PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Chapter 246-562 WAC, Physician visa waiver (J-1 visa waivers).
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.185 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule was adopted in 1998. The rule was created to formalize the process used by the Office of Community and Rural Health in the administration of the J-1 physician visa waiver program. This program allows the Department of Health to assist communities to recruit and retain physicians as directed by chapter 70.185 RCW by exercising an option provided in federal law 8 U.S.C. Sec. 1184(1) and 22 C.F.R. 514.44(e).
While chapter 246-562 WAC has been adopted and put into practice, a need has been identified for greater technical clarity as well as to open discussion regarding the use of specialists through the program. The current rule allows the placement of primary care physicians only.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The rule is developed in accordance with federal law and regulations. The program works closely with Immigration and Naturalization Services (INS) and United States Information Services (USIA) to ensure compliance with federal regulations. These agencies are included in the mailing list for all drafts of rule amendments.
Process for Developing New Rule: Public meetings and mailings to stakeholders. Several Office of Community and Rural Health partners will participate in the drafting and reviewing of any amendments to the rule. Key constituents including provider groups, local health planners, Region X US PHS, UW School of Medicine, Area Health Education Centers, Higher Education Coordinating Board, Northwest Regional Primary Care Association and other constituents will be provided opportunity for input and review of the proposed rule. The constituent mailing list includes rural hospitals, rural health clinics, community and migrant health centers, immigration attorneys, USIA, INS, USDA and current facilities that have used the program and other interested parties.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kelly Shaw, Program Manager, Department of Health, Office of Community and Rural Health, P.O. Box 47834, Olympia, WA 98504-7834, (360) 705-6763, fax (360) 705-9273. Public WAC development work sessions will be held during the fall of 1999. Draft rule revisions will be sent to all constituents. The final draft of the proposed rule will be sent to all interested parties. A public hearing will be held prior to final rule adoption.
July 20, 1999
M. C. Selecky
Secretary