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    "title": "1976/10/15 S3683 Relief of Juan Bautista Lopez Ruiz",
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    "ocrText": "The original documents are located in Box 64, folder \"10/15/76 S3683 Relief of Juan\nBautista Lopez Ruiz\" of the White House Records Office: Legislation Case Files at the\nGerald R. Ford Presidential Library\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nAPPROVED76\n& 10/15/76\nTHE WHITE HOUSE\nACTION\nWASHINGTON\nOctober 13, 1976\nLast Day: October 19\nMEMORANDUM FOR THE PRESIDENT\nPosted\nFROM:\nJIM CANNON HIDDuern\n10/15/76\nSUBJECT:\nS. 3682 - Relief of Dr. Oscar J. Briseno\nachives\nSponsor: Sen. Eastland\nS. 3683 - Relief of Dr. Juan Bautista Lopez Ruiz\n10/15/76\nSponsor: Sen. Eastland\nAttached for your consideration are two enrolled bills which\ngrant permanent residence to two alien physicians who entered\nthe U.S. on temporary visas for the furtherance of their\nmedical training.\nBoth of the beneficiaries have been recruited by hospitals\nin Mississippi, however, they are unable to practice there\nbecause State law requires physicians to be permanent\nresidents or U.S. citizens.\nAdditional information is provided in OMB's enrolled bill\nreport at Tab A.\nOMB, Max Friedersdorf, Counsel's Office (Kilberg), NSC and\nI recommend approval of the enrolled bill.\nRECOMMENDATION\nThat you sign S. 3682 at Tab B.\nThat you sign S. 3683 at Tab C.\nLIBRARY BERALD R. FORD\nDigitized from Box 64 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nOCT 11 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bills\n(1) S. 3682 - Relief of Dr. Oscar J. Briseno\nSponsor - Sen. Eastland (D) Mississippi\n(2)\nS. 3683 - Relief of Dr. Juan Bautista\nLopez Ruiz\nSponsor - Sen. Eastland (D) Mississippi\nLast Day for Action\nOctober 19, 1976 - Tuesday\nPurpose\nTo grant permanent residence to two alien physicians who\nentered the United States on temporary visas for the\nfurtherance of their medical training.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nImmigration and Naturalization\nService\nApproval\nDepartment of State\nNo objection\nDiscussion\nThe beneficiaries of these two enrolled bills are alien\nphysicians from Western Hemisphere countries who had been\nadmitted to the United States on temporary visas to allow\nthem to complete their advanced medical training in this\ncountry. Although on temporary visas, both physicians\nare practicing medicine in States which do not require per-\nmanent resident immigrant status or citizenship as a\ncondition to obtaining a license to practice medicine.\nBoth have been recruited by hospitals in Mississippi;\nhowever, they are unable to practice in Mississippi be-.\ncause Mississippi law requires that physicians practicing\nin that State be permanent residents or U.S. citizens.\n2\nThe medical services of both Drs. Briseno and Lopez are\ncritically needed by hospitals in Bay Springs and Jackson,\nMississippi, respectively, because of their particular\nmedical skills. Dr. Briseno, a citizen of Mexico, is a\nskilled physician and surgeon currently practicing medicine\nin Illinois; the Bay Springs, Mississippi hospital has\nhad to close its surgical unit because of its recent loss\nof the services of two physicians. Dr. Lopez, who is a\ncitizen of Nicaragua, is a specialist in the field of\nneonatology (newborn infants), currently practicing in a\nPennsylvania hospital; Hinds General Hospital in Jackson,\nMississippi faces having to close its nursery if a qualified\nphysician such as Dr. Lopez does not take a position.\nThe Immigration and Nationality Act does not permit Western\nHemisphere natives to adjust their immigration status\nwhile in the United States. Accordingly, both physicians\nwould have to return to their respective countries and wait\nseveral months for an immigrant visa; this would seriously\njeopardize the availability of certain medical services\nin the two Mississippi hospitals. The enrolled bills would\ngrant both physicians permanent resident immigrant status\nupon payment of the required visa fee. In addition, both\nenrolled bills direct the Department of State to make an\nappropriate reduction in the number of preference visas\navailable to the doctors' respective countries.