Cal. Code Regs. Tit. 22, § 97931.05 - Process and Penalties when Physician is Unable to Complete Obligation; Notification to Program
(a) A
physician participating in the program shall notify the program in writing
within 15 working days of any change in the physician's full-time status,
including but not limited to, a decrease in the number of hours providing
medical services, termination, resignation, or leave of absence in excess of
the time permitted in section
97931.01(d).
(b) A physician participating in the program
who is unable to complete the required three years of service shall pay to the
Office, within 365 calendar days after notification by the program, an amount
equal to the total amount of loan repayment paid to the physician by the
program. Whenever the program has evidence that the physician is unable to
complete the required three years of service, it shall notify the participating
physician of the amount to be repaid to the Office and the date by which the
physician shall make that repayment.
(c) A physician or the physician's
representative may petition the program for modification of the amount to be
paid or repaid and/or the time for repayment. The petition shall be in writing,
accompanied by those documents necessary to establish the basis for the
petition, and shall be filed with the program not later than 90 working days
after the date of the notification. A petition shall be accepted for filing
only if it is based on one or more of the following grounds:
(1) The physician was terminated without
cause.
(2) The physician was unable
to complete the required three years of service due to factors beyond the
physician's control.
(3) Both the
practice setting and the physician have agreed to the termination of the
physician's employment, and the physician has been unsuccessful in obtaining
subsequent qualifying employment within 3 months after termination of
employment.
(d) The
program shall review the petition and supporting documents and shall notify the
physician in writing of its decision within 60 working days after receipt of
the complete petition.
(e) Failure
to repay the amount due within 365 calendar days as required in subsection (a)
above shall constitute unprofessional conduct and is not subject to Section
2314
of the Business and Professions Code. It shall also result in the accrual of
interest, at prime, on the outstanding balance, reporting of the default to
credit agencies, lien(s) on the physician's personal property, and garnishment
of the physician's future wages. It may also result in civil damages, including
the imposition of attorney fees.
Notes
Note: Authority cited: Section 128554, Health and Safety Code. Reference: Section 128553, Health and Safety Code.
2. Certificate of Compliance as to 4-25-2003 order transmitted to OAL 8-19-2003 and filed 9-30-2003 (Register 2003, No. 40).
3. Change without regulatory effect renumbering title 16, section 1313.05 to title 22, section 97931.05 filed 6-25-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 26).
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