Chapter 1

Section 4. Definitions—Wyoming Investment in Nursing Program.

This section provides definitions related to the Wyoming Investment in Nursing Program.

(a) “ADRN” means Registered Nurse with an Associate’s (2-year) Degree.

(b) “Approved higher education institution” means one of the seven Wyoming community colleges, the University of Wyoming, an institution included in the Western Interstate Commission for Higher Education, or a distance nursing education program at a university that is regionally accredited.

(c) “Board of Directors” or “Board” mean the members of the Community College Commission.

(d) “Board of Nursing” is the Wyoming agency which examines, licenses, renews, relicenses, and reactivates the licenses of duly qualified individuals to practice nursing within the state of Wyoming.

(e) “BSN” means Baccalaureate of Science in Nursing.

(f) “Community college” means any of the seven 2-year institutions of higher education in Wyoming recognized by the Wyoming Community College Commission.

(g) “Cost of Attendance” means tuition and fees; on-campus room and board or a housing and food allowance for off-campus students; allowances for books, supplies, transportation, loan fees, and, if applicable, dependant care; and costs related to disability.

(h) “Distance learning” means an educational program delivered primarily through means other than on-site instruction.

(i) “FAFSA” means Free Application for Federal Student Aid.

(j) “Federal financial assistance” means grants from the United States Department of Education or other federal agencies.

(k) “Financial aid officer” means a financial aid officer of the University of Wyoming or of the seven designated colleges.

(l) “Financial institution” means any banking corporation or institution engaged primarily in lending or investing funds and authorized to do business in the state.

(m) “Licensure examination” means the test required before the Wyoming Board of Nursing grants an individual a license to practice nursing.

(n) “LPN” means Licensed Practical Nurse.

(o) “Nurse aide” means an individual to whom a licensed nurse may delegate nursing or nursing-related activities or who assists licensed nursing personnel in the provision of nursing care, and who is not otherwise licensed as a health care professional.

(p) “Nursing program” means a series of courses leading to an LPN certificate or an ADRN degree provided through a Wyoming community college; or a BSN degree or a Master’s degree provided through the University of Wyoming; or, in the case of a candidate for a doctoral degree, provided through an institution offering the required nursing education courses under contract with the WICHE, or in a distance nursing education program provided through a university that is regionally accredited.

(q) “Qualified work” means employment in Wyoming as an LPN or RN who practices nursing or a nurse educator who teaches at a nurse education program at a Wyoming community college or the University of Wyoming.

(r) “RN” means Registered Nurse.

(s) “Total and permanent disability” means the inability to work and earn money because of an injury or illness that is expected to continue indefinitely or to result in death.

(t) “Unencumbered license” means a permit to practice nursing without restrictions imposed by the Wyoming Board of Nursing.

(u) “Unmet need” means the total amount of financial need as determined by the FAFSA process as administered by the school minus the following:

(i) Any Pell or other federal grant;

(ii) Any employer-based financial assistance received by the applicant; and

(iii) Any other public or private financial aid that is provided to the applicant as a scholarship or grant.

(v) “WICHE” means Western Interstate Commission for Higher Education.

Chapter 5

Section 9. Administering the Wyoming Investment in Nursing Program.

(a) This Section is promulgated under authority of WYO. STAT. § 21-18-202 and WYO. STAT. § 9-2-123, as amended.

(b) The purpose of the Wyoming Investment in Nursing Program (WYIN Program) is to make funds available to individuals who wish to pursue a career in nursing and to alleviate a shortage of nurses within the state.

(c) Eligibility

(i) Applicants must be residents of the state of Wyoming as defined in W.S. 22-1-102 (a)(xxx) or shall be graduates of a Wyoming high school;

(ii) Applicants must be accepted into a nursing program in a Wyoming community college, the University of Wyoming, or in a doctoral degree program in an institution providing the required nursing education courses under contract with the WICHE or in a distance nursing education program at a university that is regionally accredited; and

(iii) Applicants must apply for federal financial assistance and any employer-based financial assistance for which the applicant may be eligible.

