Chapter 54

17 GCA EDUCATION CH. 54 BIRÅDA ACT CHAPTER 54 BIRÅDA ACT SOURCE : Entire chapter added by P.L. 36-088:1 (Apr. 7, 20 22). § 54101. Establishment and Short Title. § 54102. Purpose and Intent. § 54103. Definitions. § 54104. Administration. § 54105. Program and Eligibility. § 54106. Service Obligation. § 54107. Funding. § 54101. Establishment and Short Title. There is hereby established the Biråda Act. § 54102. Purpose and Intent. The intent of this Act is to build Guam’s healthcar e capacity. Currently, there is established the 'Physician Recruitment and Retention Education Debt Repayment Program' ; however, the benefits of this program have yet to be realized. I n 2021, the 36th Guam Legislature’s Committee on Regional Affairs wo rked closely with the Western Interstate Commission for Higher Education (WICHE) to secure a U.S. Department of th e Interior Office of Insular Affairs Technical Assistance Prog ram Grant to increase access to postsecondary opportunities by i ncreasing affordability for insular students and ultimately b uilding the capacity of the U.S. Pacific Territories and Freely Associated States.

to increase access to postsecondary opportunities by i ncreasing affordability for insular students and ultimately b uilding the capacity of the U.S. Pacific Territories and Freely Associated States. Through this, students of Guam can pursue a college education and reduced nonresident tuition at over o ne hundred sixty (160) partner colleges for their undergraduat e and graduate degrees in a variety of fields – excluding professi onal healthcare degrees, such as medicine. Based on the success of this initiative, Guam’s current dues of Seventy-eight Thousand Dolla rs ($78,000) for the WICHE program no longer needs to be appropriated by I Liheslatura for the next fiscal year. I Liheslatura acknowledges that it is prudent to build Guam’s healthcare capacity. As it stands, the cost of a pr ofessional healthcare education presents a challenge for many of our local COL5/16/202217 GCA EDUCATION CH. 54 BIRÅDA ACT students. Students who are fortunate to attain such education tend to accept higher paying jobs in order to pay for th eir exorbitant investment – mainly off island. The intent of this Act is to allow Guam’s local students to attain an affordable, worl d-class professional

pt higher paying jobs in order to pay for th eir exorbitant investment – mainly off island. The intent of this Act is to allow Guam’s local students to attain an affordable, worl d-class professional healthcare education and have them com e back to the island to serve our community in need. Based on I Liheslatura's findings, there may be a need to also create the necessary infrastructure to allow for lo cal students to be competitive with their counterparts, and obtain acc eptance into professional healthcare education programs. I Liheslatura further acknowledges the successes of the Guam Community Co llege in implementing such programs. The intent of this Act is to allow the Guam Communi ty College to serve as the administrative officer of t he WICHE Professional Student Exchange Program (PSEP) for Gu am residents, which would allow students to pursue car eers in ten (10) healthcare fields served by partner programs in WIC HE member states, while receiving financial support from thei r state/territory to support tuition costs over the duration of a hea lth degree. By participating in WICHE’s Professional Student Excha nge Program (PSEP), western states and territories bene fit by

r state/territory to support tuition costs over the duration of a hea lth degree. By participating in WICHE’s Professional Student Excha nge Program (PSEP), western states and territories bene fit by inspiring and compelling graduates to return home to practice and bolster the professional health care workforce of their com munities. This Act would establish and fund the required Scho larship Office for the WICHE PSEP within the Guam Community College. The Scholarship Office would, in turn, det ermine a student’s eligibility and work with I Liheslatura , community partners, and governmental stakeholders to fund the per-student, annual fee. Should a student be funded through loca l private entities, the student would in turn be required to fulfill their service obligation to the private sponsor. Should a student be supported through public funds, the student would t hen be required to fulfill their service obligation to an instrumentality of the government of Guam. § 54103. Definitions. As used in this Chapter: COL5/16/202217 GCA EDUCATION CH. 54 BIRÅDA ACT (a) Committee shall mean the Guam Community College President, the Guam Community College Board of Trustees Chairperson, the

