2005 Idaho Code - 39-6106 — GENERAL REQUIREMENTS AND LIMITATIONS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 61
                     IDAHO CONRAD J-1 VISA WAIVER PROGRAM
    39-6106.  GENERAL REQUIREMENTS AND LIMITATIONS. (1) Visa waiver request.
The department may only submit a visa waiver request when:
    (a)  The application contains all of the required information and
    documentation; and
    (b)  The application meets all state and federal criteria; and
    (c)  Foreign exchange physicians having a J-1 case number assigned by the
    United States department of state have paid all federal processing fees;
    and
    (d)  The applicant has paid the state of Idaho application processing fee.
    (2)  Limitations of department actions.
    (a)  Prior to submission of an application, the department may provide
    information to the applicant on preparing a complete application.
    (b)  The department will not be responsible for adding any information to
    incomplete application packets.
    (c)  For applicants who have benefitted from department waiver requests
    previously, the applicant's history of compliance will be a consideration
    in future decisions for waiver requests.
    (d)  In any single program year, a health care facility in any one (1)
    area of underservice:
         (i)   Will not be allotted more than two (2) waiver request
         applications; and
         (ii)  Will not exceed by more than one and nine-tenths (1.9)
         full-time equivalents, the number of physicians needed to eliminate
         the physician shortage as defined by the current de-designation
         threshold in any single program year.
    (e)  The shortage area designation must be current on the date the United
    States department of state reviews and recommends the application and on
    the date the immigration agency approves the J-1 visa waiver. Any
    application that is being submitted to the department at the end of the
    three (3) year health professional shortage area designation cycle may be
    summarily denied if the renewal is not obtained.
         (i)   Participation by the department in the Idaho conrad J-1 visa
         waiver program is completely discretionary and voluntary. The
         department may elect not to participate in the program at any time.
         The submission of a complete waiver package does not ensure the
         department will recommend a waiver. The department reserves the right
         to recommend or decline any request for a waiver.
         (ii)  The department, its employees or agents are held harmless of
         any perceived consequence for the denial of a waiver petitioner, or
         the approved placement of one that is not favorable.
         (iii) Application procedures for Idaho conrad J-1 visa waiver
         physician placements were developed by the department in compliance
         with P.L. 103-416 and subsequent revisions. They are subject to
         updates and changes at any time. Interpretation of these procedures
         rests solely with the department in consultation with the appropriate
         federal agencies.