PRINTER'S NO. 43
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
162
Session of
2023
INTRODUCED BY HUTCHINSON, KANE, MASTRIANO, PENNYCUICK,
BARTOLOTTA, STEFANO AND J. WARD, JANUARY 17, 2023
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
JANUARY 17, 2023
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in military educational programs
relating to medical officer or health officer incentive
program, further providing for definitions, for establishment
of program, for program stipend, for additional incentives,
for recoupment of incentive payments and for adjustment of
stipend amounts; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Subchapter B of Chapter 32 and
sections 3211, 3212, 3213, 3214, 3216 and 3217 of Title 51 of
the Pennsylvania Consolidated Statutes are amended to read:
SUBCHAPTER B
MEDICAL OFFICER OR HEALTH CARE
OFFICER INCENTIVE PROGRAM
§ 3211. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
["Behavioral health officer." An officer who:
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(1) holds a license to practice psychology under the act
of March 23, 1972 (P.L.136, No.52), known as the Professional
Psychologists Practice Act, or is a licensed clinical social
worker as defined in section 3 of the act of July 9, 1987
(P.L.220, No.39), known as the Social Workers, Marriage and
Family Therapists and Professional Counselors Act;
(2) has malpractice insurance, is self-insured or
maintains insurance through a private employer; and
(3) meets any applicable Federal requirements for the
Pennsylvania National Guard.
"Medical officer or health officer." An officer who is any
of the following:
(1) A resident physician.
(2) A physician.
(3) A physician assistant.
(4) A behavioral health officer.
(5) A public health officer or environmental science
officer.]
"Health care officer." An officer who serves in one of the
United States Air Force's following health care professions:
(1) Doctor.
(2) Nurse.
(3) Dentist.
(4) Allied Health.
(5) Administration.
"Medical officer." An officer who serves in one of the
United States Army Medical Department's six corps:
(1) Dental Corps.
(2) Medical Corps.
(3) Medical Services Corps.
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(4) Medical Specialist Corps.
(5) Nurse Corps.
(6) Veterinary Corps.
"Member in good standing." A member of the Pennsylvania
National Guard who meets all medical, training, physical and
educational requirements for service and who is a satisfactory
participant in all scheduled duties and training periods.
["Physician." An officer assigned to and serving in an
authorized Army Medical Corps or Air Force Medical Corps
position who:
(1) has completed a medicine residency program; and
(2) is currently practicing medicine in the United
States or its territories.
"Physician assistant." An officer who:
(1) is licensed as a physician assistant under the act
of December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985; and
(2) meets any applicable Federal requirements for the
Pennsylvania National Guard.]
"Program." The Medical Officer or Health Care Officer
Incentive Program.
["Public health officer" or "environmental science officer."
An officer who holds a minimum of a bachelor's degree from an
educational program accredited by an agency recognized by the
United States Secretary of Education in an environmental science
related field of study, including any of the following majors or
their equivalent:
(1) Environmental science, environmental health or
environmental management.
(2) Occupational health.
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(3) Industrial hygiene.
(4) Public health.
(5) Sanitary science or epidemiology.
(6) Biology, chemistry, toxicology, geology,
microbiology, biochemistry or zoology.
"Resident physician." An officer who:
(1) is assigned to a medical position in the
Pennsylvania National Guard;
(2) is a medical doctor or doctor of osteopathy
participating in graduate training;
(3) holds a license to practice medicine under the
Medical Practice Act of 1985; and
(4) meets any applicable Federal requirements for the
Pennsylvania National Guard.]
§ 3212. Establishment of program.
The Medical Officer or Health Care Officer Incentive Program
is established within the department to provide educational
stipends to eligible medical officers or health care officers in
accordance with the provisions of this subchapter.
§ 3213. Program stipend.
(a) General rule.--
[(1) A resident physician, physician or physician
assistant who meets the requirements under subsection (c) may
receive a stipend of $1,000 per month for no more than 48
months of medicine residency or the first 36 accession months
of service to the Pennsylvania National Guard.
(2) A behavioral health officer, public health officer
or environmental science officer who meets the requirements
under subsection (c) may receive a stipend of $500 per month
for no more than the first 36 accession months of service to
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the Pennsylvania National Guard.]
(3) A medical officer or health care officer who is
required to have obtained a doctoral degree for entry into
the officer's military specialty and who meets the
requirements under subsection (c) may receive a stipend of
$1,000 per month for no more than 48 months of medicine
residency or the first 36 accession months of service to the
Pennsylvania National Guard.
