OAR 409-035-0060: Transfer of J-1 Waiver Physician Obligation

(1) A physician who is granted a visa waiver and who encounters a practice failure due to extenuating circumstances may, with Authority approval, finish the three-year service obligation at another approved health care facility. A written notification of the intended transfer must be submitted to the Authority documenting the need for the transfer before the transfer takes place. Failure to submit written notification prior to a transfer may adversely affect the facility’s eligibility for future participation in the program. (2) The notification must include the reason for transfer, proposed new employer, the health care facility director's name, practice name, address, telephone number, and proposed date of transfer. (3) The original employer must provide a letter releasing the physician from the employment contract and providing an explanation for the termination. The Authority may waive this requirement if the original employer is in non-compliance with federal requirements, federal or state law, or with these rules. (4) The new employer must: (a) Provide a letter of intent to employ the physician; (b) Provide a copy of the new employment contract; (c) Meet health care facility participation requirements as set forth in these rules; (d) Work with the physician to jointly submit annual Verification of Employment forms as required by the Authority.