Regular Session 2023-2024 Senate Bill 0162 P.N. 1202

HOUSE AMENDED

PRIOR PRINTER'S NO. 43

PRINTER'S NO. 1202

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

162

Session of

2023

INTRODUCED BY HUTCHINSON, KANE, MASTRIANO, PENNYCUICK,

BARTOLOTTA, STEFANO AND J. WARD, JANUARY 17, 2023

AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,

OCTOBER 31, 2023

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, in military educational programs

relating to medical officer or health officer incentive

program, further providing for definitions, for establishment

of program, for program stipend, for additional incentives,

for recoupment of incentive payments and, for adjustment of

stipend amounts AND FOR ELIGIBILITY; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The heading of Subchapter B of Chapter 32 and

sections 3211, 3212, 3213, 3214, 3216 and 3217 3216, 3217 AND

3223 of Title 51 of the Pennsylvania Consolidated Statutes are

amended to read:

SUBCHAPTER B

[MEDICAL OFFICER OR HEALTH CARE] SPECIALTY BRANCH

OFFICER INCENTIVE PROGRAM

§ 3211. Definitions.

The following words and phrases when used in this subchapter

<--

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

["Behavioral health officer." An officer who:

(1) holds a license to practice psychology under the act

of March 23, 1972 (P.L.136, No.52), known as the Professional

Psychologists Practice Act, or is a licensed clinical social

worker as defined in section 3 of the act of July 9, 1987

(P.L.220, No.39), known as the Social Workers, Marriage and

Family Therapists and Professional Counselors Act;

(2) has malpractice insurance, is self-insured or

maintains insurance through a private employer; and

(3) meets any applicable Federal requirements for the

Pennsylvania National Guard.

"Medical officer or health officer." An officer who is any

of the following:

(1) A resident physician.

(2) A physician.

(3) A physician assistant.

(4) A behavioral health officer.

(5) A public health officer or environmental science

officer.]

"CHAPLAIN." AN OFFICER WHO SERVES IN THE UNITED STATES ARMY

CHAPLAIN CORPS.

"Health care officer." An officer who serves in one of the

United States Air Force's following health care professions:

(1) Doctor.

(2) Nurse.

(3) Dentist.

(4) Allied Health.

(5) Administration.

20230SB0162PN1202 - 2 -

<--

"JAG OFFICER." AN OFFICER WHO SERVES IN THE UNITED STATES

ARMY JUDGE ADVOCATE GENERAL'S CORPS.

"Medical officer." An officer who serves in one of the

United States Army Medical Department's six corps:

(1) Dental Corps.

(2) Medical Corps.

(3) Medical Services Corps.

(4) Medical Specialist Corps.

(5) Nurse Corps.

(6) Veterinary Corps.

"Member in good standing." A member of the Pennsylvania

National Guard who meets all medical, training, physical and

educational requirements for service and who is a satisfactory

participant in all scheduled duties and training periods.

["Physician." An officer assigned to and serving in an

authorized Army Medical Corps or Air Force Medical Corps

position who:

(1) has completed a medicine residency program; and

(2) is currently practicing medicine in the United

States or its territories.

"Physician assistant." An officer who:

(1) is licensed as a physician assistant under the act

of December 20, 1985 (P.L.457, No.112), known as the Medical

Practice Act of 1985; and

(2) meets any applicable Federal requirements for the

Pennsylvania National Guard.]

"Program." The [Medical Officer or Health Care] SPECIALTY

BRANCH Officer Incentive Program.

["Public health officer" or "environmental science officer."

An officer who holds a minimum of a bachelor's degree from an

20230SB0162PN1202 - 3 -

<--

educational program accredited by an agency recognized by the

United States Secretary of Education in an environmental science

related field of study, including any of the following majors or

their equivalent:

(1) Environmental science, environmental health or

environmental management.

(2) Occupational health.

(3) Industrial hygiene.

(4) Public health.

(5) Sanitary science or epidemiology.

(6) Biology, chemistry, toxicology, geology,

microbiology, biochemistry or zoology.

"Resident physician." An officer who:

(1) is assigned to a medical position in the

Pennsylvania National Guard;

(2) is a medical doctor or doctor of osteopathy

participating in graduate training;

(3) holds a license to practice medicine under the

Medical Practice Act of 1985; and

(4) meets any applicable Federal requirements for the

Pennsylvania National Guard.]

§ 3212. Establishment of program.

The [Medical Officer or Health Care] SPECIALTY BRANCH Officer

Incentive Program is established within the department to

provide educational stipends to eligible [medical officers or

health care] SPECIALTY BRANCH officers in accordance with the

provisions of this subchapter.

§ 3213. Program stipend.

(a) General rule.--

[(1) A resident physician, physician or physician

20230SB0162PN1202 - 4 -

<--

assistant who meets the requirements under subsection (c) may

receive a stipend of $1,000 per month for no more than 48

months of medicine residency or the first 36 accession months

of service to the Pennsylvania National Guard.

