(a) The department, in accordance with 8 U.S.C. § 1182(e), as amended, under exceptions provided by 8 U.S.C. § 1184(l), as amended, may request waiver of the foreign country residence requirement for a qualified alien physician who agrees to practice medicine in a medically underserved area or health professional shortage area, as designated by the United States Department of Health and Human Services, that has a current shortage of physicians.
(b) The department may charge a fee to cover the costs incurred by the department in administering the visa waiver program established under this section.

(c) To the extent allowed by federal law, the department shall provide an equal opportunity to request a waiver of the foreign country residence requirement for an individual described by Subsection (a) who agrees to practice medicine in:
(1) an area that the department determines is affected by an ongoing exposure to a disease that is designated as reportable under § 81.048;
(2) a medically underserved area; or
(3) a health professional shortage area.