Section 591.20 Definitions

Section 591

TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH

SUBCHAPTER h: GRANTS, LOANS, SCHOLARSHIPS, AND WAIVERS FOR HEALTH CARE PROFESSIONAL STUDENTS, PATHOLOGISTS, AND PROVIDERS

PART 591 VISA WAIVER PROGRAM FOR INTERNATIONAL MEDICAL GRADUATES

SECTION 591.20 DEFINITIONS

Section 591.20  Definitions

"Act"

means the Immigration and Nationality Act (8 U.S.C. 1182(e) and 8 U.S.C. 1184(l)).

"Applicant"

means a physician or an individual acting on behalf of the physician who

applies to the Department for a J-1 Visa Waiver.

"Authorized

representative" means a person who has authority to act on behalf of the

applicant, including, but not limited to, applicant’s attorney at law.

Authorized representatives are:  for a corporation, any of its officers or

members of its board of directors; for a limited liability company, any of its

managers or members; for a partnership, any of its general partners; and for a

sole proprietor, the individual who is the sole proprietor.

"Board

certified physician" means a physician who has passed a medical specialty

examination and who has maintained certification of that specialty from a

nationally recognized medical specialty board certification body.

"Board

eligible physician" means a physician who has completed the requirements

for admission to a medical specialty board examination but has not yet taken

and passed the examination or a physician who had board certification but did

not maintain that certification and must take a medical specialty board

examination again.

"Breach

of service obligation" means failure for any reason to begin or complete

all of a contractual service commitment.

"Calendar

day" means all days in a month or prescribed time frame, including

weekends and federal or State government declared holidays.

"Center"

means the Center for Rural Health of the Illinois Department of Public Health

ake a medical specialty board

examination again.

"Breach

of service obligation" means failure for any reason to begin or complete

all of a contractual service commitment.

"Calendar

day" means all days in a month or prescribed time frame, including

weekends and federal or State government declared holidays.

"Center"

means the Center for Rural Health of the Illinois Department of Public Health.

"Certified

local health department" means a county, multi-county, municipal or

district public health agency recognized by the Department pursuant to the

Certified Local Health Department Code.

"Change

of ownership" means a change in the person who has operational control of

a medical facility.

"Community-based

organization" means a locally organized and locally recognized group of

individuals whose goals include efforts to maintain or increase the

availability of primary health care in its community.

"Community

Health Center" or "CHC" means migrant health centers or

community health centers or health care for the homeless programs or health

care for residents of public housing supported under section 330 of the federal

Public Health Service Act and Federally Qualified Health Centers, including

Federally Qualified Health Center Look-Alikes, as designated by the Secretary

of the U.S. Department of Health and Human Services, that operate at least one

federally designated primary health care delivery site in Illinois.

"Country

of nationality or country of last legal residence" means the country from

which the physician was a national at the time J-1 status was acquired or the

last foreign country in which the physician had a legal permanent residence

before acquiring J-1 status.

"Curriculum

vitae" means a written description of professional accomplishments, work

experience, educational background and skills.

"Department"

means the Illinois Department of Public Health.

"DHHS"

means the U.S. Department of Health and Human Services

ime J-1 status was acquired or the

last foreign country in which the physician had a legal permanent residence

before acquiring J-1 status.

"Curriculum

vitae" means a written description of professional accomplishments, work

experience, educational background and skills.

"Department"

means the Illinois Department of Public Health.

"DHHS"

means the U.S. Department of Health and Human Services.

"Director"

means the Director of the Illinois Department of Public Health.

"Emergency

medicine physician" means a physician licensed to practice medicine in

Illinois under the Medical Practice Act of 1987 with a specialty dedicated to

the care and treatment of acutely ill or injured patients who need immediate

medical attention.  For purposes of this Part, an emergency medicine physician

is considered a specialist.

"Federal

fiscal year" means the 12-month period beginning October 1 and ending

September 30 of the following year.  The federal fiscal year may be divided

into four calendar quarters: October 1 through December 31; January 1 through

March 31; April 1 through June 30; and July 1 through September 30.

"Federally

Qualified Health Center" or "FQHC" means a health center funded

under section 330 of the Public Health Service Act.

"Federally

Qualified Health Center Look-Alike" or "FQHC Look-Alike" means

an organization that meets the requirements for receiving a grant under section

330 of the Public Health Service Act, but does not receive federal grants under

that authority.

"Fellowship

training" means a physician who pursues additional, optional training in a

subspecialty of medicine.

"Forensic

pathologist" means a physician licensed to practice medicine in Illinois

under the Medical Practice Act of 1987 with a specialty in pathology.  These

physicians investigate deaths that occur under unusual circumstances, perform

post-mortem examinations, and initiate inquests

lowship

training" means a physician who pursues additional, optional training in a

subspecialty of medicine.

"Forensic

pathologist" means a physician licensed to practice medicine in Illinois

under the Medical Practice Act of 1987 with a specialty in pathology.  These

physicians investigate deaths that occur under unusual circumstances, perform

post-mortem examinations, and initiate inquests.

