39-6101. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Conrad J-1 Visa Waiver Program and National Interest Waiver Program." History: [39-6101, added 2004, ch. 128, sec. 1, p. 437; am. 2009, ch. 106, sec. 2, p. 326.]
39-6102. PURPOSE. Under this chapter, rural and underserved communities in Idaho would be able to apply for the placement of a foreign trained physician after demonstrating that they are unable to recruit an American physician, and all other recruitment/placement possibilities have proven to be inaccessible. (1) The "Idaho Conrad J-1 Visa Waiver Program" authorizes the […]
39-6103. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter. History: [39-6103, added 2004, […]
39-6104. INCORPORATION BY REFERENCE. P.L. 103-416, amended by P.L. 107-273, November 2, 2002, 8 U.S.C. 1184(l) and 22 CFR 41.63(e), F.R. volume 60, No. 197, 8 CFR 214.12, 8 CFR 245 and 18 U.S.C. 1001 are incorporated by reference. History: [39-6104, added 2004, ch. 128, sec. 1, p. 437; am. 2009, ch. 106, sec. 4, […]
39-6105. DEFINITIONS. As used in this chapter: (1) "Applicant" means a health care facility that seeks to employ a physician and is requesting state support of a J-1 visa waiver or national interest waiver. (2) "Area of underservice" means a health professional shortage area in primary care or mental health, a medically underserved area, or […]
39-6106. GENERAL REQUIREMENTS AND LIMITATIONS. (1) J-1 visa waiver or national interest waiver request. The department may only submit a waiver request when: (a) The application contains all of the required information and documentation; and (b) The application meets all state and federal criteria; and (c) Foreign exchange physicians having a J-1 case number assigned […]
39-6107. APPLIED PRINCIPLES. (1) Option of last resort. The J-1 visa waiver and national interest waiver programs are considered a final source for recruiting qualified physicians. These programs are not a substitute for broad recruiting efforts for graduates from United States medical schools, but an option of last resort. Any application that qualifies for consideration […]
39-6108. CRITERIA FOR APPLICANTS. (1) Applicants must be existing health care facilities that: (a) Have an active taxpayer identification number in Idaho; and (b) Have provided medical or mental health care in Idaho for a minimum of twelve (12) months prior to submitting the application, or meet the requirements for a new start as defined […]
39-6109. CONTRACT REQUIREMENTS FOR J-1 VISA WAIVERS. Throughout the period of obligation, regardless of the petitioning physician’s visa status, the employment contract must: (1) Meet state and federal requirements; (2) Not prevent the physician from providing medical services in the designated shortage area after the term of employment. A noncompetition clause or any provision that […]
39-6109A. CONTRACT REQUIREMENTS FOR NATIONAL INTEREST WAIVERS. Throughout the period of obligation, regardless of physician’s visa status, the employment contract must: (1) Meet state and federal requirements; (2) Not prevent the physician from providing medical services in the designated shortage area after the term of employment. A noncompetition clause or any provision that purports to […]
39-6110. CRITERIA FOR PROPOSED PRACTICE LOCATION. (1) The proposed practice location must: (a) Be located in an area of underservice federally designated by the secretary of health and human services; or (b) Serve patients who reside in an area of underservice federally designated by the secretary of health and human services for flex waiver applications […]
39-6111. CRITERIA FOR THE J-1 PETITIONING PHYSICIAN. (1) The petitioning physician must not have a J-1 visa waiver pending for any other employment offer, and must provide a notarized statement testifying to this fact. (2) The physician must have the qualifications described in recruitment efforts for a specific vacancy. (3) Petitioning physicians must: (a) Provide […]
39-6111A. FLEX WAIVERS FOR J-1 PETITIONING PHYSICIANS. The department will accept no more than ten (10) waiver applications six (6) months after the beginning of each federal fiscal year for petitioning J-1 visa waiver physicians to work in areas without a federal shortage area designation. The practice and petitioning physician must serve patients who reside […]
39-6111B. CRITERIA FOR THE NATIONAL INTEREST WAIVER PETITIONING PHYSICIAN. The national interest waiver petitioning physician must: (1) (a) Provide direct patient care full time; and (b) Be trained in: (i) Family medicine; (ii) Internal medicine; (iii) Pediatrics; (iv) Obstetrics and gynecology; (v) General surgery; or (vi) Psychiatry and its subspecialties. (2) Apply and be eligible […]
39-6112. JOINT REPORTING REQUIREMENT UPON COMMENCEMENT OF PRACTICE. (1) Notification of waiver status and commencement of employment must be submitted to the department upon receipt of written notification of approval from the immigration agency. This notification must include the date the medical service obligation commences, and a copy of the notification of approval from the […]
39-6113. APPLICATION FEE. At the time the application is submitted to the department, an administrative fee must be paid to the department by the applicant. The fee amount will be determined by the director of the department, will not be less than one thousand dollars ($1,000) for a J-1 visa waiver request, and three hundred […]
39-6114. REQUIRED APPLICATION FORMS AND ACCOMPANYING DOCUMENTS FOR A J-1 VISA WAIVER REQUEST. (1) Applications for the J-1 visa waiver program must include, but not be limited to, the following: (a) Evidence the applicant has no other mechanism through another process or interested government agency to apply for a J-1 visa waiver for the petitioning […]
39-6114A. REQUIRED APPLICATION FORMS AND DOCUMENTS FOR A NATIONAL INTEREST WAIVER REQUEST. (1) Applications for the national interest waiver program must include, but not be limited to, the following: (a) Evidence of recruiting efforts over a minimum of six (6) months prior to when the petitioning physician applied for the vacancy. This evidence must include […]
39-6115. CRITERIA APPLIED TO FEDERALLY DESIGNATED FACILITIES. Local, state, or federal institutions which offer health care services and are federally designated as a shortage facility accompanied by a health professional shortage area score may submit an application. Physician services may be limited to the population of the institution. All other state and federal requirements must […]
39-6116. DEPARTMENT REVIEW AND ACTION. (1) The department will review applications for completeness in date order received. (2) Applications submitted for petitioning physicians with language skills appropriate to the community they wish to serve will be given priority. (3) Selection preference will be given to applications received from health professional shortage areas having the greatest […]
