US (United States) Code. Title 10. Subtitle E. Part IV. Chapter 1608: Health professions stipend program

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 1608 - HEALTH PROFESSIONS STIPEND PROGRAM 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1608 - HEALTH PROFESSIONS STIPEND PROGRAM

.

-HEAD-

CHAPTER 1608 - HEALTH PROFESSIONS STIPEND PROGRAM

-MISC1-

Sec.

16201. Financial assistance: health-care professionals in reserve

components.

16202. Reserve service: required active duty for training.

16203. Penalties and limitations.

16204. Regulations.

-CITE-

10 USC Sec. 16201 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1608 - HEALTH PROFESSIONS STIPEND PROGRAM

-HEAD-

Sec. 16201. Financial assistance: health-care professionals in

reserve components

-STATUTE-

(a) Establishment of Program. - For the purpose of obtaining

adequate numbers of commissioned officers in the reserve components

who are qualified in health professions, the Secretary of each

military department may establish and maintain a program to provide

financial assistance under this chapter to persons engaged in

training that leads to a degree in medicine or dentistry or

training in a health professions specialty that is critically

needed in wartime. Under such a program, the Secretary concerned

may agree to pay a financial stipend to persons engaged in health

care education and training in return for a commitment to

subsequent service in the Ready Reserve.

(b) Medical and Dental School Students. - (1) Under the stipend

program under this chapter, the Secretary of the military

department concerned may enter into an agreement with a person who

-

(A) is eligible to be appointed as an officer in a reserve

component;

(B) is enrolled or has been accepted for enrollment in an

institution in a course of study that results in a degree in

medicine or dentistry;

(C) signs an agreement that, unless sooner separated, the

person will -

(i) complete the educational phase of the program;

(ii) accept a reappointment or redesignation within the

person's reserve component, if tendered, based upon the

person's health profession, following satisfactory completion

of the educational and intern programs; and

(iii) participate in a residency program; and

(D) if required by regulations prescribed by the Secretary of

Defense, agrees to apply for, if eligible, and accept, if

offered, residency training in a health profession skill which

has been designated by the Secretary of Defense as a critically

needed wartime skill.

(2) Under the agreement -

(A) the Secretary of the military department concerned shall

agree to pay the participant a stipend, in the amount determined

under subsection (f), for the period or the remainder of the

period that the student is satisfactorily progressing toward a

degree in medicine or dentistry while enrolled in an accredited

medical or dental school;

(B) the participant shall not be eligible to receive such

stipend before appointment, designation, or assignment as an

officer for service in the Ready Reserve;

(C) the participant shall be subject to such active duty

requirements as may be specified in the agreement and to active

duty in time of war or national emergency as provided by law for

members of the Ready Reserve; and

(D) the participant shall agree to serve in the Selected

Reserve, upon successful completion of the program, for the

period of service applicable under paragraph (3).

(3)(A) Subject to subparagraph (B), the period for which a

participant is required to serve in the Selected Reserve under the

agreement pursuant to paragraph (2)(D) shall be one year for each

period of six months, or part thereof, for which the participant is

provided a stipend pursuant to the agreement.

(B) In the case of a participant who enters into a subsequent

agreement under subsection (c) and successfully completes residency

training in a specialty designated by the Secretary of Defense as a

specialty critically needed by the military department in wartime,

the requirement to serve in the Selected Reserve may be reduced to

one year for each year, or part thereof, for which the stipend was

provided while enrolled in medical or dental school.

(c) Physicians and Dentists in Critical Wartime Specialties. -

(1) Under the stipend program under this chapter, the Secretary of

the military department concerned may enter into an agreement with

a person who -

(A) is a graduate of a medical school or dental school;

(B) is eligible for appointment, designation, or assignment as

a medical officer or dental officer in the Reserve of the armed

force concerned or has been appointed as a medical or dental

officer in the Reserve of the armed force concerned; and

(C) is enrolled or has been accepted for enrollment in a

residency program for physicians or dentists in a medical or

dental specialty designated by the Secretary concerned as a

specialty critically needed by that military department in

wartime.

(2) Under the agreement -

(A) the Secretary shall agree to pay the participant a stipend,

in an amount determined under subsection (f), for the period or

the remainder of the period of the residency program in which the

participant enrolls or is enrolled;

(B) the participant shall not be eligible to receive such

stipend before appointment, designation, or assignment as a

medical officer or dental officer for service in the Ready

Reserve;

(C) the participant shall be subject to such active duty

requirements as may be specified in the agreement and to active

duty in time of war or national emergency as provided by law for

members of the Ready Reserve; and

(D) the participant shall agree to serve, upon successful

completion of the program, one year in the Ready Reserve for each

six months, or part thereof, for which the stipend is provided,

to be served in the Selected Reserve or in the Individual Ready

Reserve as specified in the agreement.

