Senate Bill S4343

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4343

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend chapter 576 of the laws of 1975, relating to authorizing
  the commissioner of education to contract with certain schools for the
  purpose of expanding opportunities for residents of New York state  to
  study  medicine  or  dentistry, in relation to authorizing the commis-
  sioner of education to contract with the university of  Padua,  Padua,
  Italy,  the  Royal  College of Surgeons, Dublin, Ireland, St. George's
  University school of medicine, Grenada and the Sophie Davis school  of
  biomedical  education,  the city university of New York medical school
  for the purpose of expanding opportunities for residents of  New  York
  state to study medicine and dentistry

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The title and sections 1 and 2 of chapter 576 of  the  laws
of  1975,  relating  to  authorizing  the  commissioner  of education to
contract with certain schools for the purpose of expanding opportunities
for residents of New York state to  study  medicine  or  dentistry,  the
title  and  section  1  as  amended  by chapter 856 of the laws of 1980,
section 2 as amended by chapter 31 of the laws of 1985, are  amended  to
read as follows:
  AN  ACT  to  authorize  the commissioner of education to contract with
[the university of Vermont, the school of medicine at Morehouse college,
Meharry medical college and school of dentistry, the university of Puer-
to Rico medical school and the Sackler school of medicine of the univer-
sity of Tel Aviv] CERTAIN SCHOOLS OF  MEDICINE  AND  DENTISTRY  for  the
purpose  of  expanding  opportunities for residents of New York state to
study medicine and dentistry[.]
  Section 1. The commissioner of education is  hereby  authorized,  upon
the  approval  of  the  director of the budget, to enter into a contract
with the university of Vermont, the  school  of  medicine  at  Morehouse

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01838-01-9
              

S. 4343                             2

college, Meharry medical college and school of dentistry, the university
of  Puerto  Rico medical school [and], the Sackler school of medicine of
the university of Tel Aviv, THE UNIVERSITY OF PADUA, PADUA, ITALY,   THE
ROYAL  COLLEGE  OF  SURGEONS,  DUBLIN,  IRELAND, ST. GEORGE'S UNIVERSITY
SCHOOL OF MEDICINE, GRENADA AND THE SOPHIE DAVIS  SCHOOL  OF  BIOMEDICAL
EDUCATION,  THE  CITY  UNIVERSITY  OF  NEW  YORK MEDICAL SCHOOL and such
contracts shall contain the following provisions:
  a. Commencing with the first-year class to be admitted for the  [nine-
teen  hundred seventy-six] 1976 to [nineteen hundred seventy-seven] 1977
academic school year the university  of  Vermont  medical  school  shall
reserve at least ten but not more than twenty places and for each first-
year  class  thereafter  at least ten but not more than forty and in the
Sackler school of the university of Tel Aviv at  least  twenty  but  not
more than forty in each class for residents of New York state [that] WHO
have  been  certified  as  eligible  by  the  commissioner of education.
Commencing with the first-year class under the contract with the  school
of medicine at Morehouse college, the school shall reserve at least four
but  not  more than eight places in each class for residents of New York
state who are from a disadvantaged or minority background, and who  have
been  certified as eligible by the commissioner of education. COMMENCING
WITH THE FIRST-YEAR CLASS TO BE  ADMITTED  FOR  THE  2010-2011  ACADEMIC
SCHOOL  YEAR  AND FOR EACH FIRST-YEAR CLASS THEREAFTER THE UNIVERSITY OF
PADUA, PADUA, ITALY, THE ROYAL COLLEGE OF SURGEONS, DUBLIN, IRELAND, ST.
GEORGE'S UNIVERSITY SCHOOL OF MEDICINE, GRENADA  AND  THE  SOPHIE  DAVIS
SCHOOL  OF BIOMEDICAL EDUCATION, THE CITY UNIVERSITY OF NEW YORK MEDICAL
SCHOOL SHALL RESERVE AT LEAST TWENTY BUT NOT MORE THAN FORTY  PLACES  IN
EACH  CLASS  FOR  RESIDENTS OF NEW YORK STATE WHO HAVE BEEN CERTIFIED AS
ELIGIBLE BY THE COMMISSIONER OF EDUCATION.
  b. Commencing with the first year class under this contract  with  the
school of medicine at Meharry medical college, the school, shall reserve
at  least eight but not more than ten places in each class for the study
of medicine and at least three but not more than  five  places  in  each
class for the study of dentistry for residents of New York state who are
from  a disadvantaged or minority background and who have been certified
as eligible by the commissioner of education.  Commencing with the first
year class under this contract, the university of  Puerto  Rico  medical
school  shall reserve at least eight but not more than fifteen places in
each class for residents of New York state who are from a  disadvantaged
OR  minority  background  and who have been certified as eligible by the
commissioner of education.  Admission of eligible  applicants  shall  be
based solely upon merit and each contracting medical school shall permit
the commissioner of education, in his discretion, to periodically review
the  admission procedures and admission records of the medical school to
ascertain that the admission procedures comply with the  terms  of  each
contract.  Applicants admitted pursuant to each contract shall be eligi-
ble for all financial assistance in the same  manner  as  if  they  were
attending an institution of higher education in New York state.
  c.  The  commissioner  of  education  shall  pay  to the university of
Vermont, Meharry medical college and school of dentistry, the university
of Puerto Rico medical school and the school of  medicine  at  Morehouse
college  the cost of instruction less tuition and federal per capita aid
for each eligible student in attendance pursuant to  the  contract.  The
commissioner of education shall pay to the Sackler school of medicine of
the  university  of Tel Aviv, THE UNIVERSITY OF PADUA, PADUA, ITALY, THE
ROYAL COLLEGE OF SURGEONS,  DUBLIN,  IRELAND,  ST.  GEORGE'S  UNIVERSITY
SCHOOL  OF  MEDICINE,  GRENADA AND THE SOPHIE DAVIS SCHOOL OF BIOMEDICAL

