(a) The Board shall retain the right to determine the eligibility of lenders and holders of education loans to which payments may be made. An eligible lender or holder shall, in general, make or hold education loans made to individuals for purposes of undergraduate, medical and graduate medical education and shall not be any private individual. An eligible lender or holder may be, but is not limited to, a bank, savings and loan association, credit union, institution of higher education, secondary market, governmental agency, or private foundation.     
      (b) To be eligible for repayment, an education loan must:      
        (1) be evidenced by a promissory note for loans to pay for the cost of attendance for undergraduate, graduate, or  medical education;       
        (2) not have been made during residency or to cover costs incurred after completion of medical school;       
        (3) not be in default at the time of the physician's application;       
        (4) not have an existing obligation to provide service for loan forgiveness through another program;       
        (5) not be subject to repayment through another student loan repayment or loan forgiveness program or repayment assistance provided by the physician's employer while the physician is participating in the program;       
        (6) if the loan was consolidated with other loans, the physician must provide documentation of the portion of the consolidated debt that was originated  to pay for the cost of attendance for the physician's undergraduate, graduate, or medical education; and       
        (7) not be an education loan made to oneself from one's own insurance policy or pension plan or from the insurance policy or pension plan of a spouse or other relative.       
     Source Note:        The provisions of this §23.69 adopted to be effective November 30, 2009, 34 TexReg 8524; amended to be effective November 20, 2013, 38 TexReg 8196; amended to be effective February 22, 2016, 41 TexReg 1230; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341