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1976/10/15 S3683 Relief of Juan Bautista Lopez Ruiz
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The original documents are located in Box 64, folder "10/15/76 S3683 Relief of Juan
Bautista Lopez Ruiz" of the White House Records Office: Legislation Case Files at the
Gerald R. Ford Presidential Library
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
APPROVED76
& 10/15/76
THE WHITE HOUSE
ACTION
WASHINGTON
October 13, 1976
Last Day: October 19
MEMORANDUM FOR THE PRESIDENT
Posted
FROM:
JIM CANNON HIDDuern
10/15/76
SUBJECT:
S. 3682 - Relief of Dr. Oscar J. Briseno
achives
Sponsor: Sen. Eastland
S. 3683 - Relief of Dr. Juan Bautista Lopez Ruiz
10/15/76
Sponsor: Sen. Eastland
Attached for your consideration are two enrolled bills which
grant permanent residence to two alien physicians who entered
the U.S. on temporary visas for the furtherance of their
medical training.
Both of the beneficiaries have been recruited by hospitals
in Mississippi, however, they are unable to practice there
because State law requires physicians to be permanent
residents or U.S. citizens.
Additional information is provided in OMB's enrolled bill
report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Kilberg), NSC and
I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S. 3682 at Tab B.
That you sign S. 3683 at Tab C.
LIBRARY BERALD R. FORD
Digitized from Box 64 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OCT 11 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bills
(1) S. 3682 - Relief of Dr. Oscar J. Briseno
Sponsor - Sen. Eastland (D) Mississippi
(2)
S. 3683 - Relief of Dr. Juan Bautista
Lopez Ruiz
Sponsor - Sen. Eastland (D) Mississippi
Last Day for Action
October 19, 1976 - Tuesday
Purpose
To grant permanent residence to two alien physicians who
entered the United States on temporary visas for the
furtherance of their medical training.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization
Service
Approval
Department of State
No objection
Discussion
The beneficiaries of these two enrolled bills are alien
physicians from Western Hemisphere countries who had been
admitted to the United States on temporary visas to allow
them to complete their advanced medical training in this
country. Although on temporary visas, both physicians
are practicing medicine in States which do not require per-
manent resident immigrant status or citizenship as a
condition to obtaining a license to practice medicine.
Both have been recruited by hospitals in Mississippi;
however, they are unable to practice in Mississippi be-.
cause Mississippi law requires that physicians practicing
in that State be permanent residents or U.S. citizens.
2
The medical services of both Drs. Briseno and Lopez are
critically needed by hospitals in Bay Springs and Jackson,
Mississippi, respectively, because of their particular
medical skills. Dr. Briseno, a citizen of Mexico, is a
skilled physician and surgeon currently practicing medicine
in Illinois; the Bay Springs, Mississippi hospital has
had to close its surgical unit because of its recent loss
of the services of two physicians. Dr. Lopez, who is a
citizen of Nicaragua, is a specialist in the field of
neonatology (newborn infants), currently practicing in a
Pennsylvania hospital; Hinds General Hospital in Jackson,
Mississippi faces having to close its nursery if a qualified
physician such as Dr. Lopez does not take a position.
The Immigration and Nationality Act does not permit Western
Hemisphere natives to adjust their immigration status
while in the United States. Accordingly, both physicians
would have to return to their respective countries and wait
several months for an immigrant visa; this would seriously
jeopardize the availability of certain medical services
in the two Mississippi hospitals. The enrolled bills would
grant both physicians permanent resident immigrant status
upon payment of the required visa fee. In addition, both
enrolled bills direct the Department of State to make an
appropriate reduction in the number of preference visas
available to the doctors' respective countries.
Assistant James Director m. Trey for
Legislative Reference
Enclosures
UNITED STATES DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
PLEASE ADDRESS REPLY TO
Washington 25, D.C.
OFFICE OF THE COMMISSIONER
OCT 6 1976
AND REFER TO THIS FILE NO.
A21 155 820
TO
: OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Enrolled Private Bill No.
S. 3683
; Office of Management
and Budget request dated October 5, 1976.
Beneficiary or Beneficiaries Doctor Juan Bautista Lopez Ruiz.