\nAssistant James Director m. Trey for\nLegislative Reference\nEnclosures\nUNITED STATES DEPARTMENT OF JUSTICE\nIMMIGRATION AND NATURALIZATION SERVICE\nPLEASE ADDRESS REPLY TO\nWashington 25, D.C.\nOFFICE OF THE COMMISSIONER\nOCT 6 1976\nAND REFER TO THIS FILE NO.\nA21 155 820\nTO\n: OFFICE OF MANAGEMENT AND BUDGET\nSUBJECT: Enrolled Private Bill No.\nS. 3683\n; Office of Management\nand Budget request dated October 5, 1976.\nBeneficiary or Beneficiaries Doctor Juan Bautista Lopez Ruiz.\nPursuant to your request for the views of the Department of Justice on\nthe subject bill, a review has been made of the facsimile of the bill, the re-\nlating Congressional Committee report or reports, and all pertinent information\nin the files of the Immigration and Naturalization Service\nOn the basis of this review the Immigration and Naturalization Service,\non behalf of the Department of Justice:\nX\nRecommends approval of the bill\nInterposes no objection to approval of the bill\nSincerely,\nCommissioner\nCO Form 18\n(REV. 1-17-72)\nOCT 7 1976\nDear Mr. Lynn:\nReference is made to Mr. Frey's communication\nof October 5, 1976, transmitting for comment enrolled\nbills, S. 3682, \"For the relief of Doctor Oscar J.\nBriseno\", S. 3683, \"For the relief of Doctor Juan\nBautista Lopez Ruiz\", and S. 3556, \"For the relief of\nMarciano Santiago and his wife, Eleanor L. Santiago\".\nThis Department's files contain no information\nidentifiable with the above cited bills, and in\nthe absence of any derogatory information, this Depart-\nment has no objection to the enactment of these bills.\nSincerely yours,\nKempton B. Jenkins\nActing Assistant Secretary\nfor Congressional Relations\nThe Honorable\nJames T. Lynn,\nDirector,\nOffice of Management\nand Budget.\nVND BADCEL\nOLLICE OL НУИУСЕНЕЙТ\nJe OCT I bW 4:30\nBECEINED\nCalendar No. 1004\n94TH CONGRESS\nSENATE\nREPORT\nNo. 94-1070\nDR. JUAN BAUTISTA LOPEZ RUIZ\nAUGUST 4, 1976.-Ordered to be printed\nMr. EASTLAND, from the Committee on the Judiciary,\nsubmitted the following\nREPORT\n[To accompany S. 3683]\nThe Committee on the Judiciary, to which was referred the bill\n(S. 3683), for the relief of Doctor Juan Bautista Lopez Ruiz, having\nconsidered the same, reports favorably thereon without amendment\nand recommends that the bill do pass.\nPURPOSE OF THE BILL\nThe purpose of the bill is to grant the status of permanent residence\nin the United States to Doctor Juan Bautista Lopez Ruiz. The bill\nprovides for the payment of the required visa fee and for an appro-\npriate visa number deduction.\nSTATEMENT OF FACTS\nThe beneficiary of the bill is a 29-year-old native and citizen of\nNicaragua who is currently in the United States on a temporary visa.\nHe has established a priority date of August 6, 1974 on the Western\nHemisphere waiting list; however, visas are currently available only\nto those whose priority dates are earlier than March 1, 1974. Dr. Lopez\nhas filed a declaration of intention to become a U.S. citizen but he\ncannot obtain a license to practice medicine in Mississippi until he\nbecomes a permanent resident alien.\nDr. Lopez is a trained pediatrician who specializes in the field of\nneonatology. His services are desperately needed at Hinds General\nHospital in Jackson, Mississippi. The staff of the hospital's nursery\nhas given notice that it will no longer perform its duties as a result\nof increasing pressure of malpractice insurance claims and premiums.\nThe hospital faces the possibility of having to close its nursery if a\n57-007\n2\n3\nqualified physician such as Dr. Lopez is not found to assume responsi-\nmisunderstood his own residence standing vis-a-vis the requirement of\nbility. Attempts to secure temporary services until Dr. Lopez is able\nthe State Board of Health that only aliens on a permanent resident\nto obtain an immigrant visa have been unsuccessful. Absent enact-\nvisa can be issued a license to practice medicine in Mississippi. Dr.