39-6101 Short Title
39-6102 Purpose
39-6103 Severability
39-6104 Incorporation by Reference
39-6105 Definitions
39-6106 General Requirements and Limitations
39-6107 Applied Principles
39-6108 Criteria for Applicants
39-6109 Contract Requirements for J-1 Visa Waivers
39-6109A Contract Requirements for National Interest Waivers
39-6110 Criteria for Proposed Practice Location
39-6111 Criteria for the J-1 Petitioning Physician
39-6111A Flex Waivers for J-1 Petitioning Physicians
39-6111B Criteria for the National Interest Waiver Petitioning Physician
39-6112 Joint Reporting Requirement Upon Commencement of Practice
39-6113 Application Fee
39-6114 Required Application Forms and Accompanying Documents for a J-1 Visa Waiver Request
39-6114A Required Application Forms and Documents for a National Interest Waiver Request
39-6115 Criteria Applied to Federally Designated Facilities
39-6116 Department Review and Action
39-6117 Eligibility for Future Participation
39-6118 Department Responsibility to Report

Terms Used In Idaho Code > Title 39 > Chapter 61 - Idaho Conrad J-1 Visa Waiver and National Interest Waiver Programs

  • 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.
  • Department: means the Idaho department of health and welfare. See Idaho Code 39-6105
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal fiscal year: means the twelve (12) months that commence the first day of October in each year and close on the thirtieth day of September of the following year. See Idaho Code 39-6105
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flex: means the applications that may be submitted six (6) months following the beginning of each federal fiscal year for J-1 visa waiver physicians to work in areas without a federal shortage area designation. See Idaho Code 39-6105
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Health care facility: means an entity with an active Idaho taxpayer identification number doing business or proposing to do business in the practice location where the physician would be employed, whose stated purposes include the delivery of primary medical or mental health care. See Idaho Code 39-6105
  • Interested government agency: means an agency that has the authority from the United States department of state to submit requests for J-1 visa waivers of foreign physician petitioners on behalf of public interest. See Idaho Code 39-6105
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • National interest waiver: means an exemption from the labor certification process administered by the United States department of labor for foreign physicians whose will to stay in the United States and work in an area of underservice in Idaho is determined to be in the public interest by the Idaho department of health and welfare. See Idaho Code 39-6105
  • New start: means a health care facility, as defined in subsection (8) of this section, that has been in existence for twelve (12) months or less. See Idaho Code 39-6105
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • 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
  • Primary care: means a medical doctor or doctor of osteopathy licensed in pediatrics, family medicine, internal medicine, obstetrics, gynecology, general surgery or psychiatry. See Idaho Code 39-6105
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Specialist: means a medical doctor or doctor of osteopathy in any specialty or subspecialty other than pediatrics, family medicine, internal medicine, obstetrics, gynecology, general surgery or psychiatry. 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
  • Testify: Answer questions in court.
  • Unmet need: means a vacancy or shortage of primary care or specialist physicians experienced by a community or population, as defined by federally designated health professional shortage areas or medically underserved areas/populations or as demonstrated by additional data and information required by the department. See Idaho Code 39-6105
  • Vacancy: means a full-time physician practice opportunity in the delivery of health care services. See Idaho Code 39-6105