"Full

time practice" means maintaining 40 hours of ambulatory access per week as

required under the Act and the Code of Federal Regulations (see 22 CFR

41.63(i)).

"H1B

visa" means a visa for a foreign national to work in the U.S. for a

temporary period, issued by the U.S. Department of Homeland Security.  It is

available for employment in a specialty occupation, including, but not limited

to, biotechnology, chemistry, architecture, engineering, mathematics,

education, law, medicine and research.

"Health

Professional Shortage Area" or "HPSA" means a designation provided

by the U.S. Department of Health and Human Services, Health Resources and

Services Administration.  The HPSA designation indicates the shortage of

primary medical care or dental or mental health providers.  The HPSA designation

may be geographic (a county or service area), population group (e.g., low-income,

Medicaid eligible) or facility (comprehensive health center, FQHC, or other

public facility or non-profit facility).  HPSA designations can be found at http://hpsafind.hrsa.gov.

"Health

professional shortage area score" or "HPSA score" means a score

calculated by DHHS that is assigned to areas or facilities having a health

professional shortage designation to determine priorities for assignment of

clinicians.

"Hospital" means a

location defined in and licensed under the Hospital Licensing Act.

"Hospital medicine"

means a physician whose medical specialty focuses on the care of acutely ill

hospitalized patients

"HPSA score" means a score

calculated by DHHS that is assigned to areas or facilities having a health

professional shortage designation to determine priorities for assignment of

clinicians.

"Hospital" means a

location defined in and licensed under the Hospital Licensing Act.

"Hospital medicine"

means a physician whose medical specialty focuses on the care of acutely ill

hospitalized patients.

"Hospitalist" means a

physician licensed to practice medicine in Illinois under the Medical Practice

Act of 1987 whose primary focus is the medical care of hospitalized patients.

The hospitalist's activities include patient care, teaching, research, and

leadership related to hospital medicine.  For purposes of this Part, a

hospitalist is considered a primary care physician.

"Intermediate care facilities

for the developmentally disabled and long-term care for under age 22

facilities" means a location defined in and licensed under the ID/DD

Community Care Act.

"J-1 visa" means a

non-immigrant visa issued by the United States to exchange visitors

participating in programs that promote cultural exchange, business training or

medical education.

"J-1 visa waiver" or "waiver"

means a federal action that waives the requirement for a foreign physician, in

the U.S. on a J-1 visa, to return to the physician's country of nationality or

country of last legal residence for a two-year period following medical

residency training.

"J-1 visa waiver flex

option" means a waiver granted by the Department recommending that a

physician work at a medical facility that is not specifically designated as

underserved by DHHS.

"J-1 visa waiver

program" or "Waiver program" means the administration of the

waiver process by the Department.

"Labor certification"

means the process of proving that there are no qualified U.S. workers for the

position being offered by an employer.

"Long-term care

facility" means a location defined in and licensed under the Nursing Home

Care Act

ifically designated as

underserved by DHHS.

"J-1 visa waiver

program" or "Waiver program" means the administration of the

waiver process by the Department.

"Labor certification"

means the process of proving that there are no qualified U.S. workers for the

position being offered by an employer.

"Long-term care

facility" means a location defined in and licensed under the Nursing Home

Care Act.

"Liquidated damages"

means damages in an amount designated by the parties during the formation of a

contract for the injured party to collect as compensation upon a specific

breach.

"Medical

facility" means a facility where a physician fulfills the physician's

service obligation, including but not limited to the following:

A community

health center;

A local health

department;

An outpatient

medical facility;

A community

mental health center;

A hospital;

A State-operated

facility providing care to persons with mental illness;

An ID/DD

Community Care facility;

A long-term

care facility;

A

rehabilitation facility (either a distinct bed unit in a general acute care

hospital or a specialty hospital);

A Migrant

Health Center or an Indian Health Service facility;

An FQHC or

FQHC Look-Alike;

A facility for

delivery of health services to inmates in a U.S. penal or correctional

institution (under section 323 of the Public Health Service Act) or a State

correctional institution;

A Public

Health Service medical facility (used in connection with the delivery of health

service under section 320, 321, 322, 324, 325 or 326 of the Public Health

Service Act) or any other federal medical facility;

A specialized

mental health rehabilitation facility;

a physician's

office; or

a medical

examiner's office.

"Medically underserved

area" or "MUA" means a location designated by DHHS based on the

availability of primary care physicians, demographic characteristics, and

health status of the residents of a service area. The designation is used to

identify areas in need of additional health care services

ized

mental health rehabilitation facility;

a physician's

office; or

a medical

examiner's office.

"Medically underserved

area" or "MUA" means a location designated by DHHS based on the

availability of primary care physicians, demographic characteristics, and

health status of the residents of a service area. The designation is used to

identify areas in need of additional health care services.  MUAs can be found

at https://data.hrsa.gov/tools/shortage-area/mua-find.