(4) A medical officer or health care officer who is
required to have obtained a master's degree for entry into
the officer's military specialty who meets the requirements
under subsection (c) may receive a stipend of $750 per month
for no more than 48 months of medicine residency or the first
36 accession months of service to the Pennsylvania National
Guard.
(5) A medical officer or health care officer who is
required to have obtained a bachelor's degree for entry into
the officer's military specialty who meets the requirements
under subsection (c) may receive a stipend of $500 per month
for no more than 48 months of medicine residency or the first
36 accession months of service to the Pennsylvania National
Guard.
(b) Areas of concentration.--An area of concentration
qualification for a medical or health officer must be approved
by the National Guard Bureau through a predetermination request
completed by the Pennsylvania Army National Guard Army Medical
Department Officer Strength Manager or the Pennsylvania Air
National Guard State Air Surgeon.
(b.1) Eligibility.--Medical officers and health care
officers assigned to administrative, planning or logistical
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concentrations shall not be eligible for the program.
(c) Requirements.--In order to qualify for a stipend under
subsection (a), a medical officer or health care officer shall
meet all of the following:
(1) Be a member in good standing with the Pennsylvania
National Guard.
(2) Be assigned to an appropriate medical or health
position in the Pennsylvania National Guard.
(3) Agree to serve as a medical officer or health care
officer in the Pennsylvania National Guard [after completion
of residency or initial service obligation] for a period of
one month for each monthly stipend received. This service
obligation shall be concurrent with any other military
service obligation of the officer.
(4) Meet Federal and State licensing requirements to
practice within the officer's medical specialty within the
Commonwealth of Pennsylvania.
(5) Meet any applicable Federal requirements for the
Pennsylvania National Guard.
(6) Once licensed and eligible to be granted, maintain
clinical privileges as awarded at the national guard level by
the Centralized Credentials and Privileging Preparation Board
(C2P2).
(d) Receipt of stipend.--A stipend under subsection (a)
shall be paid to an eligible medical officer or health care
officer whose application for the stipend is approved at the
completion of each month of residency or service. A medical
officer or health care officer may not receive a stipend under
subsection (a) for more than 48 months during the period of
service in the Pennsylvania National Guard.
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(e) Adjustments.--If the Adjutant General determines that
the amount available for the program in any year will be
insufficient to provide stipends in the amount described under
subsection (a), the Adjutant General may place a cap on the
number of medical officers or health care officers eligible to
receive stipends or may adjust the amount of the annual stipend.
(f) Construction.--Nothing in this section shall be
construed to prohibit a medical officer or health care officer
who is serving in the Pennsylvania National Guard before the
effective date of this section and who meets the requirements
under subsection (c) from receiving a stipend under subsection
(a) during the period of [medicine] medical residency or
service.
§ 3214. Additional incentives.
To the extent that funds are available, the Adjutant General
may, by regulation, establish additional incentives to aid in
the recruitment and retention of medical officers or health care
officers in the Pennsylvania National Guard, provided that
payment of such additional incentives shall not result in a cap
on participation or reduction in the amount of stipends paid
under section 3213 (relating to program stipend).
§ 3216. Recoupment of incentive payments.
(a) General rule.--A recipient of a stipend or other
incentive payment under this subchapter who fails to complete
[his] the recipient's service obligation or to meet other
requirements established by the Adjutant General is liable to
the Commonwealth for repayment of all incentive payments made.
The Adjutant General shall notify the department if the
recipient fails to complete the service obligation, and the
promissory note under section 3215 (relating to promissory note)
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shall be called to secure payment in full upon demand on a
schedule as the department may determine.
(b) Forgiveness of recoupment.--The Adjutant General may
forgive recoupment of all or part of a recipient's stipend or
other incentive payment if the Adjutant General determines that
[his] the recipient's failure to fulfill the service obligation
was the result of [his] the recipient's death, discharge because
of disability incurred in line of duty, discharge because of a
medical determination that [he] the recipient is medically unfit
for duty when the medical condition is outside [his] the
recipient's control and is not due to [his] the recipient's
misconduct, mandatory discharge, release or retirement for age
or years of service or discharge, release, transfer or
retirement because of other compelling circumstances outside
[his] the recipient's control.
§ 3217. Adjustment of stipend amounts.
Beginning on January 1, [2016] 2024, and every [two] five
years thereafter, the Adjutant General may adjust, by notice
published in the Pennsylvania Bulletin, the amounts of the
stipends set forth in this subchapter by an amount equal to the
change in the applicable Consumer Price Index in the preceding
[two] five years provided that the Adjutant General finds
sufficient funds are appropriated and available to pay for the
adjusted stipends.
Section 2. This act shall take effect in 60 days.
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