s. As used in this Chapter: COL5/16/202217 GCA EDUCATION CH. 54 BIRÅDA ACT (a) Committee shall mean the Guam Community College President, the Guam Community College Board of Trustees Chairperson, the CEO/Administrator of the Guam Economic Development Authority, the Administrator o f the Guam Memorial Hospital Authority, the Director of t he Guam Department of Public Health and Social Service s, the Director of the Guam Behavioral Health and Wellness Center, the Chairperson of the Guam Board of Medica l Examiners, and the President of the Guam Medical Association. (b) Participant shall mean any individual who is awarded sponsorship through the Scholarship Office. (c) Public health care facility shall mean a government-run health care facility or entity on Gu am. (d) Private health care facility shall mean a privately-run health care facility on Guam. (e) Program shall mean the Western Interstate Commission for Higher Education Professional Studen t Exchange Program. (f) Scholarship Office shall mean an office at the Guam Community College created specifically to admi nister the Western Interstate Commission for Higher Educat ion Professional Student Exchange Program for Guam resi

fice shall mean an office at the Guam Community College created specifically to admi nister the Western Interstate Commission for Higher Educat ion Professional Student Exchange Program for Guam resi dents. (g) Qualifying health specialty shall include health specialties covered under the Western Interstate Co mmission for Higher Education Professional Student Exchange Program. (h) Service obligation shall mean the obligation by the participant to provide health care services in their specialty for a period pursuant to § 54106 of this Chapter. § 54104. Administration. The provisions of this Chapter shall be administere d by the Guam Community College under the purview of the Pre sident. A Scholarship Office shall be created as an entity wi thin the Guam COL5/16/202217 GCA EDUCATION CH. 54 BIRÅDA ACT Community College to administer the WICHE PSEP for Guam residents. The Scholarship Office shall develop guidelines for the administration of the Program, to be inclusive of t he following: (a) develop an application process for students to apply for consideration for support; (b) develop a selection and appeals process for students who wish to apply for higher education in qualifying

: (a) develop an application process for students to apply for consideration for support; (b) develop a selection and appeals process for students who wish to apply for higher education in qualifying health fields; (c) develop a criterion for a contract obligating recipients to a service obligation or repayment whe re applicable; (d) collect and manage repayments from participants who do not meet their service obligations; (e) solicit and accept grants and donations from public and private sources for the Program; (f) create a mechanism for private health care facilities to sponsor participants who wish to part icipate in the Program; (g) publicize the Program to maximize participation among individuals in shortage areas and among popul ations expected to experience the greatest growth in the w orkforce; (h) establish a ceiling of any public funds availab le for sponsorship of local students into the Program; and (i) establish and maintain a separate account withi n the Guam Community College to receive funds from bo th public and private sources that is to be used stric tly for the Program. § 54105. Program and Eligibility.

d maintain a separate account withi n the Guam Community College to receive funds from bo th public and private sources that is to be used stric tly for the Program. § 54105. Program and Eligibility. Eligibility into the Program shall be determined by the Scholarship Office based on the following criteria: (a) The participant is a bonafide resident of Guam, having resided on Guam for a period of five (5) yea rs. COL5/16/202217 GCA EDUCATION CH. 54 BIRÅDA ACT Nothing in this Section shall prohibit a participan t who may have received their undergraduate degree at an off- island college or a participant who has served off-island as a member of the United States Armed Forces from quali fying; provided, that the participant presents documented proof of five (5) years of consecutive residency on Guam pri or to attending an off-island college or serving in the U nited States Armed Forces. Nothing in this Section shall prohibit a participan t from qualifying who may have lived off-island due to the ir legal guardian being legally separated, and the participa nt was living off-island with their guardian; provided, th at the other guardian is a resident of Guam who has lived on Gua m for

