1. (1) The department may defer processing a request if the health care facility or any principal of the facility:

   1. (a) is under investigation or awaiting trial for:

      1. (i) Medicaid or Medicare fraud;
      2. (ii) violation of Division of Professional Licensing statute or rule; or
      3. (iii) any other violation of law that may indicate that it may not be in the public interest that a waiver of the two-year home residency requirement be granted;
   2. (b) is under probation for any alleged violation listed in Subsection (1)(a); or
   3. (c) has entered a plea in abeyance for any alleged violation listed in Subsection (1)(a).
2. (2) A physician applicant may seek to obtain a Conrad 30 J-1 visa waiver as an employee of another health care facility if the department has deferred processing a request under Subsection (1).
3. (3) If the department has deferred processing a request for a health care facility but the reason for that deferral no longer exists, the facility may notify the department and provide documentation to show that the reason for the deferral no longer exists.

KEY: waivers, underserved, physicians

Date of Last Change: November 9, 2025

Notice of Continuation: April 23, 2025

Authorizing, and Implemented or Interpreted Law: 26B-1-202