\nment of this legislation, this delay may be as great as six months.\nLopez believed that his declared intention to become a citizen and\nThe Committee is in receipt of numerous letters of recommenda-\nseeking a permanent resident visa would satisfy any requirement for\ntion in behalf of Dr. Lopez, examples of which follow:\nlicensing. When this problem was brought to the attention of Dr.\nLopez and the hospital by Dr. Morgan in his interview with Dr. Lopez,\nWISE CARTER CHILD STEEN & CARAWAY,\nthe office of the American Consulate in Halifax, Nova Scotia, where\nJackson, Miss., July 8, 1976.\nDr. Lopez had made his application for a visa and expressed his in-\nAttention: Dr. Frank J. Morgan, Jr.\ntention of becoming a permanent resident, was contacted in order to\nMISSISSIPPI STATE BOARD OF HEALTH,\nestablish the actual facts in the case. In response to telephone con-\nState Board of Health Building,\nversations with that office, a form response was received, a copy of\nJackson, Miss.\nwhich is attached hereto. As is seen on said response, Dr. Lopez's pri-\nDEAR DR. MORGAN Pursuant to our several telephone conversations\nority date is August 6, 1974 and, at present, priority dates on or before\nand related conversations with the American Consulate Office in Hali-\nJanuary 15, 1974 are now being processed for a permanent resident\nfax, Nova Scotia, we hereby request on behalf of Dr. Juan Lopez and\nvisa. There is obviously a gap of approximately 61/2 months between\nHinds General Hospital the issuance of a temporary license to practice\nDr. Lopez's priority date and the present processing date.\nmedicine in the State of Mississippi in the name of Juan Bautista\nIt is our understanding that once Dr. Lopez obtains his permanent\nLopez Ruiz.\nresident visa that there will be no problem in obtaining his license\nThe special circumstances surrounding and necessitating this re-\nto practice medicine in Mississippi. We are, therefore, formally re-\nquest are as follows. In February of 1976 the staff pediatricians in-\nquesting that a temporary license be issued to Dr. Lopez to cover what\nformed the administrator of Hinds General Hospital that as of\nshould be no more than approximately 61/2 months before he obtains\nJune 30, 1976 they would no longer perform their customary duties\nhis permanent resident visa and would thus qualify for his license\nregarding the care for the newborns in the nursery at the hospital.\nunder what I understand to be your present regulations. This request\nThis announcement was the result of the increasing pressures from\nis made because of the seriousness, immediacy and compelling nature\nmalpractice claims generally in the area of neonatalogy and the result-\nof the present situation in an excellent health care facility that serves\nant significant increases in malpractice insurance premiums for cover-\na significant portion of Hinds County. Since July 1, 1976, the staff\nage of this area of practice.\npediatricians at the hospital have continued to staff the nursery on an\nHaving been put on notice by the staff pediatricians, the hospital\ninterim basis. Said physicians have again placed the hospital admin-\nadministrator began a nationwide search for a fulltime neonatalogist\nistrator on notice that this interim coverage could cease on any given\nto provide the necessary coverage for the hospital nursery. It was en-\nday. Efforts have been made to obtain doctors to staff the nursery on\nvisioned that said neonatalogist would become an employee of the hos-\nan interim basis until Dr. Lopez could obtain his license but all to no\npital. Given the national scope of the crisis in this area, the hospital\navail. Obviously, once medical coverage of the nursery ceases, which\nwas fortunate to find a qualified doctor who was willing to accept its\ncould happen at any time, the nursery at Hinds General Hospital\noffer of employment. This doctor was Juan Lopez, M.D. who at that\nwould have to be closed immediately with the result that the entire\ntime was practicing as a neonatalogist at the University of Pennsyl-\nobstetrics service would be closed. Without doubt, if this eventuality\nvania Hospital in Philadelphia, Pennsylvania being duly licensed to\ntook place, severe and lasting damage would be done to the community,\nSO practice by the State of Pennsylvania. Dr. Lopez is a citizen of\nthe hospital and the medical profession in the community and state.