Idaho Code 39-6111 – Criteria for the J-1 Petitioning Physician
Current as of: 2023 | Check for updates
|
Other versions
(1) The petitioning physician must not have a J-1 visa waiver pending for any other employment offer, and must provide a notarized statement testifying to this fact.
(2) The physician must have the qualifications described in recruitment efforts for a specific vacancy.
Terms Used In Idaho Code 39-6111
- Applicant: means a health care facility that seeks to employ a physician and is requesting state support of a J-1 visa waiver or national interest waiver. See Idaho Code 39-6105
- Area of underservice: means a health professional shortage area in primary care or mental health, a medically underserved area, or a medically underserved population federally designated by the secretary of health and human services. See Idaho Code 39-6105
- Contract: A legal written agreement that becomes binding when signed.
- Employment contract: means a legally binding agreement between the applicant and the physician named in the J-1 visa waiver or national interest waiver application that contains all terms and conditions of employment, including but not limited to the salary, benefits, length of employment and any other consideration owing under the agreement. See Idaho Code 39-6105
- Full time: means a working week of a minimum of forty (40) hours at one (1) or more health care facilities. See Idaho Code 39-6105
- Petitioning physician: means the foreign physician, named in the J-1 visa waiver or national interest waiver application, who requires a waiver to remain in the United States to practice medicine. See Idaho Code 39-6105
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
- Vacancy: means a full-time physician practice opportunity in the delivery of health care services. See Idaho Code 39-6105
(3) Petitioning physicians must:
(a) Provide direct patient care full time; and
(b) Be trained in:
(i) Family medicine;
(ii) Internal medicine;
(iii) Pediatrics;
(iv) Obstetrics and gynecology;
(v) General surgery;
(vi) Psychiatry and its subspecialties; or
(vii) Other specialties licensed or eligible for licensure by the Idaho board of medicine, if there is a demonstrated need by the applicant organization.
(4) Physicians must apply and be eligible for an active Idaho medical license. The petitioning physician may be participating in an accredited residency program for this application, but must have successfully completed the third year of their residency training program for their employment contract to be activated. The petitioning physician must have an unrestricted license to practice in the state of Idaho and be board-certified or eligible in his respective medical specialty at the commencement of employment. A copy of the acknowledgment of receipt form from the state board of medicine must be included in the waiver request.
(5) The petitioning physician must agree with all provisions of the employment contract as described in section 39-6109, Idaho Code. Other negotiable terms of the contract are between the petitioning physician and the hiring agency.
(6) The petitioning physician must:
(a)(i) Agree to work full time for no less than three (3) years in an area of underservice in the state of Idaho;
(ii) Provide health care to medicare and medicaid beneficiaries; and
(iii) Serve all individuals within a shortage designation population, including low-income and uninsured individuals; or
(b) Serve the population of a local, state, or federal governmental institution or corrections facility as an employee of the institution.