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


Senate Research CenterC.S.S.B. 558
78R8574 YDB-DBy: Madla/Shapleigh
International Relations and Trade
3/14/2003
Committee Report (Substituted)

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.  C.S.S.B. 558 expands the program to all
medically underserved and health professional shortage areas in Texas.
C.S.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 Chapter 12B, Health and Safety Code, by adding Section
12.0127, as follows: 

Sec. 12.0127.  IMMIGRATION VISA WAIVERS FOR PHYSICIANS.  Authorizes the
Texas Department of Health 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). 

SECTION 2.  Amends Section 155.1025(a) to specify that 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, and that the
applicant must intend to practice medicine in the 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.



SUMMARY OF COMMITTEE CHANGES

Differs from the original in SECTION 1 by removing proposed text referring
to the receipt of an application from a foreign applicant  for the
expedited processing of a license.