1Amending Title 51 (Military Affairs) of the Pennsylvania
2Consolidated Statutes, providing for retention incentives for
<-3medical resident physicians medical officers or health 
4officers of the Pennsylvania National Guard; conferring
5powers and duties on the Adjutant General and Department of
6Military and Veterans Affairs; and making editorial changes.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The heading of Chapter 32 of Title 51 of the
10Pennsylvania Consolidated Statutes is amended and the chapter is
11amended by adding a subchapter heading to read:

12CHAPTER 32

13[EDUCATIONAL ASSISTANCE PROGRAM]

14MILITARY EDUCATIONAL PROGRAMS

15SUBCHAPTER A

16EDUCATIONAL ASSISTANCE PROGRAM

17Section 2. The introductory paragraph and definitions of

1"department" and "program" in section 3201 of Title 51 are
2amended to read:

3§ 3201. Definitions.

4The following words and phrases when used in this [chapter]
5subchapter shall have the meanings given to them in this section
6unless the context clearly indicates otherwise:

7* * *

8["Department." The Department of Military and Veterans
9Affairs of the Commonwealth.]

10* * *

11"Program." The Educational Assistance Program established in
12this [chapter] subchapter.

13* * *

14Section 3. Sections 3202(a) and (c), 3204(a), 3205(a), (b),
15(b.1) and (c), 3206(a)(1) and (b)(1) <-and, 3207(a) <-and 3209 of
16Title 51 are amended to read:

17§ 3202. Eligibility.

18(a) General rule.--A Pennsylvania National Guard member is
19eligible to receive a public service educational grant under
20this [chapter] subchapter if the member meets all of the
21following eligibility criteria:

22(1) The member is a qualified resident of this
23Commonwealth.

24(2) Except as otherwise provided in subsection (c) and
25section 3206(b)(relating to limitations), the member is a
26member in good standing and has been a satisfactory
27participant in Pennsylvania National Guard activities for a
28minimum service period established by the Adjutant General.

29(3) The member has enrolled as a student in an approved
30program of education at an approved institution of higher

1learning.

2* * *

3(c) Discharge for disability incurred in the line of duty.--
4A Pennsylvania National Guard member who is discharged for
5medical disability after September 11, 2001, shall remain
6eligible to receive a public service educational grant under
7this [chapter] subchapter if the member meets all of the
8following eligibility criteria:

9(1) The medical disability was incurred in the line of
10duty and was not the result of misconduct.

11(2) The medical condition giving rise to the discharge
12did not exist prior to the member entering service in the
13Pennsylvania National Guard.

14(3) The medical disability was incurred while performing
15authorized military duty other than basic training, advanced
16individual training or other equivalent initial training.

17(4) The former member received an honorable discharge
18for medical reasons.

19(5) The former member had accepted an obligation to
20serve in the Pennsylvania National Guard for a minimum period
21of service established by the Adjutant General and was
22qualified to have fulfilled such service obligation but for
23the medical disability that resulted in discharge.

24(6) The former member commences a full-time or part-time
25course of study within two years of medical discharge or
26within two years of the effective date of this subsection,
27such course of study having a completion date of not more
28than six years following the date of medical discharge for
29members discharged for medical disability on or after the
30effective date of this subsection or of not more than six

1years following the effective date of this subsection for
2members discharged for a medical disability after September
311, 2001, and before the effective date of this subsection.
4The Adjutant General may for good cause extend these
5deadlines when the former member's disability is shown to
6require additional time for the former member to commence or
7complete a course of study.

8(7) The former member meets all eligibility criteria
9specified in subsections (a) and (b) except membership in the
10Pennsylvania National Guard.

11§ 3204. Grants.

12(a) General rule.--From the funds appropriated
13[specifically] for the purposes of this [chapter] subchapter,
14grants shall be provided to eligible members for the purpose of
15pursuing approved programs of education.

16* * *

17§ 3205. Amount of grants.

18(a) Full-time student assistance grants.--Grants awarded
19under this [chapter] subchapter to full-time students shall be
20determined by the agency without regard to financial need and
21shall not exceed for each academic year the lesser of:

22(1) the tuition of the approved institution of higher
23learning for the approved program of education in which the
24member is enrolled; or

25(2) the tuition charged to a resident of this
26Commonwealth at a member institution of the State System of
27Higher Education for the same academic year.

28(b) Part-time student assistance grants.--Grants awarded
29under this [chapter] subchapter to part-time students who do not
30possess a baccalaureate degree shall be determined by the agency

1without regard to financial need and shall not exceed for each
2academic year or period the lesser of:

3(1) the tuition for the part-time course of study in
4which the member is enrolled; or

5(2) two-thirds of the tuition charged to a resident of
6the Commonwealth at a member institution of the State System
7of Higher Education for the same academic year or period.

