Amended in Assembly August 1, 2016

Amended in Assembly June 30, 2016

Amended in Assembly June 21, 2016

Amended in Senate April 19, 2016

Amended in Senate April 4, 2016

Senate Bill No. 1139

Introduced by Senator Lara

(Coauthors: Senators Block, Hall, and Hertzberg)

(Coauthor: Assembly Member Gipson)

February 18, 2016

An act to add begin delete Section 2064.3 end delete begin insert Sections 2064.3 and 2064.4 end insert 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 begin insert school programs: healing arts end insert residency begin insert training end insert programs: undocumented immigrants: begin insert nonimmigrant aliens: end insert 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.

begin delete

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.

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This bill would begin delete provide that any end delete begin insert prohibit a end insert 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 begin delete is eligible to participate in end delete begin insert to end insert a medical school program begin delete and a medical residency training program end delete at any public or private postsecondary educational institution that offers such a begin delete program. The bill would prohibit the denial of participation in one of these programs end delete begin insert program from being denied admission to that program end insert based on begin delete the end delete begin insert his or her end insert citizenship status or immigration begin delete status of the applicant. end delete begin insert status. The bill would also prohibit such a student from being denied admission, based on his or her citizenship status or immigration status, to a healing arts residency training program whose participants are not paid. These provisions would not apply to a nonimmigrant alien, as defined in a specified provision of federal law. end insert

(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:

SECTION 1.  

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

2064.3.  

begin insert (a) end insert begin insert   end insert Notwithstanding any other law, begin delete any end delete begin insert except as
specified in subdivision (b), no end insert 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
begin delete 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 and shall not end delete begin insert to
a medical school program at any public or private postsecondary
educational institution that offers that end insert begin insert program shall end insert be denied
begin delete participation end delete begin insert admission to that program end insert based on begin delete the end delete begin insert his or her end insert
citizenship status or immigration begin delete status of the applicant. end delete begin insert end insert begin insert status. end insert

begin insert

(b) This section shall not apply to a nonimmigrant alien within
the meaning of paragraph (15) of subdivision (a) of Section 1101
of Title 8 of the United States Code, as that paragraph exists on
January 1, 2017.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2064.4 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2064.4. end insert   

(a) Notwithstanding any other law, except as specified
in subdivision (b), no 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 to a
healing arts residency training program whose participants are
not paid shall be denied admission to that program based on his
or her citizenship status or immigration status.

(b) This section shall not apply to a nonimmigrant alien within
the meaning of paragraph (15) of subdivision (a) of Section 1101
of Title 8 of the United States Code, as that paragraph exists on
January 1, 2017.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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 those programs listed in subdivision (d), and therefore,
enacts this section pursuant to Section 1621(d) of Title 8 of the
United States Code.

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

(c) For any program 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) 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 begin delete at end delete begin insert as end insert the Mini Grants begin delete Program and the end delete begin insert end insert begin insert Program,
and end insert California’s Student/Resident Experiences and Rotations in
Community begin delete Health, or CalSEARCH, Program. end delete begin insert Health, commonly
known as the Cal end insert begin insert -SEARCH program. end insert