California Senate Bill SB1139 Amended / Bill

 BILL NUMBER: SB 1139AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 1, 2016 AMENDED IN ASSEMBLY JUNE 30, 2016 AMENDED IN ASSEMBLY JUNE 21, 2016 AMENDED IN SENATE APRIL 19, 2016 AMENDED IN SENATE APRIL 4, 2016 INTRODUCED BY Senator Lara (Coauthors: Senators Block, Hall, and Hertzberg) (Coauthor: Assembly Member Gipson) FEBRUARY 18, 2016 An act to add  Section 2064.3   Sections 2064.3 and 2064.4  to the Business and Professions Code, and to add Section 128371 to the Health and Safety Code, relating to health professionals. LEGISLATIVE COUNSEL'S DIGEST SB 1139, as amended, Lara. Health professionals: medical  school 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.  Existing law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California's public and independent segments of higher education and their respective institutions of higher education. Existing law establishes the University of California, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in this state. The University of California operates medical schools at its Davis, Irvine, Los Angeles, San Diego, and San Francisco campuses, and a medical school will open at its Riverside campus in the 2016-17 academic year.  This bill would  provide that any   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  is eligible to participate in   to  a medical school program  and a medical residency training program  at any public or private postsecondary educational institution that offers such a  program. The bill would prohibit the denial of participation in one of these programs   program from being denied admission to that program  based on  the   his or her  citizenship status or immigration  status of the applicant.   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 apply 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 1. Section 2064.3 is added to the Business and Professions Code, to read: 2064.3.  (a)    Notwithstanding any other law,  any   except as specified in subdivision (b), no  student, including a person without lawful immigration status, a person who is exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, or a person who is both without lawful immigration status and exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, who meets the requirements for admission  is eligible to participate in a medical school program and a medical residency training program at any public or private postsecondary educational institution that offers such a program and shall not   to a medical school program at any public or private postsecondary educational institution that offers t   hat   program shall  be denied  participation   admission to that program  based on  the   his or her  citizenship status or immigration  status of the applicant.     status.   (b) This section shall not apply to a nonimmigrant alien within the meaning of paragraph (15) of subdivision (a) of Section 1101 of Title 8 of the United States Code, as that paragraph exists on January 1, 2017.   SEC. 2.   Section 2064.4 is added to the   Business and Professions Code  , to read:   2064.4. (a) Notwithstanding any other law, except as specified in subdivision (b), no student, including a person without lawful immigration status, a person who is exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, or a person who is both without lawful immigration status and exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, who meets the requirements for admission to a healing arts residency training program whose participants are not paid shall be denied admission to that program based on his or her citizenship status or immigration status. (b) This section shall not apply to a nonimmigrant alien within the meaning of paragraph (15) of subdivision (a) of Section 1101 of Title 8 of the United States Code, as that paragraph exists on January 1, 2017.   SEC. 2.   SEC. 3.  Section 128371 is added to the Health and Safety Code, to read: 128371. (a) The Legislature finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by those programs listed in subdivision (d), and therefore, enacts this section pursuant to Section 1621(d) of Title 8 of the United States Code. (b) A program listed in subdivision (d) shall not deny an application based on the citizenship status or immigration status of the applicant. (c) For any program listed in subdivision (d), when mandatory disclosure of a social security number is required, an applicant shall provide his or her social security number, if one has been issued, or an individual tax identification number that has been or will be submitted. (d) This section shall apply to all of the following: (1) Programs supported through the Health Professions Education Fund pursuant to Section 128355. (2) The Registered Nurse Education Fund created pursuant to Section 128400. (3) The Mental Health Practitioner Education Fund created pursuant to Section 128458. (4) The Vocational Nurse Education Fund created pursuant to Section 128500. (5) The Medically Underserved Account for Physicians created pursuant to Section 128555. (6) Loan forgiveness and scholarship programs created pursuant to Section 5820 of the Welfare and Institutions Code. (7) The Song-Brown Health Care Workforce Training Act created pursuant to Article 1 (commencing with Section 128200) of Chapter 4. (8) To the extent permitted under federal law, the program administered by the office pursuant to the federal National Health Service Corps State Loan Repayment Program (42 U.S.C. Sec. 254q-1), commonly known as the California State Loan Repayment Program. (9) The programs administered by the office pursuant to the Health Professions Career Opportunity Program (Section 127885), commonly known  at   as  the Mini Grants  Program and the     Program, and  California's Student/Resident Experiences and Rotations in Community  Health, or CalSEARCH, Program.   Health, commonly known as the Cal   -SEARCH   program.