"Medically underserved

population" or "MUP" means a population group designated by DHHS

as being in need of additional health care services.  MUPs can be found at https://data.hrsa.gov/tools/shortage-area/mua-find

"Mental Health HPSA"

means the shortage of psychiatrists and core mental health professionals in a

defined area.

"Metropolitan Statistical

Area" or "MSA" means one or more adjacent counties that have at

least one urban core area of at least 50,000 in population, plus adjacent

territory that has a high degree of social and economic integration with the

core as measured by commuting ties.

"National interest

waiver" or "NIW" means an exemption from the labor certification

process for foreign physicians who stay in the U.S. and work in an underserved

area and whose stay is determined to be in the public interest by the

Department.  The waiver is issued by the U.S. Department of Homeland Security

under section 5 of the Nursing Relief for Disadvantaged Areas Act of 1999.

"Non-compete" means an

agreement between the physician and the employer under which the physician

agrees not to enter into competition with the employer after employment ends.

"Null and void" means

that a J-1 visa waiver application submitted to the Department has no legal

force and is invalid.

"Obstetrician" means a

physician licensed to practice medicine in Illinois under the Medical Practice

Act of 1987 with a specialty dedicated to pregnancy, childbirth, and the

postpartum period

ian

agrees not to enter into competition with the employer after employment ends.

"Null and void" means

that a J-1 visa waiver application submitted to the Department has no legal

force and is invalid.

"Obstetrician" means a

physician licensed to practice medicine in Illinois under the Medical Practice

Act of 1987 with a specialty dedicated to pregnancy, childbirth, and the

postpartum period.

"Operational control"

means a person or entity possesses the ability to direct the management and

policies of the medical facility, whether through the voting of securities,

corporate membership, contract, or otherwise.

"Physician" means a

person licensed to practice medicine in all of its branches in Illinois under

the Medical Practice Act of 1987.

"Primary

care" means health care that encompasses prevention services, basic

diagnostic and treatment services, and support services such as laboratory, radiology,

transportation and pharmacy.  Primary care is comprehensive in nature and

includes responsibility for coordination of other health and social services as

they relate to patients' needs.

"Primary

Care HPSA" means the primary care physician shortage in a defined area.

"Primary

care physician" means a person licensed to practice medicine in all of its

branches in Illinois under the Medical Practice Act of 1987 with a specialty in

family medicine, internal medicine, pediatrics, obstetrics/gynecology, or

hospital medicine.

"Psychiatric

physician" or "psychiatrist" means a person licensed to practice

medicine in all of its branches under the Medical Practice Act of 1987 with a

specialty in psychiatry.

"Residency

training" means graduate medical education that follows medical school and

that trains the physician in the physician's chosen specialty (e.g., family medicine,

pediatrics)

ology, or

hospital medicine.

"Psychiatric

physician" or "psychiatrist" means a person licensed to practice

medicine in all of its branches under the Medical Practice Act of 1987 with a

specialty in psychiatry.

"Residency

training" means graduate medical education that follows medical school and

that trains the physician in the physician's chosen specialty (e.g., family medicine,

pediatrics).

"Rural"

means any geographic area not located in a Metropolitan Statistical Area; or a

county located within an MSA but having a population of 60,000 or less; or a

geographic area located within an MSA but having a population of 2,500 or less.

"Service

area" is the geographic area composed of the HPSA.

"Service

obligation" means a physician who receives a J-1 Visa waiver must work

full-time for three years in a medical facility in an HPSA in Illinois.  For a

waiver received through the flex option, the physician must work full-time in a

medical facility in Illinois that is not located in a HPSA.

"Specialized

mental health rehabilitation facility" means a location defined in and

licensed under the Specialized Mental Health Rehabilitation Act of 2013.

"Specialist

physician" or "Specialist" means a person licensed to practice

medicine in all of its branches in Illinois under the Medical Practice Act of

1987 with a specialty in an area other than primary care or psychiatry.

"Submission

of application" or "Submission" means that a J-1 visa waiver

application has been submitted to the Department.  For purposes of this Part,

submission means that the Department has received the application by the

established submission deadline (see Section 591.110(a) and (b)).  Submission

does not mean that the application is postmarked by the established submission

deadline but arrives at the Department on a later date

on" means that a J-1 visa waiver

application has been submitted to the Department.  For purposes of this Part,

submission means that the Department has received the application by the

established submission deadline (see Section 591.110(a) and (b)).  Submission

does not mean that the application is postmarked by the established submission

deadline but arrives at the Department on a later date.

"Termination for cause" means

termination of

employment caused by the physician’s personal dishonesty, willful misconduct,

breach of fiduciary duty, intentional failure to perform stated duties, or the

willful violation of any law, rule or regulation, any of which results in

material loss to the employer.

"Termination

without cause" means termination of the physician’s employment for the

convenience of the employer.

"Toll"

or "Tolling" means to pause, postpone or suspend the running of a

defined time period.

"Unauthorized

employment" means hiring a physician for employment that is beyond the

terms and conditions of the physician's employment contract with the employer.

"Urban"

means any geographic area that does not meet the definition of

"rural" in this Section.