Pursuant to your request for the views of the Department of Justice on
the subject bill, a review has been made of the facsimile of the bill, the re-
lating Congressional Committee report or reports, and all pertinent information
in the files of the Immigration and Naturalization Service
On the basis of this review the Immigration and Naturalization Service,
on behalf of the Department of Justice:
X
Recommends approval of the bill
Interposes no objection to approval of the bill
Sincerely,
Commissioner
CO Form 18
(REV. 1-17-72)
OCT 7 1976
Dear Mr. Lynn:
Reference is made to Mr. Frey's communication
of October 5, 1976, transmitting for comment enrolled
bills, S. 3682, "For the relief of Doctor Oscar J.
Briseno", S. 3683, "For the relief of Doctor Juan
Bautista Lopez Ruiz", and S. 3556, "For the relief of
Marciano Santiago and his wife, Eleanor L. Santiago".
This Department's files contain no information
identifiable with the above cited bills, and in
the absence of any derogatory information, this Depart-
ment has no objection to the enactment of these bills.
Sincerely yours,
Kempton B. Jenkins
Acting Assistant Secretary
for Congressional Relations
The Honorable
James T. Lynn,
Director,
Office of Management
and Budget.
VND BADCEL
OLLICE OL НУИУСЕНЕЙТ
Je OCT I bW 4:30
BECEINED
Calendar No. 1004
94TH CONGRESS
SENATE
REPORT
No. 94-1070
DR. JUAN BAUTISTA LOPEZ RUIZ
AUGUST 4, 1976.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany S. 3683]
The Committee on the Judiciary, to which was referred the bill
(S. 3683), for the relief of Doctor Juan Bautista Lopez Ruiz, having
considered the same, reports favorably thereon without amendment
and recommends that the bill do pass.
PURPOSE OF THE BILL
The purpose of the bill is to grant the status of permanent residence
in the United States to Doctor Juan Bautista Lopez Ruiz. The bill
provides for the payment of the required visa fee and for an appro-
priate visa number deduction.
STATEMENT OF FACTS
The beneficiary of the bill is a 29-year-old native and citizen of
Nicaragua who is currently in the United States on a temporary visa.
He has established a priority date of August 6, 1974 on the Western
Hemisphere waiting list; however, visas are currently available only
to those whose priority dates are earlier than March 1, 1974. Dr. Lopez
has filed a declaration of intention to become a U.S. citizen but he
cannot obtain a license to practice medicine in Mississippi until he
becomes a permanent resident alien.
Dr. Lopez is a trained pediatrician who specializes in the field of
neonatology. His services are desperately needed at Hinds General
Hospital in Jackson, Mississippi. The staff of the hospital's nursery
has given notice that it will no longer perform its duties as a result
of increasing pressure of malpractice insurance claims and premiums.
The hospital faces the possibility of having to close its nursery if a
57-007
2
3
qualified physician such as Dr. Lopez is not found to assume responsi-
misunderstood his own residence standing vis-a-vis the requirement of
bility. Attempts to secure temporary services until Dr. Lopez is able
the State Board of Health that only aliens on a permanent resident
to obtain an immigrant visa have been unsuccessful. Absent enact-
visa can be issued a license to practice medicine in Mississippi. Dr.
ment of this legislation, this delay may be as great as six months.
Lopez believed that his declared intention to become a citizen and
The Committee is in receipt of numerous letters of recommenda-
seeking a permanent resident visa would satisfy any requirement for
tion in behalf of Dr. Lopez, examples of which follow:
licensing. When this problem was brought to the attention of Dr.
Lopez and the hospital by Dr. Morgan in his interview with Dr. Lopez,
WISE CARTER CHILD STEEN & CARAWAY,
the office of the American Consulate in Halifax, Nova Scotia, where
Jackson, Miss., July 8, 1976.
Dr. Lopez had made his application for a visa and expressed his in-
Attention: Dr. Frank J. Morgan, Jr.
tention of becoming a permanent resident, was contacted in order to
MISSISSIPPI STATE BOARD OF HEALTH,
establish the actual facts in the case. In response to telephone con-
State Board of Health Building,
versations with that office, a form response was received, a copy of
Jackson, Miss.
which is attached hereto. As is seen on said response, Dr. Lopez's pri-
DEAR DR. MORGAN Pursuant to our several telephone conversations
ority date is August 6, 1974 and, at present, priority dates on or before
and related conversations with the American Consulate Office in Hali-
January 15, 1974 are now being processed for a permanent resident
fax, Nova Scotia, we hereby request on behalf of Dr. Juan Lopez and
visa. There is obviously a gap of approximately 61/2 months between
Hinds General Hospital the issuance of a temporary license to practice
Dr. Lopez's priority date and the present processing date.