(iv) Any person beginning a nursing education program shall continue to receive funding for the program so long as the person remains eligible as required by rules and statutes and as long as funding is available. Funding for an undergraduate nursing program at a Wyoming college or the University of Wyoming will be for a maximum of two years.

(d) Criteria for Application

(i) Subject to the availability of funds appropriated, loans may be awarded to the following applicants;

(A) An applicant who is accepted into a Wyoming licensed practical nurse or registered nurse education program or a baccalaureate degree program in nursing may be eligible for a loan to pay the unmet need, as determined by the Commission or its designee, of attendance at the licensed practical nursing education program or the registered nursing education program leading to an associate's or baccalaureate degree;

(B) A registered nurse with a baccalaureate degree who holds an unencumbered license with the Wyoming board of nursing, has the equivalent of at least one (1) year of full-time service teaching in a nursing education program in Wyoming as a registered nurse with a baccalaureate degree, with a preference given to a registered nurse currently teaching at the University of Wyoming or a Wyoming college, and the registered nurse is accepted into a nursing education program at the University of Wyoming leading to a master's degree in nursing or nursing education may be eligible for a loan to pay the unmet need of attendance, as determined by the Commission or its designee, provided that in order to receive a loan for a master's degree program, the applicant shall agree to repay the loan by teaching at a Wyoming college or the University of Wyoming. If the applicant registered nurse is not accepted into a nursing education program at the University of Wyoming and upon approval of the Commission, the applicant registered nurse may be accepted into an accredited nursing education program at a university located outside of the state. Loans awarded for applicants accepted into programs outside of Wyoming shall not exceed the loan amounts available for programs at the University of Wyoming; or

(C) A registered nurse with a master's degree in nursing who holds an unencumbered license with the Wyoming board of nursing, has the equivalent of at least one (1) year of full-time service teaching in a nursing education program in Wyoming as a registered nurse with a master's degree in nursing and is accepted into a nursing education program at an institution providing the required nursing education courses under contract with the WICHE or in a distance nursing education program at a university that is regionally accredited leading to a doctorate level degree in nursing may be eligible for a loan to pay the unmet need of attendance, as determined by the Commission or its designee, provided that in order to receive a loan for a doctorate level degree program, the applicant shall agree to repay the loan by teaching at the University of Wyoming.

(e) Application Form

(i) To be eligible to participate in this program a nurse or a student in an eligible nursing program shall submit an application to the Commission or its designee upon a form approved by the Commission.

(ii) The application deadlines shall be determined by each participating
educational institution.

(f) Selection Process

(i) The Commission shall designate the financial aid officers at the University of Wyoming and the Wyoming Colleges to administer this program subject to the following:

(A) The financial aid officer shall require each applicant to apply to the participating educational institution, review each application, and determine whether the applicant is eligible under these rules;

(B) The financial aid officer shall authorize loans from appropriated funds in an amount sufficient to avoid over commitment and to ensure sufficient funds remain available to allow students to complete the program in which they enrolled;

(C) The funds appropriated by the legislature will be allocated by the Commission to the University of Wyoming and Wyoming’s colleges for undergraduate and graduate nursing students;

(D) Nursing faculty members at both the University of Wyoming and Wyoming’s colleges are eligible for funding for doctoral level degrees; and

(E) The financial aid officers shall report to the Commission and the financial institution responsible for servicing the loans the names of all students enrolled in the WYIN program in their respective schools, including students enrolled in WICHE schools or distance learning programs, within 30 days of initial enrollment. Thereafter, the financial aid officers shall report to the Commission and the financial institution on a semester basis regarding participants in the program.

(g) Limits on Loan Amounts

(i) A loan provided under this section shall not exceed the cost of attendance for the approved program reduced by the amount of any Pell or other federal grant, any employer-based financial assistance received by the applicant, and any other public or private financial aid that is provided to the applicant as a scholarship or grant.

