# Title 43 — Occupations and Professions

## Chapter 43-28.1 — Dentists' Loan Repayment Program

### § 43-28.1-01. Loan repayment program - Dentists - Defined need - Maximum amount of

funds.
Annually, the department of health and human services shall select, from a pool of
applicants, dentists who will provide dental services in cities or surrounding areas, or both, in
this state which the department of health and human services identifies as having a defined
need for dental services. The dentists selected from this pool of applicants shall agree to accept
medical assistance patients and assignments or provide dental services in a public health clinic,
a practice with a focus on an underserved population, or a nonprofit dental clinic. A selected
dentist who agrees to the terms of this program is eligible to receive funds for the repayment of
the dentist's education loans. The funds, which are payable over a five-year period, may not
exceed one hundred thousand dollars per applicant. If the department of health and human
services accepts any gifts, grants, or donations under this chapter, the department of health and
human services may select additional dentists for participation in the loan repayment program
under this chapter.
### § 43-28.1-01.1. Loan repayment program for dentists in public health and nonprofit

dental clinics.
Repealed by S.L. 2015, ch. 303, § 6.
### § 43-28.1-02. Loan repayment program - Dentists - Powers of state health council.

Repealed by S.L. 2015, ch. 303, § 6.
### § 43-28.1-03. Criteria.

1. The department of health and human services shall establish criteria to be used in
selecting qualified dentists and in identifying cities or surrounding areas, or both, that
have a defined need for dental services. The criteria must include consideration of:
a. The number of dentists already providing dental services in the city or
surrounding areas, or both;
b. Access to dental services in the city and the surrounding areas;
c. How the dentist will provide dental services to individuals on medical assistance
or in a public health clinic, a practice with a focus on an underserved population,
or a nonprofit dental clinic; and
d. The dentist's training in general dentistry or in a dental specialty and the extent to
which such services are needed in the identified city or surrounding areas, or
both.
2. As a term of receipt of funds under this chapter, a dentist shall accept medical
assistance patients and assignments or provide dental services in a public health
clinic, a practice with a focus on an underserved population, or a nonprofit dental
clinic. For purposes of a dentist selected for loan payment under this chapter who
practices within fifteen miles [24.14 kilometers] of the city limits of one of the three
largest cities in the state, to qualify to receive a yearly disbursement under this chapter
during that year of obligated service, the dentist must have:
a. Received dental medical payments of at least twenty thousand dollars in the form
of medical assistance reimbursement; or
b. Practiced at least two full workdays per week at a public health clinic or at a
nonprofit dental clinic that uses a sliding fee schedule to bill the nonprofit dental
clinic's patients.
3. The department of health and human services may consult with public and private
sector entities in establishing criteria and evaluating needs based on the criteria.
### § 43-28.1-04. Community selection criteria.

Repealed by S.L. 2015, ch. 303, § 6.

### § 43-28.1-05. Eligible loans.

The department of health and human services may provide for loan repayment funds to a
dentist who has received an education loan. The department of health and human services may
not provide funds for the repayment of any loan that is in default at the time of the application.
The amount of repayment must be related to the dentist's outstanding education loans. A dentist
is eligible to receive loan repayment funds in an amount equal to the outstanding balance of the
dentist's education loans with applicable interest, or one hundred thousand dollars, whichever is
less. Loan repayment funds may not be used to satisfy other service obligations under similar
programs.
### § 43-28.1-06. Breach of loan repayment contract.

Repealed by S.L. 2017, ch. 292, § 3.
### § 43-28.1-07. Contract obligation.

The department of health and human services shall enter a contract with a selected dentist.
The contract must provide the department of health and human services agrees to make
payments of loan repayment funds to the selected dentist, subject to the dentist meeting the
requirements and limitations established by the department of health and human services under
this chapter.
### § 43-28.1-08. Payment - Termination.

1. The department of health and human services may not provide any loan repayment
funds to a dentist under this chapter until the dentist has practiced at least six months
on a full-time basis in the city or surrounding areas, or both, the department of health
and human services has identified as having a defined need for dental services.
2. Except as otherwise provided, the department of health and human services shall
make payments under this chapter at the conclusion of each of the five twelve-month
periods of service during which the dentist met the qualifying terms of the contract. The
department of health and human services may make a prorated payment under this
chapter if during the twelve-month period the dentist failed to meet the qualifying terms
of the contract.
3. Payments under this chapter terminate upon the earlier of completion of five years as
a participant in this loan repayment program or failure of the dentist to meet the
qualifying terms under the contract.
### § 43-28.1-09. Gifts, grants, and donations - Continuing appropriation.

The department of health and human services may accept any conditional or unconditional
gift, grant, or donation for the purpose of providing funds for the repayment of dentists'
educational loans. If any entity desires to provide funds to the department of health and human
services to allow an expansion of the program beyond the dentists contemplated by this
chapter, the entity shall commit to fund fully the expansion for a period of five years. The
department of health and human services may contract with any public or private entity and may
expend any moneys available to the department of health and human services to obtain
matching funds for the purposes of this chapter. All money received as gifts, grants, or
donations under this section is appropriated as a continuing appropriation to the department of
health and human services for the purpose of providing funds for the repayment of additional
dentists' educational loans.
### § 43-28.1-10. New practices - Grants.

Repealed by S.L. 2015, ch. 303, § 6.
