S.B. 558 78(R)    BILL ANALYSIS


S.B. 558
By: Madla
Border and International Affairs
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under current law ( 51.949 and  74.611, Education Code,  155.1025,
Occupations Code) the Texas Department of Health is authorized to request
a federal waiver that would allow qualified foreign physicians to remain
in the United States. In order to apply for a waiver, a foreign physician
must agree to work in a medically underserved area that is located within
Cameron, Hidalgo, Starr, or Willacy counties and affiliated with a
university-sponsored program.  Senate Bill 558 would broaden the program
to apply to all medically underserved areas and health professional
shortage areas in Texas and amends certain requirements relating to the
application of foreign or out-of-state physicians for an expedited
licensing process. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants rulemaking authority
in SECTION 2 ( 155.1025, Occupations Code) to the Texas State Board of
Medical Examiners.  


ANALYSIS

SECTION 1.  S.B.558 amends the Health and Safety Code to authorize the
Texas Department of Health (department) to request a waiver of the federal
foreign country residence requirement for a qualified alien physician who
agrees to practice medicine in a medically underserved area or health
professional shortage area as designated by the United State Department of
Health and Human Services.  

SECTION 2.  S.B. 558 amends the Occupations Code to change the conditions
under which the Texas State Board of Medical Examiners (board) is required
to expedite the licensing of certain applicants who are licensed in
another state or country (applicant).  The bill provides that the
medically underserved area in which the applicant agrees to practice
medicine must have a current shortage of health professionals.  The bill
also provides that the applicant must intend to practice medicine, rather
to accept a job, in the specified areas.  The bill eliminates the
requirement that the applicant accept a job and certain responsibilities
within a university-sponsored program.  S.B. 558 also makes a statutory
update, replacing the Center for Rural Health Initiatives (no longer in
existence) with the Office of Rural Community Affairs. 

SECTION 3.  S.B. 558 amends the Education Code by repealing the section
pertaining to requiring the department to request a federal waiver of the
foreign country residence requirement for a qualified alien physician who
agrees to accept employment with an entity in a medically underserved area
that is located within Cameron, Hidalgo, Starr, or Willacy counties and
affiliated with a university-sponsored program. 


EFFECTIVE DATE

September 1, 2003.



 

EXPLANATION OF AMENDMENTS

Committee Amendment 1 amends SECTION 1 ( 12.0127, Health and Safety Code)
by authorizing the department to charge a fee to cover the costs incurred
by the department in administering the visa waiver program. 

Committee Amendment 1 amends SECTION 2 ( 155.1025, Occupations Code) to
provide that an applicant for an expedited licensing process under that
section must have requested and be eligible for an immigration visa
waiver.