(ii) When determining the amount of a loan for which an applicant may be eligible the unmet need of the applicant shall be considered.

(h) Interest

(i) The Commission shall annually determine a reasonable interest rate on the new loans it issues. This determination shall be made by July 1st of every calendar year.

(ii) The interest rate shall be the average prime interest rate plus four percent (4%) computed by the Commission’s financial institution in the same manner as specified under W.S. 39-16-108(b) for determining the interest rate on delinquent use taxes.

(iii) Accrual of interest shall begin upon scheduled commencement of cash repayment.

(i) Loan Terms

(i) Loan origination fees shall be established by the Commission.

(ii) The student shall sign a master promissory note as approved by the Commission prior to disbursement to the student of any funds.

(iii) The Commission or the contracted financial institution may disclose any delinquency or default on the student’s loan to credit bureaus.

(iv) If the student fails to make a scheduled repayment, or fails to comply with any other term of the note, the Commission or the contracted financial institution may refer the student’s loan to a collection agent, initiate legal proceedings against the student and pursue judicial remedies.

(v) If the student fails to make a scheduled repayment or fails to comply with any other term of the promissory note, the entire unpaid balance of the loan, including interest due and accrued and any applicable penalty charges and collection fees, including attorney fees, will, at the option of the Commission, become immediately due and payable.

(vi) The student may prepay all or any part of the principal and accrued interest of the loan at any time without penalty.

(vii) The student will promptly inform the Commission or the contracted financial institution of any change in name or address.

(viii) Upon completion of the academic program, the student must provide the following information every two months, until all the following requirements are reported to the contracted financial institution:

(A) Date of appropriate certification or licensure examination; and

(B) Successful passing score and certification or licensure and employment information; or unsuccessful passing score and date of next examination; and

(C) Outcome of second examination and, if successful, employment information.

(j) Terms of Repayment

(i) Repayment of loans shall continue as specified under the loan agreement, until all loan obligations have been satisfied.

(ii) A student may repay the loan without cash payment by working in Wyoming as a nurse, if the loan was for an undergraduate degree, or nurse educator, if the loan was for a graduate degree, as provided in (j)(iii) of this subsection, and except for graduate students as provided in (j)(iv) of this section. To qualify as repayment under this subsection, work shall be performed within the following time periods which begin with the calendar month following the month in which the student completed the academic program:

(A) If the loan can be repaid with work of two (2) years or less, within three (3) years;

(B) If the loan can be repaid with work of greater than two (2) years, but no more than four (4) years, within five (5) years;

(C) If the loan can be repaid with work of greater than four (4) years, within the amount of time the loan could be repaid, plus two (2) years.

(iii) Qualified work under (j)(ii) of this section shall be credited so that the student's loan balance is reduced on the basis of one (1) year of full-time employment repaying the loan balance for one (1) academic year of full-time enrollment, or twelve thousand dollars ($12,000.00) of the loan, whichever is less. Qualified work shall be credited on a proportional basis.

(iv) A recipient of a WYIN loan and attending a master’s or doctorate nursing level program may begin loan repayment through qualified work as authorized under subsection j (ii) and (iii) of this section concurrently with enrollment in the nursing education program, subject to the following:

(A) If the recipient is enrolled in a master’s nursing degree program, the recipient shall perform qualified work at a Wyoming college or the University of Wyoming concurrently with enrollment in the nursing education program and for not less than one (1) year following completion of the education program;

(B) If the recipient is enrolled in a doctorate nursing degree program, the recipient shall perform qualified work at the University of Wyoming concurrently with enrollment in the nursing education program and for not less than two (2) years following completion of the education program;

(v) Qualified work under subsection j (ii) of this section shall be verified by the Commission’s designated financial institution by having received a letter from the student’s employer stating the person is currently or has been employed as a nurse, if the loan was for an undergraduate nursing degree, or nurse educator, if the loan was for a graduate nursing degree. This letter must be submitted annually.

