[§304A-1754]  Penalty for breach of contract.  A person who is placed in the residency program under this subpart, but who breaches any term of the contract under section [304A-1753], shall pay to the State damages of $10,000; provided that a contract shall not be deemed breached if the person has obtained a permanent license to practice medicine and surgery under chapter 453 or osteopathy under chapter 460, but could not fulfill the requirements of section [304A-1753(3) and (4)] because no employment vacancy existed in the correctional facilities of the department of public safety or no shortage of physicians or osteopathic physicians existed in any rural community and the department of public safety or the department of health, as applicable, certifies that no employment vacancy or shortage existed. [L 2006, c 75, pt of §2]