(2) A behavioral health officer, public health officer

or environmental science officer who meets the requirements

under subsection (c) may receive a stipend of $500 per month

for no more than the first 36 accession months of service to

the Pennsylvania National Guard.]

(3) A medical officer or health care officer who is

required to have obtained a doctoral degree for entry into

the officer's military specialty and who meets the

requirements under subsection (c) may receive a stipend of

$1,000 per month for no more than 48 months of medicine

residency or the first 36 accession months of service to the

Pennsylvania National Guard.

(4) A medical officer or health care officer who is

required to have obtained a master's degree for entry into

the officer's military specialty who meets the requirements

under subsection (c) may receive a stipend of $750 per month

for no more than 48 months of medicine residency or the first

36 accession months of service to the Pennsylvania National

Guard.

(5) A medical officer or health care officer who is

required to have obtained a bachelor's degree for entry into

the officer's military specialty who meets the requirements

under subsection (c) may receive a stipend of $500 per month

for no more than 48 months of medicine residency or the first

36 accession months of service to the Pennsylvania National

Guard.

20230SB0162PN1202 - 5 -

(6) A JAG OFFICER WHO IS REQUIRED TO HAVE OBTAINED A

JURIS DOCTOR DEGREE AND A LICENSE TO PRACTICE LAW IN THIS

COMMONWEALTH FOR ENTRY INTO THE OFFICER'S MILITARY SPECIALTY

AND WHO MEETS THE REQUIREMENTS UNDER SUBSECTION (C) MAY

RECEIVE A STIPEND OF $750 PER MONTH FOR THE FIRST 36

ACCESSION MONTHS OF SERVICE TO THE PENNSYLVANIA NATIONAL

GUARD.

(7) A CHAPLAIN WHO IS REQUIRED TO OBTAIN A BACHELOR'S

DEGREE, AN ECCLESIASTICAL ENDORSEMENT AND A SEMINARY GRADUATE

DEGREE AND IS ORDAINED FOR ENTRY INTO THE OFFICER'S MILITARY

SPECIALTY AND WHO MEETS THE REQUIREMENTS UNDER SUBSECTION (C)

MAY RECEIVE A STIPEND OF $750 PER MONTH FOR THE FIRST 36

ACCESSION MONTHS OF SERVICE TO THE PENNSYLVANIA NATIONAL

GUARD.

(b) Areas of concentration.--An area of concentration

qualification for a medical or health officer must be approved

by the National Guard Bureau through a predetermination request

completed by the Pennsylvania Army National Guard Army Medical

Department Officer Strength Manager or the Pennsylvania Air

National Guard State Air Surgeon.

(b.1) Eligibility.--Medical officers and health care

officers assigned to administrative, planning or logistical

concentrations shall not be eligible for the program.

subsection (a), a [medical officer or health care] SPECIALTY

BRANCH officer shall meet all of the following:

(1) Be a member in good standing with the Pennsylvania

National Guard.

(2) Be assigned to an appropriate medical [or], health,

LEGAL OR RELIGIOUS position in the Pennsylvania National

20230SB0162PN1202 - 6 -

<--

Guard.

(3) Agree to serve as a [medical officer or health care]

SPECIALTY BRANCH officer in the Pennsylvania National Guard

[after completion of residency or initial service obligation]

for a period of one month for each monthly stipend received.

This service obligation shall be concurrent with any other

military service obligation of the officer.

(4) Meet Federal and State licensing requirements to

practice within the officer's medical specialty within the

Commonwealth of Pennsylvania.

(5) Meet any applicable Federal requirements for the

Pennsylvania National Guard.

(6) Once licensed and eligible to be granted, maintain

clinical privileges as awarded at the national guard level by

the Centralized Credentials and Privileging Preparation Board

(C2P2).

(d) Receipt of stipend.--A stipend under subsection (a)

shall be paid to an eligible [medical officer or health care]

SPECIALTY BRANCH officer whose application for the stipend is

approved at the completion of each month of residency or

service. A [medical officer or health care] SPECIALTY BRANCH

officer may not receive a stipend under subsection (a) for more

than 48 months during the period of service in the Pennsylvania

National Guard.

(e) Adjustments.--If the Adjutant General determines that

the amount available for the program in any year will be

insufficient to provide stipends in the amount described under

subsection (a), the Adjutant General may place a cap on the

number of [medical officers or health care] SPECIALTY BRANCH

officers eligible to receive stipends or may adjust the amount

20230SB0162PN1202 - 7 -

<--

of the annual stipend.

(f) Construction.--Nothing in this section shall be

construed to prohibit a medical officer or health care officer

who is serving in the Pennsylvania National Guard before the

effective date of this section and who meets the requirements

under subsection (c) from receiving a stipend under subsection

(a) during the period of [medicine] medical residency or

service.

