
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC254h-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                       Part D--Primary Health Care
 
            subpart ii--national health service corps program
 
Sec. 254h-1. Facilitation of effective provision of Corps 
        services
        

(a) Consideration of individual characteristics of members in making 
        assignments

    In making an assignment of a Corps member to an entity that has had 
an application approved under section 254f of this title, the Secretary 
shall, subject to making the assignment in accordance with section 254f-
1 of this title, seek to assign to the entity a Corps member who has 
(and whose spouse, if any, has) characteristics that increase the 
probability that the member will remain in the health professional 
shortage area involved after the completion of the period of service in 
the Corps.

(b) Counseling on service in Corps

                           (1) In general

        The Secretary shall, subject to paragraph (3), offer appropriate 
    counseling on service in the Corps to individuals during the period 
    of membership in the Corps, particularly during the initial period 
    of each assignment.

           (2) Career advisor regarding obligated service

        (A) In the case of individuals who have entered into contracts 
    for obligated service under the Scholarship or Loan Repayment 
    Program, counseling under paragraph (1) shall include appropriate 
    counseling on matters particular to such obligated service. The 
    Secretary shall ensure that career advisors for providing such 
    counseling are available to such individuals throughout the period 
    of participation in the Scholarship or Loan Repayment Program.
        (B) With respect to the Scholarship Program, counseling under 
    paragraph (1) shall include counseling individuals during the period 
    in which the individuals are pursuing an educational degree in the 
    health profession involved, including counseling to prepare the 
    individual for service in the Corps.

                  (3) Extent of counseling services

        With respect to individuals who have entered into contracts for 
    obligated service under the Scholarship or Loan Repayment Program, 
    this subsection shall be carried out regarding such individuals 
    throughout the period of obligated service (and, additionally, 
    throughout the period specified in paragraph (2)(B), in the case of 
    the Scholarship Program). With respect to Corps members generally, 
    this subsection shall be carried out to the extent practicable.

(c) Grants regarding preparation of students for practice

    With respect to individuals who have entered into contracts for 
obligated service under the Scholarship or Loan Repayment Program, the 
Secretary may make grants to, and enter into contracts with, public and 
nonprofit private entities (including health professions schools) for 
the conduct of programs designed to prepare such individuals for the 
effective provision of primary health services in the health manpower 
shortage areas to which the individuals are assigned.

(d) Assistance in establishing local professional relationships

    The Secretary shall assist Corps members in establishing appropriate 
professional relationships between the Corps member involved and the 
health professions community of the geographic area with respect to 
which the member is assigned, including such relationships with 
hospitals, with health professions schools, with area health education 
centers under section 295g-1 \1\ of this title, with health education 
and training centers under such section, and with border health 
education and training centers under such section. Such assistance shall 
include assistance in obtaining faculty appointments at health 
professions schools.
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    \1\ See References in Text note below.
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(e) Temporary relief from Corps duties

                           (1) In general

        The Secretary shall, subject to paragraph (4), provide 
    assistance to Corps members in establishing arrangements through 
    which Corps members may, as appropriate, be provided temporary 
    relief from duties in the Corps in order to pursue continuing 
    education in the health professions, to participate in exchange 
    programs with teaching centers, to attend professional conferences, 
    or to pursue other interests, including vacations.

                 (2) Assumption of duties of member

        (A) Temporary relief under paragraph (1) may be provided only if 
    the duties of the Corps member involved are assumed by another 
    health professional. With respect to such temporary relief, the 
    duties may be assumed by Corps members or by health professionals 
    who are not Corps members, if the Secretary approves the 
    professionals for such purpose. Any health professional so approved 
    by the Secretary shall, during the period of providing such 
    temporary relief, be deemed to be a Corps member for purposes of 
    section 233 of this title (including for purposes of the remedy 
    described in such section), section 254f(f) of this title, and 
    section 254h(e) of this title.
        (B) In carrying out paragraph (1), the Secretary shall provide 
    for the formation and continued existence of a group of health 
    professionals to provide temporary relief under such paragraph.

