Bill Text: CA SB396 | 2017-2018 | Regular Session | Amended

California Senate Bill 396 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Employment: gender identity, gender expression, and sexual orientation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-10-15 - Chaptered by Secretary of State. Chapter 858, Statutes of 2017. [SB396 Detail]

Download: California-2017-SB396-Amended.html

Amended IN Senate April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 396

Introduced by Senator Lara

February 15, 2017

~~An act relating to health professionals.~~ An act to add Article 7.9 (commencing with Section 92685) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, relating to the University of California.

LEGISLATIVE COUNSEL'S DIGEST

SB 396, as amended, Lara. ~~Health professionals: medical residency programs: undocumented medical students.~~ University of California: California Medical Residency Training Pilot Program.

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.
Existing law prohibits 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. Existing law also prohibits 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.
This bill would request the Regents of the University of California to, on or before July 31, 2018, develop and implement a California Medical Residency Training Pilot Program for students interested in medical training in California who meet requirements adopted by the regents for receiving an exemption from paying nonresident tuition, as specified. The bill would encourage the regents to ensure that the program includes specified components. The bill would establish the California Medical Residency Training Program Fund in the State Treasury and would make moneys deposited into the fund available upon appropriation by the Legislature for the purposes of the pilot program. The bill would establish that personal information of a student collected or obtained for the pilot program is not a public record for purposes of the California Public Records Act and shall only be collected, used, and retained to administer the program, and would prohibit disclosure of that personal information to any other person, except as provided.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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.
Existing law prohibits 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. Existing law also prohibits 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.
This bill expresses findings and declarations of the Legislature relating to undocumented medical students. The bill also expresses the intent of the Legislature to enact legislation to remove barriers for undocumented medical students to apply for, and participate in, medical residency programs in California.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

The people of the State of California do enact as follows:

SECTION 1.

Article 7.9 (commencing with Section 92685) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, to read:

Article 7.9. California Medical Residency Training Pilot Program
92685.
This article shall be known, and may be cited, as the California Medical Residency Training Pilot Program.
92685.1.
(a) The Legislature finds and declares all of the following:
(1) Many immigrants come to the United States as children, and attend California public elementary and secondary schools, as well as California public and private colleges and universities.
(2) Despite the high cost of higher education and limited resources, with hard work, a strong spirit of determination, and the assistance of state laws that provide access to nonresident tuition exemptions, state financial aid, and graduate school admissions tests, these students are now able to attend, participate in, and graduate from, California colleges and universities.
(3) For our health care Dreamers, our state has also worked to ensure that undocumented students have access to advanced degrees and professional licenses.
(4) Under Senate Bill 1159 of the 2013–14 Regular Session (Chapter 752 of the Statutes of 2014), beginning in 2016, individuals who have met all requirements for licensure in a profession regulated by the Department of Consumer Affairs can apply to a health professional board for a professional license, regardless of immigration status, with an individual taxpayer identification number (ITIN). Expanded access to licensure helps California meet the cultural and linguistic needs of its diverse, newly insured, and medically underserved populations. Undocumented providers are uniquely positioned to serve these diverse and underserved communities.
(5) Senate Bill 1139 of the 2015–16 Regular Session (Chapter 786 of the Statutes of 2016), which took effect on January 1, 2017, also authorizes the use of the ITIN, which removes additional barriers for undocumented students pursuing medical degrees who work in medically underserved areas. In addition, the measure clarifies that undocumented students are eligible to participate in medical degree programs.
(6) Over the past 15 years, our state has understood the importance of a continued investment in immigrant children. However, barriers still exist. Today, some of our brightest and most dedicated students are not able to advance their educations enough to apply for a medical license, because they are unable to attend medical residency training programs. Despite that progress, our work is not done. The natural next step is to ensure that these young people can complete their professional training.
(7) Under the federal Patient Protection and Affordable Care Act, more Californians than ever are insured, many of whom have specific cultural and linguistic barriers to receiving care. In addition, many regions of the state continue to face service shortages of primary care providers. Specifically, there are currently 168 designated medically underserved areas in California, located across all 58 counties, and many are located in communities where a majority of patients are low income.
(8) Patients in medically underserved areas face significant challenges in attempting to access health care services. The limited resources and lack of specialty services in these communities lead to longer waiting times and longer journeys to appointments. Given the opportunity, health care Dreamers would be uniquely positioned to serve these diverse and underserved communities.
(b) The intent of this article is to enable undocumented medical students to apply for, and participate in, a medical residency program at the University of California.
92685.2.
On or before July 31, 2018, the Regents of the University of California are requested to develop and implement a California Medical Residency Training Pilot Program for students interested in training in California who meet requirements, adopted by the regents, that are equivalent to the exemption from paying nonresident tuition requirements in Section 68130.5. Except for students granted status pursuant to Section 1101(a)(15)(T) or (U) of Title 8 of the United States Code, this article 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 read on January 1, 2017.
92685.3.
(a) The regents are encouraged to ensure that the pilot program established pursuant to this article has, at minimum, all of the following components:
(1) Serves to identify eligible students to match with University of California medical institutions that are equipped to provide medical residency training.
(2) Establishes a process for admitted participants to receive grants, scholarships, and stipends while participating in the program.
(3) Adheres to existing state and national medical residency accreditation program standards.
(4) Provides medical residents the same quality and rigorous medical residency program available under the federal match program, including faculty supervision, training, and assessment.
(5) Provides participants comparable benefits provided to residents in the federal match program, including, but not limited to, medical insurance during their participation in the program.
(6) Prioritizes applicants who demonstrate an interest in serving medically underserved areas in California.
(7) Prioritizes applicants who are bilingual or multilingual.
(8) Ensures that all students described in Section 92685.2 may apply for, and participate in, the pilot program regardless of their immigration status and without violating Section 1324a of Title 8 of the United States Code.
(9) Requires, when mandatory disclosure of a social security number is required from an applicant to participate in the program, the applicant to provide his or her social security number, if one has been issued, or his or her individual tax identification number.
(b) The regents are encouraged to establish admissions and eligibility criteria, and procedures and forms that enable eligible students to apply for, and participate in, the pilot program.
92685.4.
Notwithstanding Chapter 3.5 (commencing with 6250) of Division 7 of Title 1 of the Government Code, information provided by the applicant for, or by the recipients of, a pilot program established pursuant to this article is not a public record and shall be used only to administer the grants, scholarships, fee waivers, or reimbursements, or as otherwise required by California law or state or federal court order. This provision does not prohibit the disclosure of aggregate data that does not reveal personal identifying information about the student.
92685.5.
(a) The California Medical Residency Training Program Fund is hereby created in the State Treasury. Moneys in the fund shall be used for any purpose authorized by this article upon appropriation by the Legislature.
(b) The California Medical Residency Training Program Fund may be funded by both private and public funds. Cash donations received pursuant to this subdivision shall be deposited into the fund and shall be made available immediately upon deposit and appropriation by the Legislature for any purpose authorized by this article.
(c) For the purpose of securing funding for the California Medical Residency Pilot Training Program, the regents may apply to receive funding from the Song-Brown Health Care Workforce Training Act established pursuant to Article 1 (commencing with Section 128200) of Chapter 4 of Part 3 of Division 107 of the Health and Safety Code, among other state funding programs.

