WILLIAM DONALD SCHAEFER, Governor Ch. 334

16-407.

(a) (1) Subject to [paragraph] PARAGRAPHS (2) AND (3) of
this subsection, any student who attends a community college in
this State and is not a resident of this State shall pay, in
addition to the student tuition and fees payable by a county
resident, an out-of-state fee, equal to the State share and the
county share per full-time equivalent student as determined under
§ 16-403 of this subtitle.

(2)  A resident of the State of West Virginia who
attends Garrett Community College under a negotiated reciprocity
agreement between the States of Maryland and West Virginia is an
in-county resident for tuition purposes and shall be counted as
an in-State resident for computation of the State aid to
community colleges in accordance with Section 16-403 of this
subtitle. The State Board for Community Colleges may make
payments to effectuate the provisions of this paragraph from
funds specifically appropriated for this purpose as provided in
the State budget or any supplemental budget request.

(3)  (I) ANY STUDENT ATTENDING A COMMUNITY COLLEGE IN
THIS STATE WHO IS NOT A RESIDENT OF THIS STATE AND IS ENROLLED IN

AN EDUCATION COURSE OR PROGRAM LEADING TO LICENSURE OR

CERTIFICATION IN NURSING SHALL BE INCLUDED AS AN IN-COUNTY
RESIDENT FOR TUITION PURPOSES AND SHALL BE INCLUDED AS AN
IN-STATE RESIDENT FOR COMPUTATION OF THE STATE AID TO COMMUNITY
COLLEGES IN ACCORDANCE WITH § 16-403 OF THIS SUBTITLE. A HEALTH
OCCUPATION SHALL PAY THE TUITION AND OTHER MANDATORY FEES PAYABLE
BY A COUNTY RESIDENT IF:

(I) THE EDUCATION OR TRAINING PROGRAM IS FOR A
HEALTH OCCUPATION, INCLUDING NURSING, DETERMINED TO BE IN SHORT

SUPPLY BY THE STATE BOARD FOR COMMUNITY COLLEGES AFTER

CONSULTATION WITH THE SECRETARY OF HEALTH AND MENTAL HYGIENE; AND

(II)  THE STUDENT FURNISHES SHALL FURNISH A
SURETY BOND OR GUARANTEED PROMISSORY NOTE TO THE STATE WITH
SECURITY SATISFACTORY TO THE STATE BOARD FOR COMMUNITY COLLEGES,
THAT ON COMPLETION OF THE EDUCATION COURSE OR NURSING EDUCATION
PROGRAM, THE STUDENT WILL WORK FOR AT LEAST 2 YEARS IN A HOSPITAL
OR RELATED INSTITUTION, AS DEFINED IN § 19-301 OF THE HEALTH -
GENERAL ARTICLE, IN THIS STATE.

(III) THE SECRETARY OF HEALTH AND MENTAL
HYGIENE MAY DETERMINE IF THERE IS A SHORTAGE OF NURSES.

(IV)  SUBJECT TO SUBPARAGRAPHS (V) AND (VI) OF
THIS PARAGRAPH, IF THE SECRETARY DETERMINES THAT THERE IS NO
SHORTAGE OF NURSES, THE NONRESIDENT STUDENT TUITION REDUCTION AND
STATE AID PROGRAM ESTABLISHED UNDER THIS PARAGRAPH MAY NOT BE
APPLIED TO ANY COURSES REQUIRED FOR THE NURSING PROGRAM.

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