\nNicaragua and at that time was in Philadelphia on an H-1 work visa.\nThis hospital serves the most rapid growth area in Hinds County\nWhen the initial contact was made with Dr. Lopez by the hospital\nand the resulting injury and inconvenience caused to residents of this\nadministrator in April of 1976, it was the understanding at that time\narea would be difficult to ever overcome. Six staff obstetricians and ap-\nthat Dr. Lopez would be eligible for a permanent resident visa in ap-\nproximately 35 to 40 skilled support personnel would be placed in an\nproximately 4 or 5 months. Furthermore, since Mississippi has a recip-\nextremely difficult position with the support personnel possibly hav-\nrocal licensing agreement with Pennsylvania it was assumed, perhaps\ning to seek other employment. Additionally, once the nursery and ob-\nerroneously after the fact, that licensing would be forthcoming in the\nstetrical care service was closed, significant problems would be en-\nState of Mississippi. On this basis an agreement was reached between\ncountered in returning them to an active status at a later time.\nHinds General Hospital and Dr. Lopez for Dr. Lopez to come to Mis-\nDue to the necessitous circumstances in which we find ourselves,\nsissippi and assume the medical control of the newborn nursery at the\nyour quickest attention possible to this request would be appreciated.\nhospital as of July 1, 1976. Dr. Lopez came to Jackson. Mississippi at\nWe stand ready to be of immediate assistance in any way possible to\nthe end of June, 1976 and is presently here under an H-1 visa. When\naid you in dealing with this request.\nDr. Lopez interviewed with Dr. Frank Morgan on June 28. 1976 con-\nVery truly yours,\nWISE CARTER CHILD STEEN & CARAWAY,\ncerning his Mississippi license, it became apparent that Dr. Lopez had\nBy GEORGE Q. EVANS.\nS.R. 1070\nS.R. 1070\n4\n5\nCURRICULUM VITAE\nrecent changes in Mississippi statutes pertaining to graduates of for-\neign medical schools or physicians who are residents of foreign coun-\nName: Juan Bautista Lopez Ruiz.\nPlace of birth Chinandega, Nicaragua, Central America. May 19,\ntries. Mr. Wilson asked me to review the pertinent statutes in order\nto properly respond to your inquiry.\n1947.\nPossibly your concern grows out of some recent changes made by\nAge: 28.\nthe 1976 Mississippi Legislature in the Nursing Practice Act. Section\nMarital status Married.\n73-15-19, Miss. Code Ann, 1972, was amended by the 1976 Legislature\nNationality: Nicaraguan.\nto read in pertinent part as follows:\nMedical school University Autonoma of Guadalajara, Guadalajara,\n\"(1) Qualifications of applicant-An applicant for a license to prac-\nMexico.\ntice nursing as a registered nurse shall submit to this board written\nDate of graduation June 1969.\nevidence of qualifications, verified by oath, that said applicant: (a)\nDegree: Medical doctor.\nIs of good moral character; (b) Is a citizen of the United States or\nProfessional thesis: Congenital hypertorphic Pyloric Stenosis.\nhas legally declared the intention of becoming a citizen\nRegina General Hospital, Regina, Saskatchewan, Canada. Revision\nPreviously, subsection (b) of this statute read as follows:\n1959-69.\n(b) Is a citizen of the United States or has legally declared the\nJunior rotating interneship Regina General Hospital, Regina, Sas-\nintention of becoming a citizen or has been legally resident in the\nkatchewan, Canada, June 1969-70.