42 U.S.C. § 254s — Native Hawaiian Health Scholarships

Page 425 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254t title VI, § 6001(a)(2), Aug. 10, 1993, 107 Stat. 379, directed Secretary of Commerce, in conjunction with Secretary of Health and Human Services, to establish an advisory panel to develop recommendations for the improve- ment of rural health care through the collection of in- formation needed by providers and the improvement in the use of communications to disseminate such infor- mation and, not later than 1 year after establishment of Panel to prepare and submit to Congress a report summarizing the recommendations made by the Panel. Similar provisions were contained in Pub. L. 101–555, § 3, Nov. 15, 1990, 104 Stat. 2760. § 254s. Native Hawaiian Health Scholarships (a) Eligibility Subject to the availability of funds appro- priated under the authority of subsection (d), the Secretary shall provide funds to Papa Ola Lokahi for the purpose of providing scholarship assistance to students who— (1) meet the requirements of section 254l(b) of this title, and (2) are Native Hawaiians. (b) Terms and conditions (1) The scholarship assistance provided under subsection (a) shall be provided under the same terms and subject to the same conditions, regu- lations, and rules that apply to scholarship as- sistance provided under section 254l of this title. (2) The Native Hawaiian Health Scholarship program shall not be administered by or through the Indian Health Service. (c) ‘‘Native Hawaiian’’ defined For purposes of this section, the term ‘‘Native Hawaiian’’ means any individual who is— (1) a citizen of the United States, (2) a resident of the State of Hawaii, and (3) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sov- ereignty in the area that now constitutes the State of Hawaii, as evidenced by— (A) genealogical records, (B) Kupuna (elders) or Kama’aina (long- term community residents) verification, or (C) birth records of the State of Hawaii. (d) Authorization of appropriations There are authorized to be appropriated $1,800,000 for each of the fiscal years 1990, 1991, and 1992 for the purpose of funding the scholar- ship assistance provided under subsection (a). (July 1, 1944, ch. 373, title III, § 338K, formerly § 338J, as added Pub. L. 100–713, title I, § 106, Nov. 23, 1988, 102 Stat. 4787; renumbered § 338K, Pub. L. 101–597, title III, § 302, Nov. 16, 1990, 104 Stat. 3032; amended Pub. L. 101–644, title IV, § 401, Nov. 29, 1990, 104 Stat. 4668; Pub. L. 107–116, title V, § 514(b), Jan. 10, 2002, 115 Stat. 2220.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–116, which directed the amendment of subsec. (a) by substituting ‘‘Papa Ola Lokahi’’ for ‘‘Kamehameha School/Bishop Estate’’, was executed by making the substitution for ‘‘Kamehameha Schools/Bishop Estate’’ to reflect the probable intent of Congress. 1990—Subsec. (a). Pub. L. 101–644, which directed the general amendment of subsec. (a) of section 338J of the Public Health Service Act, was executed to subsec. (a) of this section, to reflect the probable intent of Con- gress and the intervening renumbering of section 338J as 338K by Pub. L. 101–597. Prior to amendment, subsec. (a) read as follows: ‘‘Subject to the availability of funds appropriated under the authority of subsection (d) of this section, the Secretary shall provide scholarship as- sistance, pursuant to a contract with the Kamehameha Schools/Bishop Estate, to students who— ‘‘(1) meet the requirements of section 254l(b) of this title, and ‘‘(2) are Native Hawaiians.’’ § 254t. Demonstration project (a) Program authorized The Secretary shall establish a demonstration project to provide for the participation of indi- viduals who are chiropractic doctors or phar- macists in the Loan Repayment Program de- scribed in section 254l–1 of this title. (b) Procedure An individual that receives assistance under this section with regard to the program de- scribed in section 254l–1 of this title shall com- ply with all rules and requirements described in such section (other than subparagraphs (A) and (B) of section 254l–1(b)(1) of this title) in order to receive assistance under this section. (c) Limitations (1) In general The demonstration project described in this section shall provide for the participation of individuals who shall provide services in rural and urban areas. (2) Availability of other health professionals The Secretary may not assign an individual receiving assistance under this section to pro- vide obligated service at a site unless— (A) the Secretary has assigned a physician (as defined in section 1395x(r) of this title) or other health professional licensed to pre- scribe drugs to provide obligated service at such site under section 254m or 254n of this title; and (B) such physician or other health profes- sional will provide obligated service at such site concurrently with the individual receiv- ing assistance under this section. (3) Rules of construction (A) Supervision of individuals Nothing in this section shall be construed to require or imply that a physician or other health professional licensed to prescribe drugs must supervise an individual receiving assistance under the demonstration project under this section, with respect to such project. (B) Licensure of health professionals Nothing in this section shall be construed to supersede State law regarding licensure of health professionals. (d) Designations The demonstration project described in this section, and any providers who are selected to participate in such project, shall not be consid- ered by the Secretary in the designation of a health professional shortage area under section 254e of this title during fiscal years 2002 through 2004.