39-6109. CONTRACT REQUIREMENTS FOR J-1 VISA WAIVERS. Throughout the period of obligation, regardless of the petitioning physician’s visa status, the employment contract must:

(1) Meet state and federal requirements;

(2) Not prevent the physician from providing medical services in the designated shortage area after the term of employment. A noncompetition clause or any provision that purports to limit the J-1 visa waiver physician’s ability to remain in the area upon completion of the contract term is prohibited by regulation;

(3) State that the physician must serve medicare clients, medicaid clients, low-income clients, uninsured clients, and the population of the federal designation for the area of underservice full time;

(4) Include a notarized statement by the physician that he agrees to meet the requirements set forth in section 214(l) of the immigration and nationality act;

(5) Guarantee the physician a base salary of at least ninety-five percent (95%) of step II of the local prevailing wage for the field of practice in the area to be served;

(6) Specify that benefits offered are not included as part of base salary;

(7) Include leave (annual, sick, continuing medical education and holiday);

(8) State that amendments shall adhere to state and federal J-1 visa waiver requirements;

(9) Acknowledge that the contract may be terminated only with cause and cannot be terminated by mutual agreement until the statutorily required three (3) years of medical service have expired;

(10) Be assignable only by the employer to a successor with concurrence of the department;

(11) Include the practice site address, the days and hours of practice, field of medicine, and a statement that on-call and travel times are not included in the minimum hours;

(12) Include a statement that the employment will start within ninety (90) days after the waiver approval has been issued;

(13) Not commence until after the petitioning physician’s J-1 waiver and appropriate work authorization are approved and the residency program has been successfully completed. The contract shall affirm that no transfer or other modification regarding the duration of contract dates will be approved unless extenuating circumstances are shown to exist, as determined by the department and approved by the United States attorney general in accordance with applicable federal rules and regulations;

(14) Not be subject to changes which result in termination of contract, change in practice scope, or relocation from a site approved in the application. Any proposed changes must be presented in writing to the department for consideration and approval at least thirty (30) days prior to the proposed change. Moving or placement of a J-1 visa waiver physician to a location that was not approved by the department will result in the physician and applicant being in noncompliance with the program and will be reported as such to the immigration agency. It will also limit the applicant’s future participation in the program;

(15) Be signed by both the J-1 visa waiver petitioning physician and the applicant employer, and the date it is signed must be clear.

History:

[39-6109, added 2004, ch. 128, sec. 1, p. 441; am. 2009, ch. 106, sec. 9, p. 330; am. 2017, ch. 72, sec. 6, p. 175.]