BILL NUMBER: SB 1139 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 19, 2016
AMENDED IN SENATE APRIL 4, 2016
INTRODUCED BY Senator Lara
( Coauthor: Senator Hall
)
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 requires establishes
the Office of Statewide Health Planning and Development
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. and makes the office responsible
for administering various programs with respect to the health care
professions.
This bill would prohibit specified programs 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, administered by the office 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 within the Health Professions Education
Foundation listed in subdivision (d) shall not
deny an application based on the citizenship status or immigration
status of the applicant.
(c) For any program within the Health Professions
Education Foundation, listed in subdivision (d),
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.
(6) The Steven M. Thompson Medical School Scholarship Account
created pursuant to Section 128580.
(7)
(6) Loan forgiveness and scholarship programs created
pursuant to Section 5820 of the Welfare and Institutions Code.
(7) The Song-Brown Health Care Workforce Training Act created
pursuant to Article 1 (commencing with Section 128200) of Chapter 4.
(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.
(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.