(d) Registered Nurses in Critical Specialties. - (1) Under the

stipend program under this chapter, the Secretary of the military

department concerned may enter into an agreement with a person who

-

(A) is a registered nurse;

(B) is eligible for appointment as -

(i) a Reserve officer for service in the Army Reserve in the

Army Nurse Corps;

(ii) a Reserve officer for service in the Naval Reserve in

the Navy Nurse Corps; or

(iii) a Reserve officer for service in the Air Force Reserve

with a view to designation as an Air Force nurse under section

8067(e) of this title; and

(C) is enrolled or has been accepted for enrollment in an

accredited program in nursing in a specialty designated by the

Secretary concerned as a specialty critically needed by that

military department in wartime.

(2) Under the agreement -

(A) the Secretary shall agree to pay the participant a stipend,

in an amount determined under subsection (f), for the period or

the remainder of the period of the nursing program in which the

participant enrolls or is enrolled;

(B) the participant shall not be eligible to receive such

stipend before being appointed as a Reserve officer for service

in the Ready Reserve -

(i) in the Nurse Corps of the Army or Navy; or

(ii) as an Air Force nurse of the Air Force;

(C) the participant shall be subject to such active duty

requirements as may be specified in the agreement and to active

duty in time of war or national emergency as provided by law for

members of the Ready Reserve; and

(D) the participant shall agree to serve, upon successful

completion of the program, one year in the Ready Reserve for each

six months, or part thereof, for which the stipend is provided,

to be served in the Selected Reserve or in the Individual Ready

Reserve as specified in the agreement.

(e) Baccalaureate Students in Nursing or Other Health

Professions. - (1) Under the stipend program under this chapter,

the Secretary of the military department concerned may enter into

an agreement with a person who -

(A) will, upon completion of the program, be eligible to be

appointed, designated, or assigned as a Reserve officer for duty

as a nurse or other health professional; and

(B) is enrolled, or has been accepted for enrollment in the

third or fourth year of -

(i) an accredited baccalaureate nursing program; or

(ii) any other accredited baccalaureate program leading to a

degree in a health-care profession designated by the Secretary

concerned as a profession critically needed by that military

department in wartime.

(2) Under the agreement -

(A) the Secretary shall agree to pay the participant a stipend

of $100 per month for the period or the remainder of the period

of the baccalaureate program in which the participant enrolls or

is enrolled;

(B) the participant shall not be eligible to receive such

stipend before enlistment in the Ready Reserve;

(C) the participant shall be subject to such active duty

requirements as may be specified in the agreement and to active

duty in time of war or national emergency as provided by law for

members of the Ready Reserve; and

(D) the participant shall agree to serve, upon graduation from

the baccalaureate program, one year in the Ready Reserve for each

year, or part thereof, for which the stipend is paid.

(f) Amount of Stipend. - The amount of a stipend under an

agreement under subsection (b) or (c) shall be -

(1) the stipend rate in effect for participants in the Armed

Forces Health Professions Scholarship Program under section

2121(d) of this title, if the participant has agreed to serve in

the Selected Reserve; or

(2) one-half of that rate, if the participant has agreed to

serve in the Individual Ready Reserve.

-SOURCE-

(Added Pub. L. 100-180, div. A, title VII, Sec. 711(a)(3), Dec. 4,

1987, 101 Stat. 1108, Sec. 2128; renumbered Sec. 16201 and amended

Pub. L. 103-337, div. A, title XVI, Sec. 1663(c)(2), (5), Oct. 5,

1994, 108 Stat. 3007, 3008; Pub. L. 104-106, div. A, title VII,

Sec. 736, Feb. 10, 1996, 110 Stat. 383; Pub. L. 107-107, div. A,

title V, Sec. 539, Dec. 28, 2001, 115 Stat. 1108.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107, Sec. 539(a), struck out

''specialties critically needed in wartime'' after ''qualified in

health professions'' and substituted ''training that leads to a

degree in medicine or dentistry or training in a health professions

specialty that is critically needed in wartime'' for ''training in

such specialties'' and ''health care education and training'' for

''training in certain health care specialties''.

Subsec. (b). Pub. L. 107-107, Sec. 539(b)(2), added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 107-107, Sec. 539(b)(1), (c)(1),

redesignated subsec. (b) as (c) and inserted ''Wartime'' after

''Critical'' in heading. Former subsec. (c) redesignated (d).

Subsec. (c)(1)(B). Pub. L. 107-107, Sec. 539(c)(2), inserted ''or

has been appointed as a medical or dental officer in the Reserve of

the armed force concerned'' before semicolon at end.

Subsec. (c)(2)(A). Pub. L. 107-107, Sec. 539(e), substituted

''subsection (f)'' for ''subsection (e)''.

Subsec. (c)(2)(D). Pub. L. 107-107, Sec. 539(d), substituted

''one year in the Ready Reserve for each six months'' for ''two

years in the Ready Reserve for each year''.

Subsec. (d). Pub. L. 107-107, Sec. 539(b)(1), redesignated

subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(2)(A). Pub. L. 107-107, Sec. 539(e), substituted

''subsection (f)'' for ''subsection (e)''.

Subsec. (d)(2)(D). Pub. L. 107-107, Sec. 539(d), substituted

''one year in the Ready Reserve for each six months'' for ''two

years in the Ready Reserve for each year''.

Subsecs. (e), (f). Pub. L. 107-107, Sec. 539(b)(1), redesignated

subsecs. (d) and (e) as (e) and (f), respectively.