SEC. 2.
The Legislature finds and declares that Section 1 of this act, which adds Article 7.9 (commencing with Section 92685) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act strikes the appropriate balance between the public’s right to access information about the conduct of their governmental agencies and the need to protect the personal information of private individuals who participate in a pilot program established by the Regents of the University of California pursuant to Article 7.9 (commencing with Section 92685) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code.

SEC. 3.
The Legislature finds and declares that Section 1 of this act, which adds Article 7.9 (commencing with Section 92685) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act strikes the appropriate balance between the public’s right to access information about the conduct of their governmental agencies and the need to protect the personal information of private individuals who participate in a pilot program established by the Regents of the University of California pursuant to Article 7.9 (commencing with Section 92685) to Chapter 6 of Part 57 of Division 9 of Title 3 of the Education Code.

SECTION 1.
~~(a)The Legislature finds and declares all of the following:~~
~~(1)Many immigrants come to the United States as children, and attend California public elementary and secondary schools, as well as California public and private colleges and universities.~~
(2)Despite the high cost of higher education and limited resources, with hard work, a strong spirit of determination, and the assistance of state laws that provide access to nonresident tuition exemptions, state financial aid, and graduate school admissions tests, these students are now able to attend, participate in, and graduate from, California colleges and universities.
~~(3)For our health care Dreamers, our state has also worked to ensure that undocumented students have access to advanced degrees and professional licenses.~~
(4)Under Senate Bill 1159 of the 2013–14 Regular Session (Chapter 752 of the Statutes of 2014), beginning in 2016, individuals who have met all requirements for licensure in a profession regulated by the Department of Consumer Affairs can apply to a health professional board for a professional license, regardless of immigration status, with an individual taxpayer identification number (ITIN). Expanded access to licensure helps California meet the cultural and linguistic needs of its diverse, newly insured, and medically underserved populations. Undocumented providers are uniquely positioned to serve these diverse and underserved communities.
(5)Senate Bill 1139 of the 2015–16 Regular Session (Chapter 786 of the Statutes of 2016), which took effect on January 1, 2017, also authorizes the use of the ITIN, which removes additional barriers for undocumented students pursuing medical degrees who work in medically underserved areas. In addition, the measure clarifies that undocumented students are eligible to participate in medical degree programs.
(6)Over the past 15 years, our state has understood the importance of a continued investment in immigrant children. However, barriers still exist. Today, some of our brightest and most dedicated students are not able to advance their educations enough to apply for a medical license, because they are unable to attend medical residency training programs. Despite that progress, our work is not done. The natural next step is to ensure that these young people can complete their professional training.
(7)Under the federal Patient Protection and Affordable Care Act, more Californians than ever are insured, many of whom have specific cultural and linguistic barriers to receiving care. In addition, many regions of the state continue to face service shortages of primary care providers. Specifically, there are currently 168 designated medically underserved areas in California, located across all 58 counties, and many are located in communities where a majority of patients are low income.
(8)Patients in medically underserved areas face significant challenges in attempting to access health care services. The limited resources and lack of specialty services in these communities lead to longer waiting times and longer journeys to appointments. Given the opportunity, health care Dreamers would be uniquely positioned to serve these diverse and underserved communities.
~~(b)It is the intent of the Legislature to enact legislation to remove barriers for undocumented medical students to apply for, and participate in, medical residency programs in California.~~