8(b.1) Part-time student assistance grants for students
9possessing baccalaureate degrees.--Grants awarded under this
10[chapter] subchapter to part-time students who possess a
11baccalaureate degree shall be determined by the agency without
12regard to financial need and shall not exceed for each academic
13year or period the lesser of:

14(1) one-half of the tuition for the part-time course of
15study in which the member is enrolled; or

16(2) one-third of the tuition charged to a resident of
17this Commonwealth at a member institution of the State System
18of Higher Education for the same academic year or period.

19(c) Other grants.--The agency shall not reduce the amount of
20other agency grants or aid for which the eligible member
21qualifies on account of the member's eligibility for or receipt
22of grants under this [chapter] subchapter.

23* * *

24§ 3206. Limitations.

25(a) Time.--

26(1) Except as otherwise provided in paragraph (2), no
27member shall be eligible for full-time or part-time student
28assistance grants or a combination thereof under this
29[chapter] subchapter for a total of more than five academic
30years or their equivalent as determined by the agency.

1* * *

2(b) Active duty.--

3(1) Except as otherwise provided in paragraph (2) or
4(3), no grant payments shall be made under this [chapter]
5subchapter except during the eligible member's term of
6service as a member in good standing of the Pennsylvania
7National Guard.

8* * *

9§ 3207. Recoupment of grant payments.

10(a) General rule.--An eligible member who fails to meet the
11requirements of this [chapter] subchapter as a result of
12participation in this program or to meet other requirements
13established by the Adjutant General or the agency is liable to
14the Commonwealth for repayment of all grant payments made. The
15Adjutant General shall notify the agency if an eligible member
16fails to complete the service obligation, and the promissory
17note under section 3204(b) (relating to grants) shall be payment
18in full upon demand by the agency on a schedule as the agency
19may determine.

20* * *

<-21§ 3209. Administration.

22The General Assembly shall appropriate funds to pay full-time
23and part-time student assistance grants under this chapter. A
24portion of the funds appropriated may be used to pay the costs
25of the administration of this chapter. Administrative costs for
26the [1996-1997] fiscal year beginning July 1, 2014, and each 
27fiscal year thereafter, shall not exceed [5%] 3.5% of the total
28amount of funds appropriated. [Administrative costs in
29subsequent years shall not exceed 4% of the total amount of
30funds appropriated and shall be based on the processing fee for

1the total number of applications.]

2Section 4. Chapter 32 of Title 51 is amended by adding
3subchapters to read:

<-4SUBCHAPTER B

5MILITARY PHYSICIAN INCENTIVE PROGRAM

6Sec.

73211. Definitions.

83212. Establishment of program.

93213. Military resident physician stipend.

103214. Additional military physician incentives.

113215. Promissory note.

123216. Recoupment of incentive payments.

133217. Adjustment of stipend amounts.

14§ 3211. Definitions.

15The following words and phrases when used in this subchapter
16shall have the meanings given to them in this section unless the
17context clearly indicates otherwise:

18"Adjutant General." The Adjutant General of the
19Commonwealth.

20"Member in good standing." A member of the Pennsylvania
21National Guard who meets all medical, training, physical and
22educational requirements for service and who is a satisfactory
23participant in all scheduled duties and training periods.

24"Military physician." A licensed medical doctor or doctor of
25osteopathy who is an officer who is a member in good standing of
26the Pennsylvania National Guard assigned to and serving in an
27authorized Army Medical Corps or Air Force Medical Corps
28position.

29"Military resident physician." An officer who is a member in
30good standing of the Pennsylvania National Guard, is a graduate

1of an accredited school of medicine and is a holder of a medical
2license and enrolled in an accredited medical residency program.

3"Program." The Military Physician Incentive Program
4established in this subchapter.

5§ 3212. Establishment of program.

6The Military Physician Incentive Program is established
7within the department to provide educational stipends to
8eligible military resident physicians in accordance with the
9provisions of this subchapter.

10§ 3213. Military resident physician stipend.

11(a) General rule.--A military resident physician is eligible
12to receive a stipend of $15,000 per year for up to four years of
13medical residency if the member meets all of the eligibility
14requirements under subsection (b).

15(b) Requirements.--In order to qualify for the military
16resident physician stipend, a military resident physician must
17meet all of the following:

18(1) Be assigned to an appropriate medical position in
19the Pennsylvania National Guard.

