WAC 246-562-020   Authority to sponsor visa waivers.  (1) The department of health may assist communities to recruit and retain physicians, or other health care professionals, as directed in chapter 70.185 RCW, by exercising an option provided in federal law, 8 U.S.C. Sec. 1184(l) as amended by Public Law 108-441 and 22 C.F.R. 514.44(e). This option allows the department of health to sponsor a limited number of visa waivers each federal fiscal year if certain conditions are met.

     (2) The department may acknowledge sponsorship proposed by federal agencies, including the United States Department of Health and Human Services.

     (3) The department may carry out a visa waiver program, or, in the event of resource limitations or other considerations, may discontinue the program. Purposes of the program are:

     (a) To increase the availability of physician services in existing federally designated shortage areas for health care facilities that have long standing vacancies;

     (b) To improve access to physician services for communities and specific underserved populations that are having difficulty finding physician services;

     (c) To serve Washington communities which have identified a physician currently holding a J-1 visa as an ideal candidate to meet the community's need for primary health care services or specialist services as allowed by WAC 246-562-080.

     (4) The department may only sponsor a visa waiver request when:

     (a) The application contains all of the required information and documentation;

     (b) The application meets the criteria contained in chapter 246-562 WAC.

     (5) The department will limit its activities:

     (a) Prior to submission of an application, the department may provide information on preparing a complete application;

     (b) For applicants that have benefited from department sponsorship previously, the applicant's history of compliance will be a consideration in future sponsorship decisions;

     (c) Because the number of sponsorships the department may provide is limited, and because the number of shortage areas is great, sponsorship will be limited. In any single program year, a health care facility in any one designated health professional shortage area or medically underserved area:

     (i) Will not be allotted more than two sponsorships;

     (ii) Will not be allotted more than one specialist sponsorship as allowed by WAC 246-562-080(4); and

     (iii) Will not be allotted more than one hospitalist sponsorship per hospital;

     (d) In any given program year twenty of the federally allocated sponsorships will be allotted for primary care physicians and ten of the federally allocated sponsorships will be allotted for specialists through March 31. Any waiver sponsorships that remain unfilled on April 1 of each program year will be available to:

     (i) Both primary care and specialist physicians consistent with the provisions of this chapter; and

     (ii) Physicians intending to practice in nondesignated shortage areas in health care facilities that meet the criteria in WAC 246-562-075.



[Statutory Authority: Chapter 70.185 RCW and Public Law 108-441. 06-07-035, § 246-562-020, filed 3/8/06, effective 4/8/06. Statutory Authority: Chapter 70.185 RCW. 03-19-054, § 246-562-020, filed 9/11/03, effective 10/12/03; 00-15-082, § 246-562-020, filed 7/19/00, effective 8/19/00; 98-20-067, § 246-562-020, filed 10/2/98, effective 11/2/98.]