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.]