Postponement of nursing service scholarship obligation, reasons for; when satisfied

(a) (1) Except as otherwise specified in the agreement with the sponsor, an obligation under any agreement entered into under the nursing student scholarship program shall be postponed: (A) During any required period of active military service; (B) during any period of service as a part of volunteers in service to America (VISTA); (C) during any period of service in the peace corps; (D) during any period of service commitment to the United States public health service; (E) during any period of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on July 1, 2024; (F) during any period of time the person obligated is unable because of temporary medical disability to practice nursing; (G) during any period of time the person obligated is enrolled and actively engaged on a full-time basis in a course of study leading to a degree in the field of nursing that is higher than that attained formerly by the person obligated; (H) during any period of time that the person obligated is on job-protected leave under the federal family and medical leave act of 1993; or (I) during any period of time the state board of regents determines that the person obligated is unable because of special circumstances to practice nursing. (2) Except for paragraphs (1)(F), (1)(H) and (1)(I), an obligation under any agreement entered into as provided in the nursing service scholarship program shall not be postponed more than five years from the time the obligation was to have been commenced under any such agreement. (3) An obligation under any agreement entered into as provided in the nursing service scholarship program shall be postponed under paragraph (1)(F) during the period of time the medical disability exists. (4) An obligation under any agreement entered into as provided in the nursing service scholarship program shall be postponed under paragraph (1)(H) during the period of time the person obligated remains on FMLA leave. (5) An obligation under any agreement entered into as provided in the nursing service scholarship program shall be postponed under paragraph (1)(I) during the period of time the state board of regents determines that the special circumstances exist. (6) The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to satisfy an obligation under any agreement entered into as provided in the nursing service scholarship program, and shall determine the documentation required to prove the existence of such circumstances. Except for paragraphs (1)(A), (1)(F), (1)(H) and (1)(I), an obligation under any agreement entered into as provided in the nursing service scholarship program shall not be postponed unless the postponement is approved by the scholarship recipient's sponsor, if any, or is otherwise provided for in an agreement with the sponsor. (b) An obligation under any agreement entered into as provided in the nursing service scholarship program shall be satisfied if: (1) The obligation has been completed in accordance with the agreement; (2) the person obligated dies; (3) because of permanent physical disability, the person obligated is unable to satisfy the obligation; (4) the person obligated fails to satisfy the requirements for graduation from the school of nursing after making the best effort possible to do so; and (5) the person obligated fails to satisfy all requirements for a permanent license to practice nursing in Kansas or has been denied a license after applying for a license and making the best effort possible to obtain such license. (c) (1) An obligation under any sponsorship agreement shall be satisifed if: (A) Because of bankruptcy, loss of licensure or certification or other failure in the operations of the sponsor, such sponsor cannot or will not employ the person obligated; or (B) the sponsor releases the person obligated from employment with such sponsor. (2) Notwithstanding the provisions of paragraph (1), the person obligated shall still be required to complete the terms, conditions and obligations of the agreement with the state board of regents by engaging in the practice of nursing in Kansas.