1996 - Subsec. (b). Pub. L. 104-106, Sec. 736(1), inserted ''and

Dentists'' in heading.

Subsec. (b)(1)(A). Pub. L. 104-106, Sec. 736(2), inserted ''or

dental school'' after ''medical school''.

Subsec. (b)(1)(B). Pub. L. 104-106, Sec. 736(3), inserted ''or

dental officer'' after ''medical officer''.

Subsec. (b)(1)(C). Pub. L. 104-106, Sec. 736(4), substituted

''physicians or dentists in a medical or dental specialty'' for

''physicians in a medical specialty''.

Subsec. (b)(2)(B). Pub. L. 104-106, Sec. 736(3), inserted ''or

dental officer'' after ''medical officer''.

1994 - Pub. L. 103-337, Sec. 1663(c)(2), renumbered section 2128

of this title as this section.

Subsecs. (a), (b)(1), (c)(1), (d)(1). Pub. L. 103-337, Sec.

1663(c)(5), substituted ''chapter'' for ''subchapter''.

Subsec. (f). Pub. L. 103-337, Sec. 1663(c)(2), struck out subsec.

(f) which defined ''Individual Ready Reserve''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

PAYMENTS FOR PERIOD PRIOR TO DECEMBER 4, 1987

Section 711(e)(2) of Pub. L. 100-180 provided that: ''An

agreement entered into by the Secretary of a military department

under section 2128 (now 16201) of title 10, United States Code, as

added by subsection (a), may not obligate the United States to make

a payment for any period before the date of the enactment of this

Act (Dec. 4, 1987).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 16202 of this title.

-CITE-

10 USC Sec. 16202 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1608 - HEALTH PROFESSIONS STIPEND PROGRAM

-HEAD-

Sec. 16202. Reserve service: required active duty for training

-STATUTE-

(a) Selected Reserve. - A person who is required under an

agreement under section 16201 of this title to serve in the

Selected Reserve shall serve not less than 12 days of active duty

for training each year during the period of service required by the

agreement.

(b) IRR Service. - A person who is required under an agreement

under section 16201 of this title to serve in the Individual Ready

Reserve shall serve -

(1) not less than 30 days of initial active duty for training;

and

(2) not less than five days of active duty for training each

year during the period of service required by the agreement.

-SOURCE-

(Added Pub. L. 100-180, div. A, title VII, Sec. 711(a)(3), Dec. 4,

1987, 101 Stat. 1111, Sec. 2129; renumbered Sec. 16202 and amended

Pub. L. 103-337, div. A, title XVI, Sec. 1663(c)(3), (6), Oct. 5,

1994, 108 Stat. 3007, 3008.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1663(c)(3), renumbered section 2129

of this title as this section.

Subsecs. (a), (b). Pub. L. 103-337, Sec. 1663(c)(6), substituted

''16201'' for ''2128''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-CITE-

10 USC Sec. 16203 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1608 - HEALTH PROFESSIONS STIPEND PROGRAM

-HEAD-

Sec. 16203. Penalties and limitations

-STATUTE-

(a) Failure to Complete Program of Training. - (1) A member of

the program who, under regulations prescribed by the Secretary of

Defense, is dropped from the program for deficiency in training, or

for other reasons, shall be required, at the discretion of the

Secretary concerned -

(A) to perform one year of active duty for each year (or part

thereof) for which such person was provided financial assistance

under this section; or

(B) to repay the United States an amount equal to the total

amount paid to such person under the program.

(2) The Secretary of a military department, under regulations

prescribed by the Secretary of Defense, may relieve a member

participating in the program who is dropped from the program from

any requirement that may be imposed under paragraph (1), but such

relief shall not relieve him from any military obligation imposed

by any other law.

(b) Prohibitions of Duplicate Benefits. - Financial assistance

may not be provided under this section to a member receiving

financial assistance under section 2107 of this title.

-SOURCE-

(Added Pub. L. 100-180, div. A, title VII, Sec. 711(a)(3), Dec. 4,

1987, 101 Stat. 1111, Sec. 2130; renumbered Sec. 16203 and amended

Pub. L. 103-337, div. A, title XVI, Sec. 1663(c)(4), Oct. 5, 1994,

108 Stat. 3008.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 1663(c)(4), renumbered section 2130

of this title as this section and substituted ''Penalties and

limitations'' for ''Penalties, limitations, and other

administrative provisions'' as section catchline.

Subsec. (c). Pub. L. 103-337, Sec. 1663(c)(4)(A), struck out

subsec. (c) which related to regulations. See section 16204 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of this title.

-CITE-

10 USC Sec. 16204 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1608 - HEALTH PROFESSIONS STIPEND PROGRAM

-HEAD-

Sec. 16204. Regulations

-STATUTE-

This chapter shall be administered under regulations prescribed

by the Secretary of Defense.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1663(c)(1), Oct.

5, 1994, 108 Stat. 3007.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2130(c) of this title, prior to amendment by Pub. L.

103-337, Sec. 1663(c)(4)(A).

EFFECTIVE DATE

Section effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

-CITE-