Bill Text: CA SB1139 | 2015-2016 | Regular Session | Chaptered

California Senate Bill 1139 (Prior Session Legislation)

Bill Title: Health professionals: medical degree programs: healing arts residency training programs: undocumented immigrants: nonimmigrant aliens: scholarships, loans, and loan repayment.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2016-09-28 - Chaptered by Secretary of State. Chapter 786, Statutes of 2016. [SB1139 Detail]

Download: California-2015-SB1139-Chaptered.html

BILL NUMBER: SB 1139	CHAPTERED
	BILL TEXT

	CHAPTER  786
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2016
	PASSED THE SENATE  AUGUST 30, 2016
	PASSED THE ASSEMBLY  AUGUST 18, 2016
	AMENDED IN ASSEMBLY  AUGUST 15, 2016
	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 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, Lara. Health professionals: medical degree 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.
   This bill would 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 to
a medical degree program at any public or private postsecondary
educational institution that offers such a program from being denied
admission to that program based on his or her citizenship status or
immigration 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,
except as provided, 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.


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, 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 medical degree program at any
public or private postsecondary educational institution that offers
that program shall be denied admission to that program based on his
or her citizenship status or immigration status.
   (b) Except for students granted status pursuant to Section 1101(a)
(15)(T) or (U) of Title 8 of the United States Code, 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) Except for students granted status pursuant to Section 1101(a)
(15)(T) or (U) of Title 8 of the United States Code, 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. 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 as the Mini Grants Program, and California's Student/Resident
Experiences and Rotations in Community Health, commonly known as the
Cal-SEARCH program.