The following apply to faculty and non-faculty waivers.

1. (1) The Texas Department of Health (department) will consider a recommendation for a J-1 visa waiver in the area or areas designated by the Secretary of Health and Human Services as a HPSA or a MUA and are not fully served by J-1, NHSC or other primary care physicians. The HPSA or MUA must have a population to physician ratio of 3000:1 or fewer physicians per capita.
2. (2) Primary care specialists will be considered eligible to apply to areas designated as Primary Care HPSAs or MUAs.
3. (3) Psychiatrists will be considered eligible to apply to areas designated as Mental Health HPSAs or MUAs.
4. (4) The department will consider J-1 visa waivers for physicians who are non-primary care specialists when additional documentation is submitted supporting the need for the services of the specialist and the shortage of that specialty in the HPSA or MUA.
5. (5) The first 30 complete applications that meet federal and state requirements will be considered for recommendation. The submission of a complete waiver application to the department does not ensure that the department will recommend a waiver to the United States Department of State and the Bureau of Citizenship and Immigration Services.
6. (6) The employer or the employer's representative must submit the J-1 waiver request application to the department.

Source Note:The provisions of this §13.2 adopted to be effective July 3, 2003, 28 TexReg 4888.