C.F.R. » Title 42 » CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER E—FELLOWSHIPS, INTERNSHIPS, TRAINING › PART 62—NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS › Subpart A—National Health Service Corps Scholarship Program

42 C.F.R. § 62.8

What does an individual have to do in return for the scholarship program award?

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(a) General. Except as provided in paragraphs (d), (f), and (g) of this section, each participant is obligated to (1) become a member of the National Health Service Corps employed as a Commissioned Officer in the Regular or Reserve Corps of the Service or as a Federal civilian in the full-time clinical practice of the participant's profession and (2) serve in the health manpower shortage area to which the participant is assigned by the National Health Service Corps.

(b) Beginning of service. (1) The period of obligated service will begin when the Scholarship Program participant begins to provide services in the health manpower shortage area to which he or she is assigned by the Secretary. Except for those participants who receive a deferral under § 62.9 (a) or (b), this assignment will be made by the Secretary as soon as possible following: (i) the completion of the participant's course of study leading to a degree in medicine, osteopathy, dentistry, or an equivalent credential for a particular health profession, and (ii) appointment of the participant as a Commissioned Officer in the Regular or Reserve Corps of the Service or as a civilian member of the National Health Service Corps.

(2) For purposes of this paragraph, “appointment” means only those appointments as Commissioned Officers in the Regular or Reserve Corps of the Service or as civilian members of the National Health Service Corps made specifically for the purpose of serving a participant's period of obligated service.

(c) Duration of service. Except as provided in § 62.14(b)(1), the period for which the Scholarship Program participant is obligated to serve is equal to 1 year for each school year for which the participant receives a scholarship award under this part, or 2 years, whichever is greater.

(d) Service by detail. If the Secretary determines that there is no need in a health manpower shortage area for a member of the profession in which the Scholarship Program participant is obligated to provide service, the Scholarship Program participant may be detailed to serve the period of obligated service as a full-time member of the profession for which the participant has been trained, in any unit of the Department of Health and Human Services as the Secretary may determine.

(e) Creditability of approved graduate training. Except as provided in § 62.14(b)(2), no period of approved graduate training will be credited toward satisfying the period of obligated service incurred under the Scholarship Program.

(f) Service under the National Research Service Award Program. (1) A Scholarship Program participant who demonstrates exceptional promise for medical research may perform the period of obligated service owed under this section by participating in the National Research Service Award Program for individual postdoctoral fellows authorized under section 472 of the Act.

(2) Exceptional promise for medical research will be demonstrated if the participant applies for a National Research Service Award for individual postdoctoral fellows, is selected to participate in this research program, and accepts the offer of participation. A Scholarship Program participant in the National Research Service Award Program will receive credit toward satisfying the period of obligated service incurred under this section for any period of time he or she is engaged in activities which meet the service requirements of the National Research Service Award Program.

(3) If the time served under the National Research Service Award Program is less than the total period of obligated service owed under the Scholarship Program, the participant will serve the remainder of the Scholarship Program service obligation (i) in activities which meet the criteria for service under the National Research Service Award Program, as approved by the Secretary or (ii) as a member of the National Health Service Corps providing health services in the full-time clinical practice of his or her health profession. A participant who fails to begin or complete the service requirements under the National Research Service Award Program may be subject to the default penalty under § 62.10(c) of this part and the default penalties under the National Research Service Award Program.

(g) Release from service obligation to engage in private practice. The Secretary will release a participant from all or part of the service obligation if the participant applies for a release under section 753 of the Act and agrees in writing to engage for a period equal to the remaining period of the participant's service obligation in the full-time private clinical practice of the participant's health profession, under the requirements of section 753 of the Act.

Notes of Decisions
Cited in 7 cases, 1984–1994 · leading case: United States v. Gary D. Hatcher, 922 F.2d 1402 (9th Cir. 1991).
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United States v. Gary D. Hatcher, 922 F.2d 1402 (9th Cir. 1991). “§§ 254e, 254Z (b)(4), 254Z (f)(l)(B)(iv), 254m (1988); 42 C.F.R. § 62.8 (1989). The NHSC requires scholars to complete a one-year internship after graduating from medical school and before beginning their service.”
Aiken v. United States, 4 Cl. Ct. 685 (Ct. Cl. 1984). · cites it 2× “42 C.F.R. § 62.8 (1977). The Notice Of Scholarship Award executed by plaintiff also contained the language of section 225(f) under “Conditions Of Award.”
United States v. Thomas K. Bills, M.D., 822 F.2d 373 (3rd Cir. 1987). “” 42 C.F.R. § 62.8 (f). Exceptional promise will be shown if a participant applies for a National Research Service Award, is selected, and accepts the offer.”
United States Dep't of Health & Human Servs. v. Brown (In Re Brown), 59 B.R. 40 (Bankr. W.D. La. 1986). “§ 234 (f)(1) and 42 CFR 62.8(a), as adopted on May 22, 1974.”
United States v. Gross, 725 F. Supp. 892 (W.D. La. 1989). “§ 254m(b)(5)(A) and 42 C.F.R. § 62.8 (b)(1). As mentioned, defendant graduated from medical school in July of 1982.”
Fisher v. Bowen, 659 F. Supp. 784 (D. Or. 1987). “42 C.F.R. § 62.8 (g). The Secretary asserts that he maintains the discretion under section 254n to approve the private placement of Fisher and others similarly situated in the HMSA of his/her choosing.”
United States v. McManus, 846 F. Supp. 1283 (M.D.N.C. 1994). “§ 254 % (b); see also 42 C.F.R. § 62.8 (g). Naturally, it follows that the Secretary has retained his discretion in entering into u a release agreement.”
— 42 C.F.R. § 62.8(a) — 1 case
United States Dep't of Health & Human Servs. v. Brown (In Re Brown), 59 B.R. 40 (Bankr. W.D. La. 1986). “§ 234 (f)(1) and 42 CFR 62.8(a), as adopted on May 22, 1974.”
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