(vi) Any student in the WYIN Program who fails:

(A) To complete the academic program for which the loan was provided shall commence cash repayment of the loan no later than forty-five (45) days after the student leaves the academic program;

(B) To obtain employment in the targeted occupation for which the person received the education within ninety (90) days after successfully passing the appropriate certification or licensure examination shall commence cash repayment of the loan within one hundred twenty (120) days after successfully passing the appropriate certification or licensure examination;

(C) To pass the appropriate certification or licensure examination on the first attempt may retake the examination at the next available opportunity before commencing repayment of the loan. The student shall notify the Commission or its designated financial institution of the intent to retake the examination and the date the examination will be taken. Any student in the WYIN Program who fails the examination after the second attempt shall commence cash repayment of the loan within forty-five (45) days after receipt of notification of the second failure by the board of nursing. If the student in the WYIN Program who fails the examination on the first attempt does not retake the examination at the next available opportunity, cash repayment shall commence within forty-five (45) days after the next available examination is conducted.

(vii) Subject to the above cash repayment provision, the WYIN loan is repayable in equal or graduated periods installments, with the right of the Commission to accelerate repayment, over a period not to exceed ten (10) years that begins nine (9) months after the student ceases to be a student in the nursing program.

(viii) Cash repayment of loans and interest thereon shall be credited to the general fund.

(k) Process for Cash Repayment. The process and schedule for cash repayment under (j) shall be administered by the Commission through its designated financial institution. Students shall be notified by the Commission through its designated financial institution of the approved payment plan.

(l) Default of a Loan.

(i) A loan shall be in default when an installment is due and not paid in full within 90 days after the time period provided by these rules.

(ii) The process for collection of a loan in default shall be determined by the Commission through its designated financial institution.

(iii) The student in default shall pay any charges related to offsetting the note or any charges incurred should the note(s) be referred to an outside collection agency and any other collection charges, including attorney’s fees allowed by state law.

(iv) Loan repayment options under this section may be deferred for:

(A) A period not to exceed four (4) years while the student is serving on full time active duty with any branch of the military services of the United States; or

(B) The length of a graduate program that qualifies under the WYIN program if the student begins the graduate program while still paying the WYIN loan by cash or employment.

(C) The length of the undergraduate program for a student who did not complete the program, but who is readmitted. Interest will not accrue while the student is enrolled in the program. Upon completion of the program, the current loan balance will be repaid as specified in section (j).

(v) Students may be granted a delay or relieved from having to repay loans and interest, including interest accrual, thereon, in whole or in part, when the requirement to repay would cause undue hardship, economic or otherwise. The financial institution responsible for servicing the loans will use its best judgment in applying the economic hardship deferment criteria used for the Federal Family Education Loan Program. The Commission reserves the right to consider and make the final decision as to any request on the basis of undue hardship, economic or otherwise.

(vi) Complete cancellation of a student’s debt will be granted only in limited circumstances. These circumstances may include:

(A) A student's total and permanent disability, as determined by a medical or osteopathic physician, or death.

(I) A student who is determined to be totally and permanently disabled will have his/her loan placed in a conditional discharge period for three (3) years from the date the student became totally and permanently disabled.

(II) During this conditional period, the student need not pay principal and interest will not accrue. If the student continues to meet the total and permanent disability conditions during, and at the end of, the three-year conditional period, the student’s obligation to repay the loan is canceled, upon approval by the Commission.

(B) If the student does not continue to meet the cancellation requirements, the student must resume payment within forty-five (45) days of the medical opinion.

(m) Review and Reporting

(i) The Commission shall annually review the loan program and report to the governor and the legislature in accordance with WYO. STAT. § 9-2-1014 regarding program results, funds received, and loans issued during the preceding academic year, together with the status of all outstanding loan commitments and repayments under the program.

(ii) Any designated financial institution the Commission employs shall prepare a report once a year outlining the services it is providing and the progress made.

(n) Expiration. This program shall expire on June 30, 2011