2004 News

Letter to Secretary Tom Ridge, U.S. Department of Homeland Security

PHILADELPHIA, PA — FEBRUARY 18, 2004 —

The Honorable Tom Ridge Secretary
U.S. Department of Homeland Security
Washington, DC 20528

RE: Foreign Health Care Workers

Dear Secretary Ridge:

I write in reply to the letter of the American Hospital Association ("AHA") dated February 11, 2004 requesting certain changes to the DHS final rule on foreign health care workers. While this organization objects to the AHA’s request to exempt certain classes of such workers from the rule’s requirements, we do not object to the request for an additional year of transition for most of these workers.

The Commission on Graduates of Foreign Nursing Schools ("CGFNS") is recognized by statue as a "credentialing organization" qualified to certify that foreign health care workers are competent to provide health care services to U.S. health care consumers. After seven long years, a rule was finally issued that implements the health-care screening requirements of section 212(a)(5)(C) of the Immigration and Nationality Act to temporary foreign health care workers. Included in that rule was a one-year transition period, through July 25, 2004, for all temporary foreign health care workers to obtain the certificate required by section 212(a)(5)(C).

Since publication of the final rule on July 25, 2003, CGFNS has been contacted by a number of organizations, including the AHA, expressing concern that the required certificate cannot be obtained by July 25, 2004. While we do not agree with the contention that CGFNS may not be able to process the certificates by the current deadline, we have no objection to extending the transition period for another year for those foreign nurses already present in TN status who hold a valid nursing license from a U.S. jurisdiction.

We do not support an extension of the transition period for "new" applicants, that being first-time TN applicants after July 25, 2004. This group, and their potential U.S. employers, are already aware of the certificate requirement, and they provide no ongoing service that could potentially be interrupted by the upcoming deadline.

In addition, we believe there is no statutory basis for AHA’s request for an exemption of currently U.S.-licensed foreign health-care workers, or for foreign nationals who are educated in the United States. Exemption represents a broad, bold step directly contrary to the congressional policy of ensuring that U.S. health care consumers are adequately protected. It would be a direct violation of section 212(a)(5)(C) for DHS to exempt either group by regulation. With respect to temporary foreign nurses in TN status holding U.S. licenses as of July 25, 2003, however, CGFNS does not object to extension of the one-year transition period until July 25, 2005.

Thank you for your consideration of our views on this matter.

Sincerely,

Barbara L. Nichols, DHL, MS, RN, FAAN
Chief Executive Officer