42 C.F.R. § 62.9

Under what circumstances can the period of obligated service be deferred to complete approved graduate training?

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(a) Requested deferment. Upon the request of any participant receiving a degree from a school of medicine, osteopathy, or dentistry, veterinary medicine, optometry, podiatry or pharmacy, the Secretary will defer the beginning date of the obligated service to allow the participant to complete an approved graduate training program. The period of this deferment may not exceed (1) three years for any participant receiving a degree from a school of medicine, osteopathy or dentistry, or (2) one year for any participant receiving a degree from a school of veterinary medicine, optometry, podiatry or pharmacy. The Secretary may, however, extend this period of deferment if the Secretary determines that the extension is consistent with the needs of the National Health Service Corps.

(b) Required deferment. Each participant receiving a degree in medicine or osteopathy who does not intend to enter training which can be completed within the deferment period granted under paragraph (a) of this section must complete at least one year of approved graduate training before beginning the period of obligated service. This one year of training must be in (1) an allopathic flexible first-year program whose sponsorship includes approved residencies in family practice, internal medicine, pediatrics, or a categorical first-year program in family practice, internal medicine, or pediatrics; (2) a rotating internship in osteopathic medicine; or (3) such other programs as the Secretary determines provides comparable experience. Any participant receiving a degree in medicine or osteopathy who fails to complete the one year of required training or an approved graduate training program for which a deferment was granted under paragraph (a) of this section will be subject to the default penalties of § 62.10(c).

(c) Altering deferment. Before altering the length or type of approved graduate training for which the period of obligated service was deferred under paragraphs (a) or (b) of this section, the participant must request and obtain the Secretary's approval of the alteration.

(d) Additional terms of deferment. The Secretary may prescribe additional terms and conditions for deferment under paragraphs (a), (b), and (c) of this section as necessary to carry out the purposes of the Scholarship Program.

(e) Beginning of service after deferment. Any participant whose period of obligated service has been deferred under paragraphs (a) or (b) of this section must begin the obligated service when the participant begins to provide health services in the health manpower shortage area to which he or she is assigned by the Secretary. This assignment will be made by the Secretary as soon as possible following (1) the completion of the requested or required graduate training for which the deferment was granted, and (2) appointment as a Commissioned Officer in the Regular or Reserve Corps of the Service or as a civilian member of the National Health Service Corps.

Notes of Decisions

Cited in 12 cases, 1985–1994 · leading case: United States v. Swanson, 618 F. Supp. 1231 (E.D. Mich. 1985).

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United States v. Swanson, 618 F. Supp. 1231 (E.D. Mich. 1985). · cites it 4× “§ 254m(b)(5)(A); 42 C.F.R. § 62.9 . Pursuant to the terms of the statute, a recipient with a degree in osteopathy is not, however, entitled to a deferment of his or her service obligation for more than three years unless the Secretary determines that the deferment for such…”

United States v. Gary D. Hatcher, 922 F.2d 1402 (9th Cir. 1991). · cites it 3× “42 C.F.R. § 62.9 (b) (1989). However, scholars are encouraged to apply for deferments of their service obligation (of up to three additional years) in order to participate in a residency program.”

United States v. Alan J. Citrin, 972 F.2d 1044 (9th Cir. 1992). · cites it 2× “42 C.F.R. § 62.9 (b) (1991). It is possible for the doctor to obtain a deferral for more than one year.”

United States v. Redovan, 656 F. Supp. 121 (E.D. Pa. 1986). · cites it 2× “§ 245m(b)(5)(A); 42 C.F.R. § 62.9 . Requests for deferments for training in general surgery for periods in excess of one year are subject to the discretion of the NHSC and will be granted only if they are consistent with the needs of the NHSC.”

United States v. Barbara Vanhorn, 20 F.3d 104 (4th Cir. 1994). “§ 254m(b)(5)(A)(i) (1988); 42 CFR § 62.9 (1992); United States v. Citrin, 972 F.”

United States v. Turner, 660 F. Supp. 1323 (E.D.N.Y 1987). · cites it 2× “On May 1, 1980, the Secretary granted defendant a one-year deferment, but only for the types of programs listed in the bulletin and 42 C.F.R. § 62.9 (b). However, due to the large number of participants who desired surgery internships, defendant was informed by letter dated May…”

United States v. Brett Lawrence Arron, M.D., 954 F.2d 249 (5th Cir. 1992). “§ 254m(b)(5)(A); 42 C.F.R. § 62.9 . 2 . These damages represent three times the scholarship amount received by Arron, calculated according to 42 U.”

United States v. Wesley Henry Barry, Jr., M.D., 904 F.2d 29 (11th Cir. 1990). “42 C.F.R. § 62.9 (as adopted May 22, 1974).”

United States v. Bills, 639 F. Supp. 825 (D.N.J. 1986). “See 42 C.F.R. § 62.9 (c). The record is clear that Dr.”

United States v. Hector L. Westerband-Garcia, AKA Hector L. Westerband, 35 F.3d 418 (9th Cir. 1994). “42 C.F.R. § 62.9 (b). Failure to apply for the deferment would result in a breach of the scholarship contract.”

United States v. Martin, 710 F. Supp. 271 (C.D. Cal. 1989). “42 C.F.R. § 62.9 (b). 9. Defendant’s unconscionability claim is meritless.”

United States v. Williams, 864 F. Supp. 305 (E.D.N.Y 1994). “§ 254m(b)(5); 42 C.F.R. § 62.9 . Williams, however, failed to request a deferment for a third year.”

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