128550-128558

HEALTH AND SAFETY CODE
SECTION 128550-128558




128550.  (a) There is hereby established within the Health
Professions Education Foundation, the California Physician Corps
Program.
   (b) Commencing July 1, 2006, both of the following programs shall
be transferred from the Medical Board of California to the California
Physician Corps Program within the foundation and operated pursuant
to this article:
   (1) The Steven M. Thompson Physician Corps Loan Repayment Program.
   (2) The Physician Volunteer Program developed by the Medical Board
of California.
   (c) The office may enter into an interagency agreement with the
Medical Board of California to implement the transfer of programs as
provided under subdivision (b).



128551.  (a) It is the intent of this article that the Health
Professions Education Foundation and the office provide the ongoing
program management of the two programs identified in subdivision (b)
of Section 128550 as a part of the California Physician Corps
Program.
   (b)  For purposes of subdivision (a), the foundation shall consult
with the Medical Board of California, Office of Statewide Planning
and Development, and shall establish and consult with an advisory
committee of not more than seven members, that shall include two
members recommended by the California Medical Association and may
include other members of the medical community, including ethnic
representatives, medical schools, health advocates representing
ethnic communities, primary care clinics, public hospitals, and
health systems, statewide agencies administering state and federally
funded programs targeting underserved communities, and members of the
public with expertise in health care issues.



128552.  For purposes of this article, the following definitions
shall apply:
   (a) "Account" means the Medically Underserved Account for
Physicians established within the Health Professions Education Fund
pursuant to this article.
   (b) "Foundation" means the Health Professions Education
Foundation.
   (c) "Fund" means the Health Professions Education Fund.
   (d) "Medi-Cal threshold languages" means primary languages spoken
by limited-English-proficient (LEP) population groups meeting a
numeric threshold of 3,000, eligible LEP Medi-Cal beneficiaries
residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries
residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries
residing in two contiguous ZIP Codes.
   (e) "Medically underserved area" means an area defined as a health
professional shortage area in Part 5 of Subchapter A of Chapter 1 of
Title 42 of the Code of Federal Regulations or an area of the state
where unmet priority needs for physicians exist as determined by the
California Healthcare Workforce Policy Commission pursuant to Section
128225.
   (f) "Medically underserved population" means the Medi-Cal program,
Healthy Families Program, and uninsured populations.
   (g) "Office" means the Office of Statewide Health Planning and
Development (OSHPD).
   (h) "Physician Volunteer Program" means the Physician Volunteer
Registry Program established by the Medical Board of California.
   (i) "Practice setting" means either of the following:
   (1) A community clinic as defined in subdivision (a) of Section
1204 and subdivision (c) of Section 1206, a clinic owned or operated
by a public hospital and health system, or a clinic owned and
operated by a hospital that maintains the primary contract with a
county government to fulfill the county's role pursuant to Section
17000 of the Welfare and Institutions Code, which is located in a
medically underserved area and at least 50 percent of whose patients
are from a medically underserved population.
   (2) A medical practice located in a medically underserved area and
at least 50 percent of whose patients are from a medically
underserved population.
   (j) "Primary specialty" means family practice, internal medicine,
pediatrics, or obstetrics/gynecology.
   (k) "Program" means the Steven M. Thompson Physician Corps Loan
Repayment Program.
   (l) "Selection committee" means a minimum three-member committee
of the board, that includes a member that was appointed by the
Medical Board of California.



128553.  (a) Program applicants shall possess a current valid
license to practice medicine in this state issued pursuant to Section
2050 of the Business and Professions Code or pursuant to the
Osteopathic Act.
   (b) The foundation, in consultation with those identified in
subdivision (b) of Section 123551, shall use guidelines developed by
the Medical Board of California for selection and placement of
applicants until the office adopts other guidelines by regulation.
The foundation shall interpret the guidelines to apply to both
osteopathic and allopathic physicians and surgeons.
   (c) The guidelines shall meet all of the following criteria:
   (1) Provide priority consideration to applicants that are best
suited to meet the cultural and linguistic needs and demands of
patients from medically underserved populations and who meet one or
more of the following criteria:
   (A) Speak a Medi-Cal threshold language.
   (B) Come from an economically disadvantaged background.
   (C) Have received significant training in cultural and
linguistically appropriate service delivery.
   (D) Have three years of experience working in medically
underserved areas or with medically underserved populations.
   (E) Have recently obtained a license to practice medicine.
   (2) Include a process for determining the needs for physician
services identified by the practice setting and for ensuring that the
practice setting meets the definition specified in subdivision (h)
of Section 128552.
   (3) Give preference to applicants who have completed a three-year
residency in a primary specialty.
   (4) Seek to place the most qualified applicants under this section
in the areas with the greatest need.
   (5) Include a factor ensuring geographic distribution of
placements.
   (6) Provide priority consideration to applicants who agree to
practice in a geriatric care setting and are trained in geriatrics,
and who can meet the cultural and linguistic needs and demands of a
diverse population of older Californians. On and after January 1,
2009, up to 15 percent of the funds collected pursuant to Section
2436.5 of the Business and Professions Code shall be dedicated to
loan assistance for physicians and surgeons who agree to practice in
geriatric care settings or settings that primarily serve adults over
the age of 65 years or adults with disabilities.
   (d) (1) The foundation may appoint a selection committee that
provides policy direction and guidance over the program and that
complies with the requirements of subdivision (l) of Section 128552.
   (2) The selection committee may fill up to 20 percent of the
available positions with program applicants from specialties outside
of the primary care specialties.
   (e) Program participants shall meet all of the following
requirements:
   (1) Shall be working in or have a signed agreement with an
eligible practice setting.
   (2) Shall have full-time status at the practice setting. Full-time
status shall be defined by the board and the selection committee may
establish exemptions from this requirement on a case-by-case basis.
   (3) Shall commit to a minimum of three years of service in a
medically underserved area. Leaves of absence shall be permitted for
serious illness, pregnancy, or other natural causes. The selection
committee shall develop the process for determining the maximum
permissible length of an absence and the process for reinstatement.
Loan repayment shall be deferred until the physician is back to
full-time status.
   (f) The office shall adopt a process that applies if a physician
is unable to complete his or her three-year obligation.
   (g) The foundation, in consultation with those identified in
subdivision (b) of Section 128551, shall develop a process for
outreach to potentially eligible applicants.
   (h) The foundation may recommend to the office any other standards
of eligibility, placement, and termination appropriate to achieve
the aim of providing competent health care services in approved
practice settings.