20(2) Agree to serve as a military physician in the
21Pennsylvania National Guard after completion of residency for
22one year for each annual stipend received. This service
23obligation shall be concurrent with any other military
24service obligation of the applicant.

25(c) Receipt of stipend.--Stipends will be paid to an
26eligible military resident physician whose application for the
27stipend is approved at the completion of each year of residency.

28(d) Adjustments.--If the Adjutant General determines that
29the amount available for the program in any year will be
30insufficient to provide stipends in the amount described in this

1section to all applicants, he may place a cap on the number of
2military resident physicians eligible to receive stipends or may
3adjust the amount of the annual stipend.

4§ 3214. Additional military physician incentives.

5To the extent that funds are appropriated and available, the
6Adjutant General may, by military regulation, establish
7additional incentives to aid in the recruitment and retention of
8military physicians in the Pennsylvania National Guard, provided
9that payment of such additional incentives shall not result in a
10cap on participation or reduction in the amount of stipends paid
11under section 3213 (relating to military resident physician
12stipend).

<-13SUBCHAPTER B

14MEDICAL OFFICER OR HEALTH OFFICER INCENTIVE PROGRAM

15Sec.

163211. Definitions.

173212. Establishment of program.

183213. Program stipend.

193214. Additional incentives.

203215. Promissory note.

213216. Recoupment of incentive payments.

223217. Adjustment of stipend amounts.

23§ 3211. Definitions.

24The following words and phrases when used in this subchapter
25shall have the meanings given to them in this section unless the
26context clearly indicates otherwise:

27"Behavioral health officer." An officer who:

28(1) holds a license to practice psychology under the act 
29of March 23, 1972 (P.L.136, No.52), known as the Professional 
30Psychologists Practice Act, or is a licensed clinical social
 

1worker as defined in section 3 of the act of July 9, 1987 
2(P.L.220, No.39), known as the Social Workers, Marriage and 
3Family Therapists and Professional Counselors Act;

4(2) has malpractice insurance, is self-insured or
5maintains insurance through a private employer; and

6(3) meets any applicable Federal requirements for the
7Pennsylvania National Guard.

8"Medical officer or health officer." An officer who is any
9of the following:

10(1) A resident physician.

11(2) A physician.

12(3) A physician assistant.

13(4) A behavioral health officer.

14(5) A public health officer or environmental science
15officer.

16"Member in good standing." A member of the Pennsylvania
17National Guard who meets all medical, training, physical and
18educational requirements for service and who is a satisfactory
19participant in all scheduled duties and training periods.

20"Physician." An officer assigned to and serving in an

21authorized Army Medical Corps or Air Force Medical Corps 
22position who:

23(1) has completed a medicine residency program; and

24(2) is currently practicing medicine in the United
25States or its territories.

26"Physician assistant." An officer who:

27(1) is licensed as a physician assistant under the act
28December 20, 1985 (P.L.457, No.112), known as the Medical
29Practice Act of 1985; and

30(2) meets any applicable Federal requirements for the

1Pennsylvania National Guard.

2"Program."  The Medical Officer or Health Officer Incentive
3Program.

4"Public health officer" or "environmental science officer."
5An officer who holds a minimum of a bachelor's degree from an
6educational program accredited by an agency recognized by the
7United States Secretary of Education in an environmental science
8related field of study, including any of the following majors or
9their equivalent:

10(1) Environmental science, environmental health or
11environmental management.

12(2) Occupational health.

13(3) Industrial hygiene.

14(4) Public health.

15(5) Sanitary science or epidemiology.

16(6) Biology, chemistry, toxicology, geology,
17microbiology, biochemistry or zoology.

18"Resident physician."  An officer who:

19(1) is assigned to a medical position in the
20Pennsylvania National Guard;

21(2) is a medical doctor or doctor of osteopathy
22participating in graduate training;

23(3) holds a license to practice medicine under the act
24December 20, 1985 (P.L.457, No.112), known as the Medical
25Practice Act of 1985; and

26(4) meets any applicable Federal requirements for the
27Pennsylvania National Guard.

28§ 3212. Establishment of program.

29The Medical Officer or Health Officer Incentive Program is
30established within the department to provide educational

1stipends to eligible medical officers or health officers in
2accordance with the provisions of this subchapter.

3§ 3213. Program stipend.

4(a) General rule.--

5(1) A resident physician, physician or physician
6assistant who meets the requirements under subsection (b) may
7receive a stipend of $1,000 per month for no more than 48
8months of medicine residency or the first 36 accession months
9of service to the Pennsylvania National Guard.