\nUnited States for at least one year\nTeaching: Instructor in the Department of Public Health, Univer-\nThe change made by deleting the language \"or has been legally\nsity Autonoma of Guadalajara, Guadalajara, Mexico, July 1970-71.\nresident in the United States for at least one year\", through made for\nResidency in pediatrics: Winnipeg Children's Hospital, Winnipeg,\nother reasons by the Legislature, has inadvertently, I am informed,\nManitoba, Canada, July 1971-73.\ncaused foreign nurses a problem in attempting to get licensed in Mis-\nNeonatology fellowship: Milwaukee County General Hospital, Wis-\nsippi if they are in the Country on a H-1 visa since, apparently, a\nconsin Medical College, Milwaukee, Wis., U.S.A., July 1973-74; The\nIzaak Walton Killam Hospital for Children, Halifax, Nova Scotia,\ndeclaration of a person's intention of becoming a citizen, which a\nforeign nurse would have to make in order to meet the requirements\nCanada, July 1974-75.\nExams: E.C.F.M.G.: 1970; L.M.C.C.: 1973; FLEX: 1974.\nto become an applicant for a license to practice nursing, would, at the\nAmerican Board of Pediatrics: Certified September 1975, Royal\nsame time, violate a provision of an H-1 visa. It was in response to\nthis problem that the Attorney General's office of the State of Missis-\nCollege of Physicians and Surgeons: Pediatrics fellowship, written\nsippi was requested to and did in fact write an Attorney General's\npart: September 1974.\nopinion.\nArticles: Intrauterine Impetigo due to group B beta hemolytic strep-\ntococcus. Submitted for publication, Pediatrics Journal, March 1976.\nI have not had an opportunity to see said opinion but was told by\nMr. Hugo Newcomb, Sr., the Assistant Attorney General who wrote\nInterests: Teaching and clinical perinatology.\nPresent position: Neonatologist, Associate School of Medicine, Uni-\nthe opinion that said opinion basically advised the Mississippi Board\nversity of Pennsylvania, Pennsylvania Hospital, Philadelphia, Pa.\nof Nursing not to license any foreign nurses in the State on an H-1\nPresent Address: Pennsylvania Hospital, 8th & Spruce Streets,\nvisa because the requisite declaration of intention of becoming a citi-\nzen would be in violation of their visa. Mr. Newcomb informed me in\nPhiladelphia, Pa., telephone number: Area code 609-829-3230. Home\ntelephone number: Area code 609-779-7563. Home address: 14A\na telephone conversation that this opinion was given out of necessity\nFranklin Drive, Maple Shade, N.J.\nbecause of the situation which had been inadvertently created and\nJ.B. LOPEZ RUIZ.\nthat that situation would probably be rectified by the next session\nof the Legislature.\nI have discussed this change in the Nursing Practice Act and the\nWISE CARTER CHILD STEEN & CARAWAY,\ncompanion Attorney General's opinion in some detail because I be-\nJackson, Miss., June 14, 1976.\nlieve this is the change in Mississippi statutes about which you were\nRe Juan Lopez, M.D., Hinds General Hospital, Jackson, Miss.\nthinking when you were discussing Dr. Lopez's case with Mr. Wilson.\nMr. CHESTER Cook,\nThere have been absolutely no changes made in the Mississippi statutes\nU.S. Department of Justice, Immigration and Naturalization Service,\nrelating to the licensing of physicians from foreign countries. Nor,\nNew Orleans, La.\naccording to Mr. Newcomb, who serves as the attorney for the Missis-\nDEAR MR. Cook: Our firm serves as general counse] for Hinds Gen-\nsippi Board of Nursing and the Mississippi Department of Health in\neral Hospital, and I am writing pursuant to several conferences I\nthe Attorney General's office, has there been any Attorney General's\nhave had with Mr. Bob Wilson, Administrator of said hospital.\nopinion concerning physicians. Mr. Newcomb informed me that he\nMr. Wilson informs me that in the course of submitting a petition\nhas talked to a Mr. Richard in your office in New Orleans concerning\nfor an H-1 visa for Dr. Juan Lopez, who will become an employee\nthe Attorney General's opinion regarding the change in the Nursing\nof Hinds General Hospital, that you raised some questions concerning\nPractice Act and would be happy to discuss this with you if you would\nlike. His number is area code 601-354-7130.