S. 4343                             3

EDUCATION, THE CITY UNIVERSITY OF NEW YORK MEDICAL SCHOOL  the  cost  of
instruction  less  tuition  and  other aid received by [the school] SUCH
SCHOOLS on a per capita basis for each eligible  student  in  attendance
pursuant to the contract.  Such charges shall not exceed the per student
charges  paid  by  the  commissioner  of  education to the university of
Vermont under this section. Each contracting medical school shall charge
the student only the tuition and fees required of non-resident students.
A showing of discriminatory practice against students admitted  pursuant
to  a  contract authorized under this section by means of tuition level,
financial aid level, instructional or housing quality or by other  means
shall  be  grounds  for  recision of the contract by the commissioner of
education.
  d. The university of Vermont medical school shall, at  a  time  agreed
upon  with  the commissioner of education, implement a resident training
program at the Champlain Valley physicians hospital  center  in  Platts-
burgh,  New  York  and  shall  assist such hospital to become a teaching
hospital in cooperation with the university of Vermont  medical  school.
At a time agreed upon with the commissioner of education, the university
of  Vermont  medical  school  shall  assign an agreed upon number of its
medical faculty to permanent full-time  duty  at  the  Champlain  Valley
physicians  hospital  center.  The Meharry medical college and school of
dentistry, the university of Puerto Rico medical school and  the  school
of  medicine  at Morehouse college shall, at a time agreed upon with the
commissioner of education, implement a resident  training  program  with
New  York  state hospitals where it is deemed such out of state resident
training program is not available. Any contract entered  into  with  the
school  of  medicine  at Morehouse college shall be contingent upon such
school maintaining provisional or permanent accreditation.
  S 2. To be certified by the commissioner of education as eligible  for
admission  to  the university of Vermont medical school, Meharry medical
college and school of dentistry, the school  of  medicine  at  Morehouse
college,  the university of Puerto Rico Medical school [or], the Sackler
school of medicine of the university of  Tel  Aviv,  THE  UNIVERSITY  OF
PADUA, PADUA, ITALY, THE ROYAL COLLEGE OF SURGEONS, DUBLIN, IRELAND, ST.
GEORGE'S  UNIVERSITY  SCHOOL  OF  MEDICINE, GRENADA AND THE SOPHIE DAVIS
SCHOOL OF BIOMEDICAL EDUCATION, THE CITY UNIVERSITY OF NEW YORK  MEDICAL
SCHOOL  pursuant  to  a  contract  authorized  in section one hereof, an
applicant must be a resident of New York state and  must  enter  into  a
written  agreement whereby the applicant agrees to practice medicine, or
dentistry, as appropriate,  for  at  least  three  years  following  the
completion  of  training  in an area of New York state designated by the
commissioner of education as an area with a shortage of  physicians,  or
dentists,  as appropriate. With respect to agreements on behalf of which
payments were made prior to the [nineteen  hundred  eighty-two--nineteen
hundred  eighty-three]  1982-1983  academic  year,  such agreement shall
provide that if the applicant, upon licensure as a physician or dentist,
fails to practice for three years in the designated  area  in  New  York
state,  he or she shall be liable to reimburse the state the amount paid
by the commissioner of education to the particular school or  university
to  support  the  individual's  education. Commencing with agreements on
behalf of which payments are first made  beginning  with  the  [nineteen
hundred  eighty-two--nineteen  hundred  eighty-three] 1982-1983 academic
year, such agreement shall provide that if the applicant,  upon  receipt
of  a  medical or dental degree and completion of professional training,
or active military service, or both, fails to be licensed as a physician
or dentist by New York state and fails either to begin the  practice  of

S. 4343                             4

medicine  or  dentistry  in  the designated area in New York state or to
complete his or her obligated service, he or  she  shall  be  liable  to
reimburse the state an amount determined by the formula:
                               A= 2B (36-S)
                                       36
in  which "A" is the amount the state is entitled to recover; "B" is the
sum of all payments made pursuant to this section on behalf of the indi-
vidual and the interest on such amount which would be payable if at  the
times  such  payments  were made they were loans bearing interest at the
maximum legal prevailing rate; "36" is the period of  obligated  service
in  months, and "s" is the number of months of service actually rendered
in fulfillment of the agreement. Reimbursements pursuant to this formula
shall be made to the state within the one year period beginning  on  the
date  of  the  breach  of the written agreement. Every agreement entered
into after the effective date of this section  shall  contain  a  clause
whereby the applicant consents to the exercise of jurisdiction over this
cause  of  action by the courts of New York state and the execution of a
judgment rendered by New York courts in any  jurisdiction.  The  commis-
sioner  of  education,  in  his discretion, may waive the requirement of
reimbursement upon a showing by the individual of a  hardship  satisfac-
tory to the commissioner.
  S 2. This act shall take effect immediately.