39-6109A. CONTRACT REQUIREMENTS FOR NATIONAL INTEREST WAIVERS. Throughout the period of obligation, regardless of physician’s visa status, the employment contract must:

(1) Meet state and federal requirements;

(2) Not prevent the physician from providing medical services in the designated shortage area after the term of employment. A noncompetition clause or any provision that purports to limit the national interest waiver physician’s ability to remain in the area upon completion of the contract term is prohibited;

(3) State that the physician must serve medicare clients, medicaid clients, low-income clients, uninsured clients and the population of the federal designation for the area of underservice full time;

(4) Guarantee the physician a base salary of at least ninety-five percent (95%) of step II of the local prevailing wage for the field of practice in the area to be served;

(5) Specify that benefits offered are not included as part of the base salary;

(6) Include annual, sick, continuing medical education and holiday leave;

(7) State that amendments shall adhere to state and federal national interest waiver requirements;

(8) Acknowledge that the contract may be terminated only with cause and cannot be terminated by mutual agreement until the statutorily required five (5) years of medical service have expired;

(9) Be assignable only by the employer to a successor with concurrence of the department;

(10) Include the practice site address, the days and hours of practice and field of medicine;

(11) Include a statement that the employment will start within ninety (90) days after the waiver approval has been issued;

(12) Not be subject to changes which result in termination of contract, change in practice scope or relocation from a site approved in the application. Any proposed changes must be presented in writing to the department for consideration and approval at least thirty (30) days prior to the proposed change. Moving or placement of a physician to a location that was not approved by the department will result in the physician and applicant being in noncompliance with the program. It will also limit the applicant’s future participation in the program; and

(13) Be signed by both the national interest waiver petitioning physician and the applicant employer, and the date it is signed must be clear.

History:

[39-6109A, added 2009, ch. 106, sec. 10, p. 331.]