12VAC5-545-10. General information.

This chapter has been prepared to familiarize scholarship applicants, Deans/Directors of nursing programs, and Financial Aid Officers with the Virginia Nurse Educator Scholarship Program. The legislative authority for the scholarships, in addition to the actual steps involved in the application process, is reviewed.  All scholarships are awarded without regard to race, color, religion, sex or national origin. 

All scholarship awards will be made by a Nursing Scholarship Advisory Committee appointed by the State Board of Health. The Virginia Department of Health, Division of Primary Care and Rural Health will serve as the staff element to the Advisory Committee and play no role in the determination of scholarship recipients.

The basis for determining scholarship recipients will be established by the Advisory Committee with due regard given to scholastic attainment, financial need, character, and adaptability to the nurse educator profession.

12VAC5-545-20. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Board" or "Board of Health" means the State Board of Health.

"Certified" means having passed an examination through a national certifying organization.

"Commissioner" means the State Health Commissioner.

"The judgment rate of interest shall be an annual rate of six percent, except that a money judgment entered in an action arising from a contract shall carry interest at the rate lawfully charged on such contract, or at six percent annually, whichever is higher.  If the contract or other instrument does not fix an interest rate, the court shall apply the judgment rate of six percent to calculate prejudgment interest pursuant to § 8.01-382 and to calculate post-judgment interest.  The rate of interest for a judgment shall be the judgment rate of interest in effect at the time of entry of the judgment and shall not be affected by any subsequent changes to the rate of interest stated in this section, plus two percentage points.

"Nurse educator" means a student enrolled or accepted in an advanced degree (masters or doctorate) towards becoming nursing faculty at the college level in the state of Virginia.

"Recipient" or "scholarship recipient" means an eligible registered nurse who enters into a contract with the commissioner and receives one or more scholarship awards via the Virginia Nurse Educator Scholarship Program.

"Teaching service" means to teach as a nurse educator in a Virginia nursing school for two years for each year of a scholarship award.

12VAC5-545-30. Administration.

The Commissioner of Health shall act as fiscal agent for the board in administration of the scholarship program through a Nursing Scholarship Advisory Committee. All scholarship awards will be made by the Committee, appointed by the State Board of Health. The Committee shall consist of five members or their designees: four faculty members representing nurse practitioner, nurse midwife, or nurse educator education programs, and one former scholarship recipient. Committee appointments shall be for two years and members may not serve more than two consecutive terms.

12VAC5-545-40. Eligible applicants.

To be considered eligible for the Virginia Nurse Educator Scholarship Program, all applicants must meet the following criteria:

1. Be a U.S. citizen;

2. Be a Virginia resident;

3. Be a full/part-time student in a master's or doctoral level nursing program in Virginia, who will complete the degree requirements within two years or less;

4. Have submitted a completed application;

5. Have submitted all other required materials (such as, transcript, curriculum vitae, letters of reference); and

6. Have signed and submitted a written contract agreeing to serve via teaching in a Virginia School of Nursing that prepares students to become Registered Nurses in the Commonwealth.

Failure to comply with any of the above will cause the applicant to be ineligible to participate in the Virginia Nurse Educator Scholarship Program. Applicants will be evaluated and ranked by the Nursing Scholarship Advisory Committee, and the most qualified applicants will be awarded.

12VAC5-545-50. Scholarship amount.

The amount for Virginia nurse educator scholarships available each year shall be as provided by the Virginia General Assembly in that year's Appropriation Act.  Scholarships shall be awarded to the recipients upon or following the recipient's execution of a contract with the Commissioner for scholarship repayment.

12VAC5-545-60. Distribution of scholarships.

The Nursing Scholarship Advisory Committee shall inform nursing schools of the availability of the nurse educator scholarships through the Division of Primary Care and Rural Health, Virginia Department of Health by March 1st of the same year the scholarship will be administered.  The Committee shall convene annually (late summer) for the purpose of reviewing applications and awarding scholarships as funding allows.  Scholarships shall be based upon majority vote of the committee and awards are processed immediately after the Nursing Scholarship Advisory Committee meeting. 

12VAC5-545-70. Contract provisions.

Prior to the payment of money to a scholarship awardee, the Commissioner shall enter into a contract with the recipient. The contract shall:

1. Provide that the recipient will pursue a nurse educator program of the designated school until graduation and will pursue full-time teaching service as a nurse educator within one year (12 months) following completion of training and for a period of two years per annual scholarship award. The area of employment must be at a Virginia nursing school program.

