Amended in Assembly June 21, 2016

Amended in Senate April 19, 2016

Amended in Senate April 4, 2016

Senate BillNo. 1139


Introduced by Senator Lara

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(Coauthor: Senator Hall)

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(Coauthors: Senators Block, Hall, and Hertzberg)

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(Coauthor: Assembly Member Gipson)

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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.begin delete 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.end delete

(2) Existing law establishes the Office of Statewide Health Planning and Development and makes the office responsible for administering various programs with respect to the health care professions.

This bill would prohibit specified programs 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:

P2    1

SECTION 1.  

Section 2064.3 is added to the Business and
2Professions Code
, to read:

3

2064.3.  

Notwithstanding any otherbegin delete law:end deletebegin insert law, end insertbegin insertany student,
4including a person without lawful immigration status, a person
5who is exempt from nonresident tuition pursuant to Section 68130.5
6of the Education Code, or a person who is both without lawful
7immigration status and exempt from nonresident tuition pursuant
8to Section 68130.5 of the Education Code, who meets the
P3    1requirements for admission is eligible to participate in a medical
2school program and a medical residency training program at any
3public or private postsecondary educational institution that offers
4such a program.end insert

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5(a) Any student, including a person without lawful immigration
6status, a person who is exempt from nonresident tuition pursuant
7to Section 68130.5 of the Education Code, or a person who is both
8without lawful immigration status and exempt from nonresident
9tuition pursuant to Section 68130.5 of the Education Code, who
10meets the requirements for admission is eligible to participate in
11a medical school program and a medical residency training program
12at any public or private postsecondary educational institution that
13offers such a program.

14(b) The University of California is encouraged to develop a
15process for awarding student financial aid that may include, but
16not be limited to, grants, scholarships, and stipends, in lieu of
17employment for students in a medical residency training program
18whose participation is authorized by this section.

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19

SEC. 2.  

Section 128371 is added to the Health and Safety Code,
20to read:

21

128371.  

(a) The Legislature finds and declares that it is in the
22best interest of the State of California to provide persons who are
23not lawfully present in the United States with the state benefits
24provided bybegin delete Health Professions Education Foundation programs,end delete
25begin insert those programs listed in subdivision (d),end insert and therefore, enacts this
26section pursuant to Section 1621(d) of Title 8 of the United States
27Code.

28(b) A program listed in subdivision (d) shall not deny an
29application based on the citizenship status or immigration status
30of the applicant.

31(c) For any program listed in subdivision (d), when mandatory
32disclosure of a social security number is required, an applicant
33shall provide his or her social security number, if one has been
34issued, or an individual tax identification number that has been or
35will be submitted.

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

37(1) Programs supported through the Health Professions
38Education Fund pursuant to Section 128355.

39(2) The Registered Nurse Education Fund created pursuant to
40Section 128400.

P4    1(3) The Mental Health Practitioner Education Fund created
2pursuant to Section 128458.

3(4) The Vocational Nurse Education Fund created pursuant to
4Section 128500.

5(5) The Medically Underserved Account for Physicians created
6pursuant to Section 128555.

7(6) Loan forgiveness and scholarship programs created pursuant
8to Section 5820 of the Welfare and Institutions Code.

9(7) The Song-Brown Health Care Workforce Training Act
10created pursuant to Article 1 (commencing with Section 128200)
11of Chapter 4.

12(8) To the extent permitted under federal law, the program
13administered by the office pursuant to the federal National Health
14Service Corps State Loan Repayment Program (42 U.S.C. Sec.
15254q-1), commonly known as the California State Loan Repayment
16Program.

17(9) The programs administered by the office pursuant to the
18Health Professions Career Opportunity Program (Section 127885),
19commonly known at the Mini Grants Program and the California’s
20Student/Resident Experiences and Rotations in Community Health,
21or CalSEARCH, Program.



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