(a) Any student attending a public institution of higher education who is not a resident of this State and who is enrolled in an education course or program leading to an occupation as a licensed registered nurse or a licensed practical nurse shall pay only the tuition fees and other mandatory fees payable by a resident of this State if the student furnishes a promissory note to this State, with security satisfactory to the Commission, that, on completion of the education course or program, the student will work in this State for at least 4 years as a licensed registered nurse or a licensed practical nurse in a hospital or related institution, as defined in § 19–301 of the Health – General Article.
(b) (1) The Secretary of Health may determine if there is a shortage of licensed registered nurses or licensed practical nurses.
(2) Subject to paragraphs (3) and (4) of this subsection, if the Secretary determines that there is no shortage of licensed registered nurses or licensed practical nurses, the nonresident student tuition reduction program established under this section may not be applied to any courses or programs required for that particular occupation.
(3) Paragraph (2) of this subsection applies only to students who enroll in a course of study leading to that occupation subsequent to the determination made under paragraph (1) of this subsection.
(4) Paragraph (2) of this subsection may not affect any student who is participating in the nonresident tuition reduction program prior to the determination under paragraph (1) of this subsection.