Amended in Senate April 19, 2016

Amended in Senate April 4, 2016

Senate Bill No. 1139

Introduced by Senator Lara

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(Coauthor: Senator Hall)

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February 18, 2016

An act to add Section 2064.3 to the Business and Professions Code, and to add Section 128371 to the Health and Safety Code, relating to health professionals.

LEGISLATIVE COUNSEL’S DIGEST

SB 1139, as amended, Lara. Health professionals: medical residency programs: undocumented immigrants: scholarships, loans, and loan repayment.

(1) Existing law, known as the Medical Practice Act, provides for licensing and regulation of physicians and surgeons by the Medical Board of California and imposes various requirements in that regard. Existing law requires an applicant for a license as a physician and surgeon to successfully complete a specified medical curriculum, a clinical instruction program, and a training program. Existing law provides that nothing in the Medical Practice Act shall be construed to prohibit a foreign medical graduate from engaging in the practice of medicine whenever and wherever required as part of a clinical service program, subject to certain conditions.

Existing law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California’s public and independent segments of higher education and their respective institutions of higher education. Existing law establishes the University of California, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in this state. The University of California operates medical schools at its Davis, Irvine, Los Angeles, San Diego, and San Francisco campuses, and a medical school will open at its Riverside campus in the 2016-17 academic year.

This bill would provide that any student, including a person without lawful immigration status, a person who is exempt from nonresident tuition pursuant to a specified statute, or a person who fits into both of those categories, who meets the requirements for admission is eligible to participate in a medical school program and a medical residency training program at any public or private postsecondary educational institution that offers such a program. The bill would also encourage the University of California to develop a process for awarding student financial aid that may include, but not be limited to, grants, scholarships, and stipends, in lieu of employment for students in a medical residency training program whose participation is authorized by this bill.

(2) Existing law begin delete requires end delete begin insert establishes end insert the Office of Statewide Health Planning and Development begin delete to establish a nonprofit public benefit corporation known as the Health Professions Education Foundation to perform various duties with respect to implementing health professions scholarship and loan programs. end delete begin insert and makes the office responsible for administering various programs with respect to the health care professions. end insert

This bill would prohibit specified programs begin delete within the foundation, including programs which are funded by the continuously appropriated Health Professions Education Fund, the Medically Underserved Account for Physicians, and the Mental Health Services Fund, end delete begin insert administered by the office end insert from denying an application based on the citizenship status or immigration status of the applicant.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 2064.3 is added to the Business and
Professions Code, to read:

2064.3.  

Notwithstanding any other law:

(a) Any student, including a person without lawful immigration
status, a person who is exempt from nonresident tuition pursuant
to Section 68130.5 of the Education Code, or a person who is both
without lawful immigration status and exempt from nonresident
tuition pursuant to Section 68130.5 of the Education Code, who
meets the requirements for admission is eligible to participate in
a medical school program and a medical residency training program
at any public or private postsecondary educational institution that
offers such a program.

(b) The University of California is encouraged to develop a
process for awarding student financial aid that may include, but
not be limited to, grants, scholarships, and stipends, in lieu of
employment for students in a medical residency training program
whose participation is authorized by this section.

SEC. 2.  

Section 128371 is added to the Health and Safety Code,
to read:

128371.  

(a) The Legislature finds and declares that it is in the
best interest of the State of California to provide persons who are
not lawfully present in the United States with the state benefits
provided by Health Professions Education Foundation programs,
and therefore, enacts this section pursuant to Section 1621(d) of
Title 8 of the United States Code.

(b) A program begin delete within the Health Professions Education
Foundation end delete begin insert listed in subdivision (d) end insert shall not deny an application
based on the citizenship status or immigration status of the
applicant.

(c) For any program begin delete within the Health Professions Education
Foundation, end delete begin insert listed in subdivision (d), end insert when mandatory disclosure
of a social security number is required, an applicant shall provide
his or her social security number, if one has been issued, or an
individual tax identification number that has been or will be
submitted.

(d) This section shall apply to all of the following:

(1) Programs supported through the Health Professions
Education Fund pursuant to Section 128355.

(2) The Registered Nurse Education Fund created pursuant to
Section 128400.

(3) The Mental Health Practitioner Education Fund created
pursuant to Section 128458.

(4) The Vocational Nurse Education Fund created pursuant to
Section 128500.

(5) The Medically Underserved Account for Physicians created
pursuant to Section 128555.

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(6) The Steven M. Thompson Medical School Scholarship
Account created pursuant to Section 128580.

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(7)

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begin insert (6) end insert  Loan forgiveness and scholarship programs created pursuant
to Section 5820 of the Welfare and Institutions Code.

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(7) The Song-Brown Health Care Workforce Training Act
created pursuant to Article 1 (commencing with Section 128200)
of Chapter 4.

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(8) To the extent permitted under federal law, the program
administered by the office pursuant to the federal National Health
Service Corps State Loan Repayment Program (42 U.S.C. Sec.
254q-1), commonly known as the California State Loan Repayment
Program.

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(9) The programs administered by the office pursuant to the
Health Professions Career Opportunity Program (Section 127885),
commonly known at the Mini Grants Program and the California’s
Student/Resident Experiences and Rotations in Community Health,
or CalSEARCH, Program.

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