NRS439A.175. Application for letter of support; qualifications; conditions for contract between employer and J-1 visa physician.

      1.  An employer or J-1 visa physician who seeks a letter of support must:

      (a) Apply to the Program for a letter of support in the manner prescribed by the State Board of Health;

      (b) Include with the application proof satisfactory to the Division that the J-1 visa physician is licensed to practice medicine pursuant to chapter 630 of NRS or has submitted an application for a license to practice medicine pursuant to chapter 630 of NRS; and

      (c) Include with the application a copy of the contract entered into by the employer and the J-1 visa physician.

      2.  The contract entered into by the employer and the J-1 visa physician:

      (a) Must comply with:

             (1) All applicable provisions of federal law; and

             (2) The regulations adopted by the State Board of Health pursuant to NRS 439A.130 to 439A.185, inclusive.

      (b) Must not include:

             (1) A noncompete clause or restrictive covenant that prevents or discourages the J-1 visa physician from continuing to practice after the term of the contract expires; or

             (2) Any provision authorizing termination without cause.

      3.  The Program may provide a letter of support to a J-1 visa physician:

      (a) If the Program determines that the waiver is in the public interest;

      (b) If the contract entered into by the employer and the J-1 visa physician complies with the provisions of this section; and

      (c) Upon payment of the prescribed application fee.

      (Added to NRS by 2009, 773)