SB 1139,
as amended, Lara. Health professionals: medicalbegin delete schoolend deletebegin insert degreeend insert 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.
This bill would 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 to a medicalbegin delete schoolend deletebegin insert degreeend insert program at any public or private postsecondary educational institution that offers such a program from being denied admission to that program based on his or her citizenship status or immigration 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 applybegin insert, except as provided,end insert 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 2064.3 is added to the Business and
2Professions Code, to read:
(a) Notwithstanding any other law, except as specified
4in subdivision (b), no student, including a person without lawful
5immigration status, a person who is exempt from nonresident
6tuition pursuant to Section 68130.5 of the Education Code, or a
7person who is both without lawful immigration status and exempt
8from nonresident tuition pursuant to Section 68130.5 of the
9Education Code, who meets the requirements for admission
to a
10medicalbegin delete schoolend deletebegin insert degreeend insert program at any public or private
11postsecondary educational institution that offers that program shall
P3 1be denied admission to that program based on his or her citizenship
2status or immigration status.
3(b) begin deleteThis end deletebegin insertExcept for students granted end insertbegin insertstatus pursuant to Section
41101(a)(15)(T)end insertbegin insert or end insertbegin insert(U)end insertbegin insert
of Title 8 of the United States Code, this end insert
5section shall not apply to a nonimmigrant alien within the meaning
6of paragraph (15) of subdivision (a) of Section 1101 of Title 8 of
7the United States Code, as that paragraph exists on January 1,
82017.
Section 2064.4 is added to the Business and Professions
10Code, to read:
(a) Notwithstanding any other law, except as specified
12in subdivision (b), no student, including a person without lawful
13immigration status, a person who is exempt from nonresident
14tuition pursuant to Section 68130.5 of the Education Code, or a
15person who is both without lawful immigration status and exempt
16from nonresident tuition pursuant to Section 68130.5 of the
17Education Code, who meets the requirements for admission to a
18healing arts residency training program whose participants are not
19paid shall be denied admission to that program based on his or her
20citizenship status or immigration status.
21(b) begin deleteThis end deletebegin insertExcept
for students granted end insertbegin insertstatus pursuant to Section
221101(a)(15)(T)end insertbegin insert or end insertbegin insert(U)end insertbegin insert of Title 8 of the United States Code, this end insert
23section shall not apply to a nonimmigrant alien within the meaning
24of paragraph (15) of subdivision (a) of Section 1101 of Title 8 of
25the United States Code, as that paragraph exists on January 1,
262017.
Section 128371 is added to the Health and Safety Code,
28to read:
(a) The Legislature finds and declares that it is in the
30best interest of the State of California to provide persons who are
31not lawfully present in the United States with the state benefits
32provided by those programs listed in subdivision (d), and therefore,
33enacts this section pursuant to Section 1621(d) of Title 8 of the
34United States Code.
35(b) A program listed in subdivision (d) shall not deny an
36application based on the citizenship status or immigration status
37of the applicant.
38(c) For any program listed in subdivision (d), when mandatory
39disclosure of a social security number is required, an
applicant
40shall provide his or her social security number, if one has been
P4 1issued, or an individual tax identification number that has been or
2will be submitted.
3(d) This section shall apply to all of the following:
4(1) Programs supported through the Health Professions
5Education Fund pursuant to Section 128355.
6(2) The Registered Nurse Education Fund created pursuant to
7Section 128400.
8(3) The Mental Health Practitioner Education Fund created
9pursuant to Section 128458.
10(4) The Vocational Nurse Education Fund created pursuant to
11Section 128500.
12(5) The Medically Underserved Account for Physicians created
13pursuant to Section 128555.
14(6) Loan forgiveness and scholarship programs created pursuant
15to Section 5820 of the Welfare and Institutions Code.
16(7) The Song-Brown Health Care Workforce Training Act
17created pursuant to Article 1 (commencing with Section 128200)
18of Chapter 4.
19(8) To the extent permitted under federal law, the program
20administered by the office pursuant to the federal National Health
21Service Corps State Loan Repayment Program (42 U.S.C. Sec.
22254q-1), commonly known as the California State Loan Repayment
23Program.
24(9) The programs administered by the office pursuant to the
25Health
Professions Career Opportunity Program (Section 127885),
26commonly known as the Mini Grants Program, and California’s
27Student/Resident Experiences and Rotations in Community Health,
28commonly known as the Cal-SEARCH program.
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