PRINTER'S NO. 476
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
488
Session of
2019
INTRODUCED BY BOBACK, SIMMONS, SAYLOR, JAMES, HARKINS,
SCHLOSSBERG, YOUNGBLOOD, PICKETT, DeLUCA, KAUFER AND MULLINS,
FEBRUARY 12, 2019
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 12, 2019
AN ACT
Establishing the Student Loan Forgiveness for Dentists Program
to recruit and retain dentists willing to serve underserved
Commonwealth residents.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Student Loan
Forgiveness for Dentists Act.
Section 2. Declaration of purpose.
The General Assembly declares that the purpose of this act
is to provide an incentive for individuals to pursue higher
education and training in dentistry and practice dentistry in
this Commonwealth.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Award recipient." An eligible individual who receives
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student loan forgiveness under the program.
"Dentist." An individual licensed to practice general or
specialty dentistry under the act of May 1, 1933 (P.L.216,
No.76), known as The Dental Law.
"Department." The Department of Health of the Commonwealth.
"Designated area." Any of the following:
(1) A geographic area of this Commonwealth that is
designated by the secretary as having a shortage of dentists.
(2) A geographic area of this Commonwealth designated as
a HPSA or designated to have an underserved population of
dentists.
"Eligible individual." An individual participating in the
Primary Health Care Loan Repayment Program who:
(1) is a resident of this Commonwealth;
(2) holds an undergraduate degree from an institution of
higher education;
(3) graduated from an accredited dental school; and
(4) is a practicing dentist in this Commonwealth.
"HPSA." A Health Professional Shortage Area designated by
the United States Department of Health and Human Services.
"Institution of higher education." The term includes any of
the following:
(1) A community college operating under Article XIX-A of
the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
(2) A university within the State System of Higher
Education established under Article XX-A of the Public School
Code of 1949.
(3) The Pennsylvania State University.
(4) The University of Pittsburgh.
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(5) Temple University.
(6) Lincoln University.
(7) The Thaddeus Stevens College of Technology.
(8) Any other institution designated as "State-related"
by the Commonwealth.
"Primary Health Care Loan Repayment Program." The program
administered by the department which provides loan repayment
opportunities as an incentive to recruit and retain primary care
practitioners willing to practice dentistry in designated areas
or HPSAs.
"Program." The Student Loan Forgiveness for Dentists
Program.
"Secretary." The Secretary of Health of the Commonwealth.
Section 4. Student Loan Forgiveness for Dentists Program.
(a) Establishment of program.--The Student Loan Forgiveness
for Dentists Program is established.
(b) Administration.--The department shall administer the
program for the purpose of providing student loan forgiveness
for eligible individuals who enter into an agreement with the
department to practice dentistry in this Commonwealth as
specified under subsection (c).
(c) Loan forgiveness.--The department shall forgive 50% of
an eligible individual's student loans, not to exceed $200,000,
if the eligible individual enters into an agreement with the
department to practice dentistry in this Commonwealth for a
period of three consecutive years.
(d) Agreement provisions.--The agreement under subsection
(b) shall include the following terms:
(1) If the award recipient is not licensed to practice
dentistry in this Commonwealth, the eligible individual shall
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apply for a dental license to practice in this Commonwealth
at the earliest practicable opportunity.
(2) Within six months after entering into an agreement
under subsection (b), the award recipient shall practice
dentistry in this Commonwealth according to the terms of the
student loan forgiveness award.
(3) The award recipient shall agree to practice
dentistry in this Commonwealth on a full-time basis.
(4) The award recipient shall permit the department to
determine compliance with the work requirement specified in
the agreement under subsection (b). If the award recipient
fails to comply with the work requirement specified in the
agreement under subsection (b), the award recipient shall
reimburse the Commonwealth for the amount of student loan
forgiveness received, including interest accrued as
determined by the department. The award recipient and the
department shall make every effort to resolve conflicts in
order to prevent a breach of the agreement under subsection
(b).
(5) Upon the award recipient's death or total or
permanent disability, the department shall not be required to
provide student loan forgiveness under the program.
(6) The department may terminate student loan
forgiveness and demand repayment of the amount of student
loans forgiven if:
(i) the award recipient is convicted of or pleads
guilty or no contest to a felony; or
(ii) the State Board of Dentistry has determined
that the award recipient has committed an act of gross
negligence in the practice of dentistry or has suspended
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or revoked the award recipient's license to practice.
(e) Agreement enforcement.--Notwithstanding 42 Pa.C.S. ยง
8127 (relating to personal earnings exempt from process), the
department may seek garnishment of wages of an award recipient
who fails to comply with the agreement under subsection (b) for
the amount of student loan forgiveness provided to the award
recipient.
Section 5. Tax applicability.
Student loan forgiveness received under this act shall not be
considered taxable income for purposes of Article III of the act
of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
Section 6. Annual report.
(a) Development of report.--By September 1, 2019, and each
September 1 thereafter, the department shall compile a report
regarding the operation of the program for the immediately
preceding fiscal year. The report shall include the following
information:
(1) The number and amount of student loan forgiveness
agreements executed and renewed for eligible recipients.
(2) The number of defaulted student loan forgiveness
agreements and the cause for the defaults.
(3) The number of eligible individuals participating in
the program.
(4) The number and type of enforcement actions taken by
the department regarding the implementation of the program.
(b) Submission.--The department shall submit the report
under subsection (a) to the following individuals:
(1) The Governor.
(2) The chair and minority chair of the Appropriations
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Committee of the Senate.
(3) The chair and minority chair of the Education
Committee of the Senate.
(4) The chair and minority chair of the Health and Human
Services Committee of the Senate.
(5) The chair and minority chair of the Appropriations
Committee of the House of Representatives.
(6) The chair and minority chair of the Education
Committee of the House of Representatives.
(7) The chair and minority chair of the Health Committee
of the House of Representatives.
Section 7. Funding for Student Loan Forgiveness for Dentists
Program.
Student loan forgiveness payments under this act shall be
made only to the extent that funds are appropriated for the
program and are sufficient to cover administration of the
program. Student loan forgiveness under this act shall not
constitute an entitlement derived from the Commonwealth or a
claim on any funds of the Commonwealth.
Section 8. Regulations.
The department shall promulgate regulations necessary to
administer this act.
Section 9. Effective date.
This act shall take effect in 90 days.
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