e to the ir legal guardian being legally separated, and the participa nt was living off-island with their guardian; provided, th at the other guardian is a resident of Guam who has lived on Gua m for five (5) years consecutively. The participant is re quired to furnish documents to verify such claims. (b) The participant has the necessary pre-requisite s to enter a professional healthcare program as defined and stipulated under the WICHE PSEP, and the participat ing school. (c) The participant shall not be receiving any othe r assistance from another state or territory for the purposes of attaining a professional healthcare degree. (d) The participant shall enter into a contract wit h the Scholarship Office stating their commitment and des ire to serve in Guam. (e) Any participant who chooses to participate in t he Program and be sponsored by a private health care f acility may submit as an addendum to their application, a s igned affidavit by both the participant and the private h ealth care facility, outlining the intent of the sponsorship, as well as the health professional shortage area that the particip ant intends to pursue and the total sponsorship amount that the private

alth care facility, outlining the intent of the sponsorship, as well as the health professional shortage area that the particip ant intends to pursue and the total sponsorship amount that the private health care facility commits to contribute. Nothing in this Section shall prohibit a participan t from applying and being sponsored by a private health ca re facility without the aforementioned affidavit. The Scholarsh ip Office, as outlined in § 54104(e) of this Chapter, may COL5/16/202217 GCA EDUCATION CH. 54 BIRÅDA ACT develop its own pool of donors that the Committee m ay utilize funds from and award sponsorships. (f) A participant may apply to the Program prior to acceptance from a partner school in the Program; ho wever, no funds will be disbursed until a participant furn ishes to the Scholarship Office proof of acceptance into a progr am within the scope of a qualifying health specialty. (g) The participant must furnish a police clearance , and not be charged with a felony, crime of moral tu rpitude, or criminal sexual conduct, upon application and th roughout the term of their participation in the Program.

furnish a police clearance , and not be charged with a felony, crime of moral tu rpitude, or criminal sexual conduct, upon application and th roughout the term of their participation in the Program. Sho uld a participant be charged with an aforementioned crime during the course of their education, the Committee shall determine the individual’s eligibility to remain in the Progr am. Should a participant be deemed ineligible, the participant is obligated to return any funds used to sponsor said participan t in the Program. § 54106. Service Obligation. (a) The participant agrees to actively engage in fu ll-time professional practice in Guam in the qualifying hea lth specialty in which he or she was educated for not less than five (5) years as the Committee requires. The taking of a medical res idency program in Guam shall be credited toward the practi ce requirements at the rate of one-third (1/3) year of full-time practice for each year of service in a medical resi dency program in Guam. (b) Participants who participate in an accelerated track are required to serve the equivalent of the non-acceler ated track of the similar program.

of service in a medical resi dency program in Guam. (b) Participants who participate in an accelerated track are required to serve the equivalent of the non-acceler ated track of the similar program. (c) Prior to disbursing any funds to the participan t’s accepted school, the Scholarship Office shall enter into a c ontract with the participant outlining the service obligation. Such contract shall include a repayment plan should the participant def ault on their obligation. The repayment plan may include a deferm ent of up to six (6) months after the participant’s graduation o r residency, whichever is later. COL5/16/202217 GCA EDUCATION CH. 54 BIRÅDA ACT § 54107. Funding. (a) The Scholarship Office shall establish a separa te account within the Guam Community College to administer the Program. (b) The Scholarship Office shall solicit from the G uam Economic Development Authority funds that may be ut ilized from the Qualifying Certificate Program to build Guam’s healthcare capacity. Participants sponsored under this funding source shall be required to complete their service obligation in a public health care facility.

ying Certificate Program to build Guam’s healthcare capacity. Participants sponsored under this funding source shall be required to complete their service obligation in a public health care facility. (c) The Scholarship Office may further solicit fund s from private health care facilities. Private health care facilities may sponsor participants into the Program as an eligibl e business expense; provided, that the private health care fac ility is established to function within the scope of a healt h professional shortage area, and provided, that the total sponsor ship amount of the participant for the duration of the Program is transferred to the Scholarship Office prior to the participant beginni ng his/her course of study. Participants who are sponsored thr ough this partnership are eligible to complete their service obligation in the private health care facility that sponsored their c ourse of study pursuant to the same terms as defined in § 54106 of this Chapter. ---------- COL5/16/2022