[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR57.302]



[Page 278-279]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 57_GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES, EDUCATIONAL 

IMPROVEMENTS, SCHOLARSHIPS AND STUDENT LOANS--Table of Contents

 

                     Subpart D_Nursing Student Loans

 

Sec.  57.302  Definitions.



    As used in this subpart:

    Academic year means the traditional, approximately 9-month September 

to June annual session. For the purpose of computing academic year 

equivalents for students who, during a 12-month period, attend for a 

longer period than the traditional academic year, the academic year will 

be considered to be of 9 months' duration.

    Act means the Public Health Service Act, as amended.

    Community health center means an entity as defined under section 

330(a) of the Public Health Service Act, and in regulations at 42 CFR 

51c.102(c).

    Date upon which a student ceases to be a full-time or half-time 

student means the first day of the month which is nearest to the date 

upon which an individual ceases to be a full-time or half-time student, 

as defined in this section.

    Default means the failure of a borrower of a loan made under this 

subpart to make an installment payment when due, or comply with any 

other term of the promissory note for such loan, except that a loan made 

under this subpart shall not be considered to be in default if the loan 

is discharged in bankruptcy, the borrower's repayment schedule has been 

renegotiated and the borrower is complying with the renegotiated 

schedule, or the loan is in forbearance.

    Federal capital loan means a loan made by the Secretary to a school 

under section 827(a) of the Act, as in effect prior to July 29, 1975, 

the proceeds of which are to be returned to the Secretary.

    Full-time student means a student who is enrolled in a school and 

pursuing a course of study which constitutes a full-time academic 

workload, as determined by the school, leading to a diploma in nursing, 

an associate degree in nursing or an equivalent degree, a baccalaureate 

degree in nursing or an equivalent degree, or a graduate degree in 

nursing.

    Good standing means the eligibility of a student to continue in 

attendance at the school where he or she is enrolled as a student in 

accordance with the school's standards and practices.

    Grace period means the period of 9 months beginning on the date upon 

which a student ceases to be a full-time or half-time student at a 

school of nursing.

    Half-time student means a student who is enrolled in a school and 

pursuing a course of study which constitutes at least one-half of a 

full-time academic workload but less than a full-time academic workload, 

as determined by the school, leading to a diploma in nursing, an 

associate degree in nursing or an equivalent degree, a baccalaureate 

degree in nursing or an equivalent degree, or a graduate degree in 

nursing.

    Indian Health Service health center means a health care facility 

(whether operated directly by the Indian Health Service or operated by a 

tribal contractor or grantee under the Indian Self-Determination Act), 

which is physically separated from a hospital, and which provides one or 

more clinical treatment services, such as physician, dentist or nursing 

services, available at least 40 hours a week for outpatient care to 

persons of Indian or Alaska Native descent.

    Institutional capital contribution means the money provided by a 

school, in an amount not less than one-ninth of the Federal capital 

contribution, and deposited in a nursing student loan fund.

    Migrant health center means an entity as defined under section 

329(a) of the Public Health Service Act, and in regulations at 42 CFR 

56.102(g).

    National of the United States means: (1) A citizen of the United 

States, or (2) a person who, though not a citizen of the United States, 

owes permanent allegiance to the United States, as defined in the 

Immigration and Nationality Act, at 8 U.S.C. 1101(a)(22).

    Native Hawaiian health center means an entity (as defined in section 

8 of Public Law 100-579)--

    (a) Which is organized under the laws of the State of Hawaii,

    (b) Which provides or arranges for health care services through 

practitioners licensed by the State of Hawaii, where licensure 

requirements are applicable,

    (c) Which is a public or private nonprofit entity, and

    (d) In which Native Hawaiian health practitioners significantly 

participate



[[Page 279]]



in the planning, management, monitoring, and evaluation of health 

services.

    Nursing facility means a facility as defined in section 1919(a) of 

the Social Security Act (SSA) (for fiscal year (FY) 1991 and subsequent 

fiscal years), except for FYs 1989 and 1990, the term means a ``skilled 

nursing facility,'' as such term is defined in section 1861(j) of the 

SSA, and an ``intermediate care facility,'' as such term is defined in 

section 1905(c) of such Act.

    Nursing student loan means the amount of money advanced to a student 

by a school from a nursing student loan fund under a properly executed 

promissory note.

    Registered nurse means an individual who has been licensed by a 

State Board of Nursing to practice professional nursing in accordance 

with State licensing laws requiring as a minimum one of the degrees or 

diplomas specified in this section.

    Rural health clinic means an entity as defined under section 

1861(aa)(2) of the Social Security Act, and in regulations at 42 CFR 

491.2.

    School means a public or other nonprofit school of nursing, as 

defined in section 853 of the Act.

    Secretary means the Secretary of Health and Human Services and any 

other officer or employee to whom the authority involved has been 

delegated.

    State means, in addition to the several States, the District of 

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 

Republic of Palau, the Republic of the Marshall Islands, and the 

Federated States of Micronesia.



[50 FR 34434, Aug. 23, 1985, as amended at 52 FR 10195, Mar. 30, 1987; 

53 FR 46554, Nov. 17, 1988; 56 FR 13771, Apr. 4, 1991; 61 FR 6123, Feb. 

16, 1996]