128554.  (a) Any regulation adopted by the Medical Board of
California relating to the administration of the program or the
Physician Volunteer Program shall remain in effect and shall be
deemed to be a regulation of the office. The office may thereafter
amend or repeal any part of those regulations or adopt any other
regulations it deems appropriate to implement this article in
accordance with the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (b) The adoption, amendment, repeal, or readoption of a regulation
authorized by this section is deemed to be necessary for the
immediate preservation of the public peace, health and safety, or
general welfare, for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the office is hereby exempted from the
requirement that it describe specific facts showing the need for
immediate action. For purposes of subdivision (e) of Section 11346.1
of the Government Code, the 120-day period, as applicable to the
effective period of an emergency regulatory action and submission of
specified materials to the Office of Administrative Law, is hereby
extended to 180 days.



128555.  (a) The Medically Underserved Account for Physicians is
hereby established within the Health Professions Education Fund. The
primary purpose of this account is to provide funding for the ongoing
operations of the Steven M. Thompson Physician Corps Loan Repayment
Program provided for under this article. This account also may be
used to provide funding for the Physician Volunteer Program provided
for under this article.
   (b) All moneys in the Medically Underserved Account contained
within the Contingent Fund of the Medical Board of California shall
be transferred to the Medically Underserved Account for Physicians on
July 1, 2006.
   (c) Funds in the account shall be used to repay loans as follows
per agreements made with physicians:
   (1) Funds paid out for loan repayment may have a funding match
from foundations or other private sources.
   (2) Loan repayments may not exceed one hundred five thousand
dollars ($105,000) per individual licensed physician.
   (3) Loan repayments may not exceed the amount of the educational
loans incurred by the physician participant.
   (d) Notwithstanding Section 11105 of the Government Code,
effective January 1, 2006, the foundation may seek and receive
matching funds from foundations and private sources to be placed in
the account. "Matching funds" shall not be construed to be limited to
a dollar-for-dollar match of funds.
   (e) Funds placed in the account for purposes of this article,
including funds received pursuant to subdivision (d), are,
notwithstanding Section 13340 of the Government Code, continuously
appropriated for the repayment of loans. This subdivision shall not
apply to funds placed in the account pursuant to Section 1341.45.
   (f) The account shall also be used to pay for the cost of
administering the program and for any other purpose authorized by
this article. The costs for administration of the program may be up
to 5 percent of the total state appropriation for the program and
shall be subject to review and approval annually through the state
budget process. This limitation shall only apply to the state
appropriation for the program.
   (g) The office and the foundation shall manage the account
established by this section prudently in accordance with the other
provisions of law.



128556.  The terms of loan repayment granted under this article
shall be as follows:
   (a) After a program participant has completed one year of
providing services as a physician in a medically underserved area, up
to twenty-five thousand dollars ($25,000) for loan repayment shall
be provided.
   (b) After a program participant has completed two consecutive
years of providing services as a physician in a medically underserved
area, an additional amount of loan repayment up to thirty-five
thousand dollars ($35,000) shall be provided, for a total loan
repayment of up to sixty thousand dollars ($60,000).
   (c) After a program participant has completed three consecutive
years of providing services as a physician in a medically underserved
area, an additional amount of loan repayment up to forty-five
thousand dollars ($45,000) shall be provided, for a total loan
repayment of up to one hundred five thousand dollars ($105,000).



128557.   (a) The foundation shall submit to the Legislature an
annual report that includes all of the following:
   (1) The number of program participants.
   (2) The name and location of all practice settings with program
participants.
   (3) The amount expended for the program.
   (4) Information on annual performance reviews by the practice
settings and program participants.
   (5) Status and statistics on the Physician Volunteer Program.
   (b) The foundation shall include the information required in
subdivision (a) in its annual report required pursuant to subdivision
(g) of Section 128345.



128557.5.  On or before January 1, 2010, the foundation, the office,
the Medical Board of California, and the advisory committee
described in Section 128551 shall evaluate the success of the
programs' operation and the foundation's fundraising and shall make
recommendations to the Legislature for improvements to the programs
or for the programs to be carried out by another agency or a
foundation to be established within the Medical Board of California.



128558.  This article shall become operative on July 1, 2006.