medicine in the State of Mississippi in the name of Juan Bautista
It is our understanding that once Dr. Lopez obtains his permanent
Lopez Ruiz.
resident visa that there will be no problem in obtaining his license
The special circumstances surrounding and necessitating this re-
to practice medicine in Mississippi. We are, therefore, formally re-
quest are as follows. In February of 1976 the staff pediatricians in-
questing that a temporary license be issued to Dr. Lopez to cover what
formed the administrator of Hinds General Hospital that as of
should be no more than approximately 61/2 months before he obtains
June 30, 1976 they would no longer perform their customary duties
his permanent resident visa and would thus qualify for his license
regarding the care for the newborns in the nursery at the hospital.
under what I understand to be your present regulations. This request
This announcement was the result of the increasing pressures from
is made because of the seriousness, immediacy and compelling nature
malpractice claims generally in the area of neonatalogy and the result-
of the present situation in an excellent health care facility that serves
ant significant increases in malpractice insurance premiums for cover-
a significant portion of Hinds County. Since July 1, 1976, the staff
age of this area of practice.
pediatricians at the hospital have continued to staff the nursery on an
Having been put on notice by the staff pediatricians, the hospital
interim basis. Said physicians have again placed the hospital admin-
administrator began a nationwide search for a fulltime neonatalogist
istrator on notice that this interim coverage could cease on any given
to provide the necessary coverage for the hospital nursery. It was en-
day. Efforts have been made to obtain doctors to staff the nursery on
visioned that said neonatalogist would become an employee of the hos-
an interim basis until Dr. Lopez could obtain his license but all to no
pital. Given the national scope of the crisis in this area, the hospital
avail. Obviously, once medical coverage of the nursery ceases, which
was fortunate to find a qualified doctor who was willing to accept its
could happen at any time, the nursery at Hinds General Hospital
offer of employment. This doctor was Juan Lopez, M.D. who at that
would have to be closed immediately with the result that the entire
time was practicing as a neonatalogist at the University of Pennsyl-
obstetrics service would be closed. Without doubt, if this eventuality
vania Hospital in Philadelphia, Pennsylvania being duly licensed to
took place, severe and lasting damage would be done to the community,
SO practice by the State of Pennsylvania. Dr. Lopez is a citizen of
the hospital and the medical profession in the community and state.
Nicaragua and at that time was in Philadelphia on an H-1 work visa.
This hospital serves the most rapid growth area in Hinds County
When the initial contact was made with Dr. Lopez by the hospital
and the resulting injury and inconvenience caused to residents of this
administrator in April of 1976, it was the understanding at that time
area would be difficult to ever overcome. Six staff obstetricians and ap-
that Dr. Lopez would be eligible for a permanent resident visa in ap-
proximately 35 to 40 skilled support personnel would be placed in an
proximately 4 or 5 months. Furthermore, since Mississippi has a recip-
extremely difficult position with the support personnel possibly hav-
rocal licensing agreement with Pennsylvania it was assumed, perhaps
ing to seek other employment. Additionally, once the nursery and ob-
erroneously after the fact, that licensing would be forthcoming in the
stetrical care service was closed, significant problems would be en-
State of Mississippi. On this basis an agreement was reached between
countered in returning them to an active status at a later time.
Hinds General Hospital and Dr. Lopez for Dr. Lopez to come to Mis-
Due to the necessitous circumstances in which we find ourselves,
sissippi and assume the medical control of the newborn nursery at the
your quickest attention possible to this request would be appreciated.
hospital as of July 1, 1976. Dr. Lopez came to Jackson. Mississippi at
We stand ready to be of immediate assistance in any way possible to
the end of June, 1976 and is presently here under an H-1 visa. When
aid you in dealing with this request.
Dr. Lopez interviewed with Dr. Frank Morgan on June 28. 1976 con-
Very truly yours,
WISE CARTER CHILD STEEN & CARAWAY,
cerning his Mississippi license, it became apparent that Dr. Lopez had
By GEORGE Q. EVANS.
S.R. 1070
S.R. 1070
4
5
CURRICULUM VITAE
recent changes in Mississippi statutes pertaining to graduates of for-
eign medical schools or physicians who are residents of foreign coun-
Name: Juan Bautista Lopez Ruiz.
