BILL NUMBER: SB 1139 AMENDED
BILL TEXT
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
INTRODUCED BY Senator Lara
(Coauthors: Senators Block, Hall, and Hertzberg)
(Coauthor: Assembly Member Gipson)
FEBRUARY 18, 2016
An act to add Section 2064.3 Sections
2064.3 and 2064.4 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
school programs: healing arts residency training
programs: undocumented immigrants: nonimmigrant aliens:
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 prohibit
a 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 to 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 prohibit the denial of
participation in one of these programs program from
being denied admission to that program based on the
his or her citizenship status or immigration
status of the applicant. 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.
(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. (a) Notwithstanding any other law,
any 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 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 to a medical
school program at any public or private postsecondary educational
institution that offers t hat program shall
be denied participation admission to
that program based on the his or her
citizenship status or immigration status of the
applicant. 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.
SEC. 2. Section 2064.4 is added to the
Business and Professions Code , to read:
2064.4. (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.
SEC. 2. SEC. 3. 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 at as the Mini Grants
Program and the Program, and
California's Student/Resident Experiences and Rotations in Community
Health, or CalSEARCH, Program. Health,
commonly known as the Cal -SEARCH program.