\nS.R. 1070\nS.R. 1070\n6\nI hope this letter will resolve any questions you may have concern-\nfing changes in Mississippi law which might affect the visa of a for-\neign physician. As I am sure Mr. Wilson has told you, it is important\nto Hinds General Hospital to do everything possible to remove any\nproblems involved with Dr. Lopez assuming his duties at the hospital\non July 1, 1976. If you have any questions or if I may be of any fur-\nther assistance, please feel free to call me. Thank you for your coop-\neration in this matter.\nVery truly yours,\nWISE CARTER CHILD STEEN & CARAWAY,\nBy GEORGE Q. EVANS.\nHINDS GENERAL HOSPITAL,\nJackson, Miss., M ay 20, 1976.\nMr. CHESTER Cook,\nU.S. Department of Justice, Immigration and Naturalization Service,\nNew Orleans, La.\nDEAR MR. Cook: Enclosed is a petition for Dr. Juan Lopez who\ncurrently has an H-1 Visa and is employed at Pennsylvania Hospital,\nPhiladelphia, Pennsylvania. Dr. Lopez requested citizenship by\nnaturalization in 1974. Also enclosed is his departure and arrival card\nand other pertinent documents.\nDr. Lopez is a Neonatologist, a new subspecialty in Pediatrics and\none of the few in the United States. He is coming to Hinds General\nHospital as an employee to care for sick and well babies in our hospital\nNursery. He will be a hospital based physician. We have been notified\nby our Pediatricians they will cease to provide medical care to babies\nin the Nursery after June 30, 1976. It is, therefore, imperative that\nDr. Lopez arrive on or before that date.\nDr. Lopez has been informed by the immigration officials in Phila-\ndelphia he should ask for an extension through June 30, 1976, inas-\nmuch as his visa expires June 10, 1976, and that failure to do SO would\ncause him to have to leave the country before another visa could be\nissued. Pursuant to our conversation, you disagreed with this and\nstated we should send you the enclosed material. Also you stated Dr.\nLopez could move to Jackson anytime after June 10, 1976.\nSince this move is important to us, and time is short, I shall call\nyou during the week of May 24 to determine if any other information\nIS necessary to confirm that Dr. Lopez can move to Jackson on or after\nJune 10. He has made application for license in Mississippi and only\ntoday received the application forms; there is no anticipated problem\nin getting this license.\nAs an ex-hospital administrator, you can understand the position\nwe are in; and I appreciate every effort on your part to expedite this\npetition.\nMy kindest regards,\nSincerely,\nROBERT G. WILSON,\nAdministrator.\nThe committee, after consideration of all the facts in the case, is of\nthe opinion that the bill (S. 3683) should be enacted.\nS.R. 1070\nS. 3683\nAinety-fourth Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Monday, the nineteenth day of January,\none thousand nine hundred and seventy-six\nAn Act\nFor the relief of Doctor Juan Bautista Lopez Ruiz.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That, for the pur-\nposes of the Immigration and Nationality Act and section 21 (e) of the\nAct of October 3, 1965, Doctor Juan Bautista Lopez Ruiz shall be\nheld and considered to have been lawfully admitted to the United\nStates for permanent residence as of the date of the enactment of\nthis Act upon payment of the required visa fee. Upon the granting\nof permanent residence to such alien as provided for in this Act, the\nSecretary of State shall instruct the proper officer to reduce by one\nnumber, during the current fiscal year or the fiscal year next follow-\ning, the total number of immigrant visas which are made available\nto special immigrants as defined in section 101 (a) (27) (A) of the\nImmigration and Nationality Act.\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate."
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