Place of birth Chinandega, Nicaragua, Central America. May 19,
tries. Mr. Wilson asked me to review the pertinent statutes in order
to properly respond to your inquiry.
1947.
Possibly your concern grows out of some recent changes made by
Age: 28.
the 1976 Mississippi Legislature in the Nursing Practice Act. Section
Marital status Married.
73-15-19, Miss. Code Ann, 1972, was amended by the 1976 Legislature
Nationality: Nicaraguan.
to read in pertinent part as follows:
Medical school University Autonoma of Guadalajara, Guadalajara,
"(1) Qualifications of applicant-An applicant for a license to prac-
Mexico.
tice nursing as a registered nurse shall submit to this board written
Date of graduation June 1969.
evidence of qualifications, verified by oath, that said applicant: (a)
Degree: Medical doctor.
Is of good moral character; (b) Is a citizen of the United States or
Professional thesis: Congenital hypertorphic Pyloric Stenosis.
has legally declared the intention of becoming a citizen
Regina General Hospital, Regina, Saskatchewan, Canada. Revision
Previously, subsection (b) of this statute read as follows:
1959-69.
(b) Is a citizen of the United States or has legally declared the
Junior rotating interneship Regina General Hospital, Regina, Sas-
intention of becoming a citizen or has been legally resident in the
katchewan, Canada, June 1969-70.
United States for at least one year
Teaching: Instructor in the Department of Public Health, Univer-
The change made by deleting the language "or has been legally
sity Autonoma of Guadalajara, Guadalajara, Mexico, July 1970-71.
resident in the United States for at least one year", through made for
Residency in pediatrics: Winnipeg Children's Hospital, Winnipeg,
other reasons by the Legislature, has inadvertently, I am informed,
Manitoba, Canada, July 1971-73.
caused foreign nurses a problem in attempting to get licensed in Mis-
Neonatology fellowship: Milwaukee County General Hospital, Wis-
sippi if they are in the Country on a H-1 visa since, apparently, a
consin Medical College, Milwaukee, Wis., U.S.A., July 1973-74; The
Izaak Walton Killam Hospital for Children, Halifax, Nova Scotia,
declaration of a person's intention of becoming a citizen, which a
foreign nurse would have to make in order to meet the requirements
Canada, July 1974-75.
Exams: E.C.F.M.G.: 1970; L.M.C.C.: 1973; FLEX: 1974.
to become an applicant for a license to practice nursing, would, at the
American Board of Pediatrics: Certified September 1975, Royal
same time, violate a provision of an H-1 visa. It was in response to
this problem that the Attorney General's office of the State of Missis-
College of Physicians and Surgeons: Pediatrics fellowship, written
sippi was requested to and did in fact write an Attorney General's
part: September 1974.
opinion.
Articles: Intrauterine Impetigo due to group B beta hemolytic strep-
tococcus. Submitted for publication, Pediatrics Journal, March 1976.
I have not had an opportunity to see said opinion but was told by
Mr. Hugo Newcomb, Sr., the Assistant Attorney General who wrote
Interests: Teaching and clinical perinatology.
Present position: Neonatologist, Associate School of Medicine, Uni-
the opinion that said opinion basically advised the Mississippi Board
versity of Pennsylvania, Pennsylvania Hospital, Philadelphia, Pa.
of Nursing not to license any foreign nurses in the State on an H-1
Present Address: Pennsylvania Hospital, 8th & Spruce Streets,
visa because the requisite declaration of intention of becoming a citi-
zen would be in violation of their visa. Mr. Newcomb informed me in
Philadelphia, Pa., telephone number: Area code 609-829-3230. Home
telephone number: Area code 609-779-7563. Home address: 14A
a telephone conversation that this opinion was given out of necessity
Franklin Drive, Maple Shade, N.J.
because of the situation which had been inadvertently created and
J.B. LOPEZ RUIZ.
that that situation would probably be rectified by the next session
of the Legislature.
I have discussed this change in the Nursing Practice Act and the
WISE CARTER CHILD STEEN & CARAWAY,
companion Attorney General's opinion in some detail because I be-
Jackson, Miss., June 14, 1976.
lieve this is the change in Mississippi statutes about which you were
Re Juan Lopez, M.D., Hinds General Hospital, Jackson, Miss.
thinking when you were discussing Dr. Lopez's case with Mr. Wilson.