      (3) Recruitment from general health professions community

        In carrying out paragraph (1), the Secretary shall--
            (A) encourage health professionals who are not Corps members 
        to enter into arrangements under which the health professionals 
        temporarily assume the duties of Corps members for purposes of 
        paragraph (1); and
            (B) with respect to the entities to which Corps members have 
        been assigned under section 254f of this title, encourage the 
        entities to facilitate the development of arrangements described 
        in subparagraph (A).

                           (4) Limitation

        In carrying out paragraph (1), the Secretary may not, except as 
    provided in paragraph (5), obligate any amounts (other than for 
    incidental expenses) for the purpose of--
            (A) compensating a health professional who is not a Corps 
        member for assuming the duties of a Corps member; or
            (B) paying the costs of a vacation, or other interests that 
        a Corps member may pursue during the period of temporary relief 
        under such paragraph.

                (5) Sole providers of health services

        In the case of any Corps member who is the sole provider of 
    health services in the geographic area involved, the Secretary may, 
    from amounts appropriated under section 254k of this title, obligate 
    on behalf of the member such sums as the Secretary determines to be 
    necessary for purposes of providing temporary relief under paragraph 
    (1).

(f) Determinations regarding effective service

    In carrying out subsection (a) of this section and sections 254l(d) 
and 254l-1(d) of this title, the Secretary shall carry out activities to 
determine--
        (1) the characteristics of physicians, dentists, and other 
    health professionals who are more likely to remain in practice in 
    health manpower shortage areas after the completion of the period of 
    service in the Corps;
        (2) the characteristics of health manpower shortage areas, and 
    of entities seeking assignments of Corps members, that are more 
    likely to retain Corps members after the members have completed the 
    period of service in the Corps; and
        (3) the appropriate conditions for the assignment and 
    utilization in health manpower shortage areas of certified nurse 
    practitioners, certified nurse midwives, and physician assistants.

(July 1, 1944, ch. 373, title III, Sec. 336, as added Pub. L. 97-35, 
title XXVII, Sec. 2706(b), Aug. 13, 1981, 95 Stat. 907; amended Pub. L. 
100-177, title II, Sec. 202(d), Dec. 1, 1987, 101 Stat. 997; Pub. L. 
101-597, title I, Sec. 107, title IV, Sec. 401(b)[(a)], Nov. 16, 1990, 
104 Stat. 3018, 3035.)

                       References in Text

    Section 295g-1 of this title, referred to in subsec. (d), was in the 
original a reference to section 781 of act July 1, 1944. Section 781 of 
that Act was omitted in the general revision of subchapter V of this 
chapter by Pub. L. 102-408, title I, Sec. 102, Oct. 13, 1992, 106 Stat. 
1994.


                            Prior Provisions

    A prior section 336 of act July 1, 1944, was renumbered section 336A 
by Pub. L. 97-35, Sec. 2706(a), and is classified to section 254i of 
this title.


                               Amendments

    1990--Pub. L. 101-597, Sec. 107, amended section generally. Prior to 
amendment, section read as follows:
    ``(a) The Secretary may make grants to and enter into contracts with 
public and private nonprofit entities for the conduct of programs which 
are designed to prepare individuals subject to a service obligation 
under the National Health Service Corps Scholarship Program or Loan 
Repayment Program to effectively provide health services in the health 
manpower shortage area to which they are assigned.
    ``(b) No grant may be made or contract entered into under subsection 
(a) of this section unless an application therefor is submitted to and 
approved by the Secretary. Such an application shall be in such form, 
submitted in such manner, and contain such information, as the Secretary 
shall by regulation prescribe.''
    Subsec. (a). Pub. L. 101-597, Sec. 401(b)[(a)], substituted ``health 
professional shortage area'' for ``health manpower shortage area''.
    1987--Subsec. (a). Pub. L. 100-177 substituted ``Scholarship Program 
or Loan Repayment Program'' for ``scholarship program''.

                  Section Referred to in Other Sections

    This section is referred to in section 11709 of this title.
