PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Chapter 246-562 WAC, J-1 Physician visa waiver regulations.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.185 RCW, Federal legislation: Public Law 108-441 and 109-477.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current rules exceed federal requirement of three-year minimum service obligation. We have no authority to hold physicians to a longer requirement. The rules also have different application dates for FLEX (non-HPSA) waivers than non-FLEX waivers. This has caused problems for constituents and should be aligned with all other start dates. Finally, we would like to review our specialist criteria to be more flexible with current health care market, and we need to allow for the possibility of more primary care physicians. These changes will allow the program to be in line with federal requirements and provide more flexibility for the program as the delivery of health care services evolves.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are federal rules that regulate the J-1 visa waiver program. This program coordinates with the United States Department of State (DOS) and the Bureau of Citizenship and Immigration Services (CIS) to ensure compliance with the federal regulations. DOS and INS [CIS] will be included in all mailings.
Process for Developing New Rule: Program staff will use mailings and web-based opportunities to solicit input on rule amendments.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. There will be opportunity for input on these rules through mailings, web-based opportunities and community meetings, if needed. Please contact Jennell Prentice, Community and Rural Health, P.O. Box 47834, Olympia, WA 98504-7834, e-mail Jennell.Prentice@doh.wa.gov.
June 26, 2008
Mary C. Selecky
Secretary