Mr. CHESTER Cook,
There have been absolutely no changes made in the Mississippi statutes
U.S. Department of Justice, Immigration and Naturalization Service,
relating to the licensing of physicians from foreign countries. Nor,
New Orleans, La.
according to Mr. Newcomb, who serves as the attorney for the Missis-
DEAR MR. Cook: Our firm serves as general counse] for Hinds Gen-
sippi Board of Nursing and the Mississippi Department of Health in
eral Hospital, and I am writing pursuant to several conferences I
the Attorney General's office, has there been any Attorney General's
have had with Mr. Bob Wilson, Administrator of said hospital.
opinion concerning physicians. Mr. Newcomb informed me that he
Mr. Wilson informs me that in the course of submitting a petition
has talked to a Mr. Richard in your office in New Orleans concerning
for an H-1 visa for Dr. Juan Lopez, who will become an employee
the Attorney General's opinion regarding the change in the Nursing
of Hinds General Hospital, that you raised some questions concerning
Practice Act and would be happy to discuss this with you if you would
like. His number is area code 601-354-7130.
S.R. 1070
S.R. 1070
6
I hope this letter will resolve any questions you may have concern-
fing changes in Mississippi law which might affect the visa of a for-
eign physician. As I am sure Mr. Wilson has told you, it is important
to Hinds General Hospital to do everything possible to remove any
problems involved with Dr. Lopez assuming his duties at the hospital
on July 1, 1976. If you have any questions or if I may be of any fur-
ther assistance, please feel free to call me. Thank you for your coop-
eration in this matter.
Very truly yours,
WISE CARTER CHILD STEEN & CARAWAY,
By GEORGE Q. EVANS.
HINDS GENERAL HOSPITAL,
Jackson, Miss., M ay 20, 1976.
Mr. CHESTER Cook,
U.S. Department of Justice, Immigration and Naturalization Service,
New Orleans, La.
DEAR MR. Cook: Enclosed is a petition for Dr. Juan Lopez who
currently has an H-1 Visa and is employed at Pennsylvania Hospital,
Philadelphia, Pennsylvania. Dr. Lopez requested citizenship by
naturalization in 1974. Also enclosed is his departure and arrival card
and other pertinent documents.
Dr. Lopez is a Neonatologist, a new subspecialty in Pediatrics and
one of the few in the United States. He is coming to Hinds General
Hospital as an employee to care for sick and well babies in our hospital
Nursery. He will be a hospital based physician. We have been notified
by our Pediatricians they will cease to provide medical care to babies
in the Nursery after June 30, 1976. It is, therefore, imperative that
Dr. Lopez arrive on or before that date.
Dr. Lopez has been informed by the immigration officials in Phila-
delphia he should ask for an extension through June 30, 1976, inas-
much as his visa expires June 10, 1976, and that failure to do SO would
cause him to have to leave the country before another visa could be
issued. Pursuant to our conversation, you disagreed with this and
stated we should send you the enclosed material. Also you stated Dr.
Lopez could move to Jackson anytime after June 10, 1976.
Since this move is important to us, and time is short, I shall call
you during the week of May 24 to determine if any other information
IS necessary to confirm that Dr. Lopez can move to Jackson on or after
June 10. He has made application for license in Mississippi and only
today received the application forms; there is no anticipated problem
in getting this license.
As an ex-hospital administrator, you can understand the position
we are in; and I appreciate every effort on your part to expedite this
petition.
My kindest regards,
Sincerely,
ROBERT G. WILSON,
Administrator.
The committee, after consideration of all the facts in the case, is of
the opinion that the bill (S. 3683) should be enacted.
S.R. 1070
S. 3683
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
For the relief of Doctor Juan Bautista Lopez Ruiz.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, for the pur-
poses of the Immigration and Nationality Act and section 21 (e) of the
Act of October 3, 1965, Doctor Juan Bautista Lopez Ruiz shall be
held and considered to have been lawfully admitted to the United
States for permanent residence as of the date of the enactment of
this Act upon payment of the required visa fee. Upon the granting
of permanent residence to such alien as provided for in this Act, the
Secretary of State shall instruct the proper officer to reduce by one
number, during the current fiscal year or the fiscal year next follow-
ing, the total number of immigrant visas which are made available
to special immigrants as defined in section 101 (a) (27) (A) of the
Immigration and Nationality Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.