SRC-AMY S.B. 558 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 558
By: Madla
International Relations and Trade
8/12/2003
Enrolled
DIGEST AND PURPOSE 

Currently, Texas law allows the Texas Department of Health to apply for a
federal waiver allowing foreign physicians to stay in the U.S. after
completing their education if they agree to work in a medically
underserved area. However, the program is limited to Cameron, Hidalgo,
Starr, and Willacy counties.  This prevents other medically underserved
counties in Texas from benefitting from the expertise of a medical
professional in their community.  S.B. 558 expands the program to all
medically underserved and health professional shortage areas in Texas.
S.B. 558 also specifies that the physician must plan to practice medicine
in the area, rather than accept a job in the area. 

RULEMAKING AUTHORITY
 
Rulemaking authority already granted to the Texas Board of Health is
modified in SECTION 2 (Section 155.1025, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 12, Health and Safety Code, by
adding Section 12.0127, as follows: 

Sec. 12.0127.  IMMIGRATION VISA WAIVERS FOR PHYSICIANS. (a) Authorizes the
Texas Department of Health (TDH) to request a waiver of the foreign
country residence requirement for a qualified alien physician who agrees
to practice in a medically underserved or health professional shortage
area that has a current shortage of physicians, in accordance with and
under exceptions provided by 8 U.S.C. Sections 1182(e) and 1184(1). 

(b) Authorizes TDH to charge a fee to cover the costs incurred by TDH in
administering the visa waiver program established under this section. 

SECTION 2.  Amends Section 155.1025(a), Occupations Code, to specify that
for a waiver to be acceptable, a rural area must be determined to be so by
the Office of Rural Community Affairs, rather than the Center for Rural
Health Initiatives, or the applicant has requested and is eligible for an
immigration visa waiver as described by Section 12.0127, Health and Safety
Code, and intends to practice medicine in the underserved area, rather
than accept a job.  Deletes text referring to required affiliation with a
university-sponsored program.  Makes a conforming change. 

SECTION 3.  Repealer: Section 51.949, Education Code (Immigration Visa
Waivers for Faculty Physicians). 

SECTION 4.  Effective date: September 1, 2003.