Part 1.
DEPARTMENT OF STATE HEALTH SERVICES
Chapter 13.
HEALTH PLANNING AND RESOURCE DEVELOPMENT
Subchapter A. WAIVER OF VISA REQUIREMENT FOR PHYSICIANS
25 TAC §§13.1, 13.2, 13.5, 13.8
The Executive Commissioner of the Health and Human Services
Commission on behalf of the Department of State Health Services (department)
adopts amendments to §§13.1, 13.2, 13.5 and 13.8, concerning the
recommendation for J-1 visa waivers for physicians to serve in health professional
shortage areas in Texas. The amendments to these rules are adopted without
changes to the proposed text as published in the May 6, 2005, issue of the
BACKGROUND AND PURPOSE
The department, after considering alternative changes, amended the rules
to allow more flexibility, and made amendments to clarify the program for
the medical community and the public in determining appropriate practice locations
for J-1 visa waiver physicians.
SECTION-BY-SECTION SUMMARY
Amendments to §13.1 remove the defined terms "fully served", "NHSC"
and "primary care specialist" because these terms were removed from §13.2.
Amendments to §13.2 remove the 3000:1 or fewer physicians per capita
provision and remove language concerning primary care specialists, psychiatrists
and non-primary care specialists and the other terms deleted from the definitions
in §13.1. Language was added that recommendations will be made in areas
that meet shortage area requirements as identified by the program annually.
Amendments to §13.5 clarify employment contract requirements concerning
scheduled work hours and remove language concerning Education Code, §51.949,
as this section is no longer applicable to the J-1 visa waiver program. Amendments
to §13.8 also remove language concerning the Education Code, §51.949.
COMMENTS
The department did not receive any comments regarding the proposed rules
during the comment period.
STATUTORY AUTHORITY
These amendments are adopted under Health and Safety Code, §12.0127,
which authorizes the department to request waiver of certain residence requirements
for alien physicians who agree to practice in medically underserved areas;
Government Code, §531.0055, and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of Health and Human Services by the department and for the administration
of Chapter 1001, Health and Safety Code.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adoption has been reviewed by legal counsel and found to
be within the state agencies' authority to adopt.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 2, 2005.
TRD-200503207
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: August 22, 2005
Proposal publication date: May 6, 2005
For further information, please call: (512) 458-7236
Chapter 701.
POLICIES AND PROCEDURES
Part 11.
TEXAS CANCER COUNCIL