2. Provide that the recipient will not voluntarily obligate himself or herself for military service prior to completion of the repayment period.

3. Provide for termination of the contract by the recipient while the recipient is enrolled in school, upon the recipient's notice and immediate repayment to the Commonwealth of the total amount of the scholarship funds plus the judgment rate of interest.

4. Provide that if the recipient fails to maintain satisfactory academic progress, the recipient may, upon certification by the Commissioner, be relieved of the contract obligation to engage in full-time teaching service upon repayment to the Commonwealth of the total amount of scholarship funds received plus the judgment rate of interest.

5. Provide that if the recipient is in default due to death or permanent disability so as not to be able to engage in teaching service, the recipient, or his personal representative, may be relieved of the obligation under the contract to engage in full-time teaching service upon repayment to the Commonwealth of the total amount of scholarship funds received plus the judgment rate of interest.  For recipients completing part of the teaching obligation prior to becoming permanently disabled, the total amount of scholarship funds owed shall be reduced by the amount of the annual scholarship award multiplied by the number of years practiced.

6. Provide that individual cases of unusual hardship may be considered by the Commissioner for forgiveness of payment or service.

7. Provide that if the recipient defaults by failing or refusing to provide teaching services in a Virginia nursing school, the recipient shall make restitution to the Commonwealth of Virginia by repaying all monetary scholarship awards, plus the judgment rate of interest on such restitution.

8. Provide that partial fulfillment of the recipient's obligation shall reduce the amount of restitution plus interest due by an amount of money equal to the same percentage of time employed.

12VAC5-545-80. Repayment of scholarships.

Unless repayment is forgiven as specified in subdivision 6 of 12VAC5-545-70, all scholarships shall be repaid to the Commonwealth, either by the recipient's teaching as a nurse educator or through cash repayments.

12VAC5-545-90. Repayment by teaching service.

It is the intent of the Virginia Nurse Educator Scholarship Program that recipients pay their scholarship obligation by teaching.  Each recipient electing to repay by teaching shall notify the Commissioner in writing of his or her proposed location not more than 30 days following beginning of employment.  Written approval of the teaching location/site will be sent to the recipient by the Commissioner.  Working full-time, as defined by the teaching institution, for one year will equal one year of credit.  Absences from teaching in excess of seven weeks per one year of teaching service period for maternity leave, illness, vacation, or any other purpose shall not be credited toward repayment and will extend the recipient's total obligation by the number of weeks of excess absence.  Any recipient who partially completes a scholarship obligation will be required to fulfill the remainder of the scholarship obligation by cash repayment in accordance with 12VAC5-545-100.  Credit for partial year(s) of service will be applied toward fulfillment of the scholarship obligation.

12VAC5-545-100. Cash repayment.

The full amount to be repaid by a recipient who fails or refuses to fulfill the teaching obligation shall be: the annual amount of the scholarship for the year(s) the recipient obtained the scholarship plus the judgment rate of interest.

12VAC5-545-110. Reporting requirements.

Reporting requirements of nursing schools and scholarship recipients are as follows:

1.  Each nursing school shall maintain accurate records of the status of scholarship recipients until the recipients graduate and during any postgraduate year that a scholarship is awarded.  The schools shall provide a report listing the academic status of each recipient annually to the Nursing Scholarship Advisory Committee.

2.  Each scholarship recipient shall, at any time, provide information as requested by the Commissioner to verify compliance with the teaching requirements of the scholarship contract.  The recipient shall report any change of mailing address, change of academic standing, change of intent to fulfill his contractual obligation and any other information which may be relevant to the contract at such time as changes or information may occur.  The recipient shall promptly respond with such information from time to time as may be requested by the Commissioner.

3.  The Nursing Scholarship Advisory Committee will report annually to the Board the following: number of applicants for scholarships, number of scholarships awarded, number of minorities and students from medically underserved areas awarded, total funding awarded, the teaching sites of former scholarship recipients, and the number of students making monetary repayment of scholarship with reasons for failure to practice identified.

4.  Monitoring of teaching service by recipients shall be conducted on an on-going basis by department staff.  Teaching service verification forms will be submitted by the recipient to the department semi-annually (each six months), countersigned by a representative of the teaching location/site certifying continuous full-time service by recipients.