dentist who receives loan repayment funds under this chapter breaches the loan
repayment program contract by failing to begin or failing to complete the obligated service, the
dentist is liable for the total amount of any loan repayment funds received. Any damages the
state is entitled to recover under this chapter must be paid to the state health council, within one
year from the date of the breach. Any amounts not paid within one year from the date of the
breach are subject to the collection process and may be recovered through deductions in
medicaid payments. Damages recoverable for a breach of the contract include all interest,
costs, and expenses incurred in collection, including attorney's fees. Damages collected under
this section by the state health council must be deposited in the state general fund. The state
health council may agree to accept a lesser measure of damages for breach of a loan
repayment program contract if compelling reasons are demonstrated.
43-28.1-07. Release from contract obligation.
1. The state health council shall release a dentist from the dentist's loan repayment
contract, without penalty, if:
a. The dentist has completed the service requirements of the contract;
b. The dentist is unable to complete the service requirement of the contract because
of a permanent physical disability;
c. The dentist demonstrates to the state health council extreme hardship or shows
other good cause justifying the release; or
d. The dentist dies.
2. A decision by the state health council not to release a dentist from the dentist's loan
repayment contract without penalty is reviewable by district court.
43-28.1-08. Payment.
The state health council may not provide any loan repayment funds to a dentist under this
chapter until the dentist has practiced at least six months on a full-time basis in the city or
surrounding areas, or both, the state health council has identified as having a defined need for
dental services. Loan repayment funds for a year of obligated service are payable by the state
health council no later than the end of the fiscal year in which the dentist completes the year of
obligated service.
43-28.1-09. Gifts, grants, and donations - Continuing appropriation.
The state health council may accept any conditional or unconditional gift, grant, or donation
for the purpose of providing funds for the repayment of dentists' educational loans. If any entity
desires to provide funds to the council to allow an expansion of the program beyond the dentists
contemplated by this chapter, the entity shall commit to fund fully the expansion for a period of
five years. The council may contract with any public or private entity and may expend any
moneys available to the council to obtain matching funds for the purposes of this chapter. All
money received as gifts, grants, or donations under this section is appropriated as a continuing
appropriation to the state health council for the purpose of providing funds for the repayment of
additional dentists' educational loans.
43-28.1-10. New practices - Grants.
Repealed by S.L. 2015, ch. 303, § 6.
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