10(2) A behavioral health officer, public health officer
11or environmental science officer who meets the requirements
12under subsection (b) may receive a stipend of $500 per month
13for no more than the first 36 accession months of service to
14the Pennsylvania National Guard.

15(b) Areas of concentration.--An area of concentration
16qualification for a medical or health officer must be approved
17by the National Guard Bureau through a predetermination request
18completed by the Pennsylvania Army National Guard Army Medical
19Department Officer Strength Manager.

20(c) Requirements.--In order to qualify for a stipend under
21subsection (a), a medical officer or health officer shall meet
22all of the following:

23(1) Be a member in good standing with the Pennsylvania
24National Guard.

25(2) Be assigned to an appropriate medical or health
26position in the Pennsylvania National Guard.

27(3) Agree to serve as a medical officer or health
28officer in the Pennsylvania National Guard after completion
29of residency or initial service obligation for a period of
30one month for each monthly stipend received. This service

1obligation shall be concurrent with any other military
2service obligation of the officer.

3(d) Receipt of stipend.--A stipend under subsection (a)
4shall be paid to an eligible medical officer or health officer
5whose application for the stipend is approved at the completion
6of each month of residency or service. A medical officer or
7health officer may not receive a stipend under subsection (a)
8for more than 48 months during the period of service in the
9Pennsylvania National Guard.

10(e) Adjustments.--If the Adjutant General determines that
11the amount available for the program in any year will be
12insufficient to provide stipends in the amount described under
13subsection (a), the Adjutant General may place a cap on the
14number of medical officers or health officers eligible to
15receive stipends or may adjust the amount of the annual stipend.

16(f) Construction.--Nothing in this section shall be
17construed to prohibit a medical officer or health officer who is
18serving in the Pennsylvania National Guard before the effective
19date of this section and who meets the requirements under
20subsection (b) from receiving a stipend under subsection (a)
21during the period of medicine residency or service.

22§ 3214. Additional incentives.

23To the extent that funds are available, the Adjutant General
24may, by regulation, establish additional incentives to aid in
25the recruitment and retention of medical officers or health
26officers in the Pennsylvania National Guard, provided that
27payment of such additional incentives shall not result in a cap
28on participation or reduction in the amount of stipends paid
29under section 3213 (relating to program stipend).

30§ 3215. Promissory note.

1Any recipient of a stipend or other incentive payment under
2this subchapter shall sign, as part of the application for the
3incentive payment, a promissory note in a form prescribed by the
4Adjutant General by which the recipient promises to repay all
5amounts received if the recipient fails to complete the service
6obligation required by this subchapter or to meet other
7requirements established by the Adjutant General.

8§ 3216. Recoupment of incentive payments.

9(a) General rule.--A recipient of a stipend or other
10incentive payment under this subchapter who fails to complete
11his service obligation or to meet other requirements established
12by the Adjutant General is liable to the Commonwealth for
13repayment of all incentive payments made. The Adjutant General
14shall notify the department if the recipient fails to complete
15the service obligation, and the promissory note under section
163215 (relating to promissory note) shall be called to secure
17payment in full upon demand on a schedule as the department may
18determine.

19(b) Forgiveness of recoupment.--The Adjutant General may
20forgive recoupment of all or part of a recipient's stipend or
21other incentive payment if the Adjutant General determines that
22his failure to fulfill the service obligation was the result of
23his death, discharge because of disability incurred in line of
24duty, discharge because of a medical determination that he is
25medically unfit for duty when the medical condition is outside
26his control and is not due to his misconduct, mandatory
27discharge, release or retirement for age or years of service, or
28discharge, release, transfer or retirement because of other
29compelling circumstances outside his control.

30§ 3217. Adjustment of stipend amounts.

1Beginning on January 1, 2016, and every two years thereafter,
2the Adjutant General may adjust, by notice published in the
3Pennsylvania Bulletin, the amounts of the stipends set forth in
4this subchapter by an amount equal to the change in the
5applicable Consumer Price Index in the preceding two years
6provided that the Adjutant General finds sufficient funds are
7appropriated and available to pay for the adjusted stipends.

8SUBCHAPTER C

9MISCELLANEOUS PROVISIONS

10Sec.

113221. Regulations.

123222. Administration.

13§ 3221. Regulations.

14The Adjutant General shall promulgate regulations to carry
15out the provisions of this chapter.

16§ 3222. Administration.

17The General Assembly may appropriate funds to pay for grants 
18under Subchapter B (relating to Military Physician <-Medical 
19Officer or Health Officer Incentive Program).

20Section 5. This act shall take effect July 1, 2014, or
21immediately, whichever is later.