§ 3214. Additional incentives.

To the extent that funds are available, the Adjutant General

may, by regulation, establish additional incentives to aid in

the recruitment and retention of [medical officers or health

care] SPECIALTY BRANCH officers in the Pennsylvania National

Guard, provided that payment of such additional incentives shall

not result in a cap on participation or reduction in the amount

of stipends paid under section 3213 (relating to program

stipend).

§ 3216. Recoupment of incentive payments.

(a) General rule.--A recipient of a stipend or other

incentive payment under this subchapter who fails to complete

[his] the recipient's service obligation or to meet other

requirements established by the Adjutant General is liable to

the Commonwealth for repayment of all incentive payments made.

The Adjutant General shall notify the department if the

recipient fails to complete the service obligation, and the

promissory note under section 3215 (relating to promissory note)

shall be called to secure payment in full upon demand on a

schedule as the department may determine.

(b) Forgiveness of recoupment.--The Adjutant General may

forgive recoupment of all or part of a recipient's stipend or

20230SB0162PN1202 - 8 -

<--

other incentive payment if the Adjutant General determines that

[his] the recipient's failure to fulfill the service obligation

was the result of [his] the recipient's death, discharge because

of disability incurred in line of duty, discharge because of a

medical determination that [he] the recipient is medically unfit

for duty when the medical condition is outside [his] the

recipient's control and is not due to [his] the recipient's

misconduct, mandatory discharge, release or retirement for age

or years of service or discharge, release, transfer or

retirement because of other compelling circumstances outside

[his] the recipient's control.

§ 3217. Adjustment of stipend amounts.

Beginning on January 1, [2016] 2024, and every [two] five

years thereafter, the Adjutant General may adjust, by notice

published in the Pennsylvania Bulletin, the amounts of the

stipends set forth in this subchapter by an amount equal to the

change in the applicable Consumer Price Index in the preceding

[two] five years provided that the Adjutant General finds

sufficient funds are appropriated and available to pay for the

adjusted stipends.

§ 3223. ELIGIBILITY.

AN ELIGIBLE MEMBER MAY [APPLY FOR PARTICIPATION] PARTICIPATE

IN THE PROGRAM IF THE ELIGIBLE MEMBER DOES OR MEETS ALL OF THE

FOLLOWING:

[(1) HAS BEEN A SATISFACTORY PARTICIPANT IN PENNSYLVANIA

NATIONAL GUARD ACTIVITIES FOR A MINIMUM SERVICE PERIOD

ESTABLISHED BY THE ADJUTANT GENERAL OR IS A FORMER ELIGIBLE

MEMBER AND HAS RECEIVED A DISCHARGE OTHER THAN A DISHONORABLE

DISCHARGE.]

(2) [HAS ACCEPTED] ACCEPTS AN OBLIGATION TO SERVE IN THE

20230SB0162PN1202 - 9 -

<--

PENNSYLVANIA NATIONAL GUARD FOR A PERIOD OF AT LEAST EIGHT

YEARS AND HAS NOT ACCEPTED AN OBLIGATION UNDER SUBCHAPTER A

(RELATING TO EDUCATIONAL ASSISTANCE PROGRAM) OR A.1 (RELATING

TO MILITARY FAMILY EDUCATION PROGRAM) FOR THE SAME SERVICE

PERIOD. THE SERVICE OBLIGATION TO THE PENNSYLVANIA NATIONAL

GUARD SHALL BE TWO YEARS AS A CADET IN THE MILITARY COLLEGE

AND EIGHT YEARS AS A COMMISSIONED OFFICER.

(3) SERVES AS A SIMULTANEOUS MEMBERSHIP PROGRAM CADET IN

THE PENNSYLVANIA NATIONAL GUARD AND ACCEPTS A PENNSYLVANIA

NATIONAL GUARD COMMISSION UPON GRADUATION FROM THE MILITARY

COLLEGE.

(4) PROVIDES PROOF OF UNITED STATES CITIZENSHIP.

(5) PROVIDES PROOF OF MEETING PHYSICAL STANDARDS, IN

EFFECT ON THE EFFECTIVE DATE OF THIS SECTION, REQUIRED TO BE

CONSIDERED TO SERVE IN THE UNITED STATES ARMY.

(6) PROVIDES PROOF OF MEETING ACADEMIC STANDARDS, IN

EFFECT ON THE EFFECTIVE DATE OF THIS SECTION, REQUIRED TO BE

CONSIDERED TO SERVE IN THE UNITED STATES ARMY AS A

COMMISSIONED OFFICER.

(7) PROVIDES A LETTER OF INTENT.

(8) PROVIDES A LETTER OF ACCEPTANCE INTO THE EARLY

COMMISSIONING PROGRAM.

Section 2. This act shall take effect in 60 days.

20230SB0162PN1202 - 10 -