[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Notices]
[Pages 20897-20899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09730]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Testing Services and Scores for Foreign Health Care Workers To 
Demonstrate English Language Proficiency

AGENCY: Health Resources and Services Administration (HRSA), Department 
of Health and Human Services (HHS).

ACTION: Request for comments; notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: HRSA announces a request for comments and notice of a public 
meeting to receive feedback on proposed updates to the list of testing 
services and scores for foreign health care workers to demonstrate 
English language proficiency pursuant to section 343 of the Illegal 
Immigration Reform

[[Page 20898]]

and Immigrant Responsibility Act of 1996 (IIRIRA).

DATES: 
     The public meeting will be held on May 28, 2019, 1:00 
p.m.-4:00 p.m. ET.
     Comments should be submitted by June 11, 2019, 11:59 p.m. 
ET.

ADDRESSES: The public may attend the public meeting via teleconference 
and in-person. The conference call-in number is (888) 455-4758; 
Participant Passcode is 3016308. The address for the public meeting is 
5600 Fishers Lane, Room 5N54, Rockville, Maryland 20857.
    Comments should be sent to [email protected] with the subject 
line: ``Testing Services and Scores for Foreign Health Care Workers''.

FOR FURTHER INFORMATION CONTACT: LCDR Charlie Darr, Office of Global 
Health, HRSA, 5600 Fishers Lane, Rockville, Maryland 20857; via email: 
OGHpublic[email protected]; or phone: (301) 443-2741.

SUPPLEMENTARY INFORMATION: 

I. Background

    The purpose of this request for comments and notice of public 
meeting is to elicit stakeholder feedback to HRSA regarding its 
proposed updates to the list of approved testing services and passing 
scores pursuant to section 343 of the IIRIRA and implementing 
regulations promulgated by the Department of Homeland Security (DHS). 
Specifically, HRSA is seeking comments regarding the current and 
proposed list of approved standardized tests and passing scores, 
required for certification of foreign health care workers seeking to 
demonstrate English language proficiency under section 343 of the 
IIRIRA and implementing regulations.
    Under the authority of section 343 of IIRIRA, Public Law 104-208 (8 
U.S.C. 1182(a)(5)(C)), as implemented by the Department of Homeland 
Security (DHS) at 8 CFR 212.15(g), standards for these English language 
requirements, as shown by an appropriate minimum score on one or more 
nationally recognized, commercially available, standardized assessments 
of the applicant's ability to speak and write, are set by the Secretary 
of HHS. Demonstration of English language proficiency is an element of 
the certification requirements for foreign health care workers seeking 
admission to the United States for the primary purpose of performing 
labor in a covered health care occupation. DHS implementing regulations 
authorize HHS to notify DHS of additions and deletions to the approved 
list of testing services and scores.
    HRSA, under authority delegated by HHS, reviews and evaluates 
studies and other supporting materials presented to evaluate English 
language proficiency tests and language scoring level for the health 
occupations described in 8 CFR 212.15. Accordingly, HRSA is seeking 
public comment on proposed additions and deletions to the list of 
testing services and passing scores, including comments that address 
studies, methodologies, and analysis of such tests and passing scores.

Below is a Description of the HRSA-Proposed Updates to the Tests Listed 
in the Regulation at 8 CFR 212.15

HRSA is not proposing changes to the current standardized tests and 
scores for the following tests listed in the DHS regulation:
     Paper-delivered version of the Electronic Testing Service 
(ETS), Test of English as a Foreign Language (TOEFL-Paper-delivered 
Test);
     Test of English in International Communication (TOEIC); 
and
     International English Language Testing System
HRSA is proposing to add the following standardized tests (with 
indicated passing scores) to the tests currently listed in the DHS 
regulation:
     Internet-based version of the ETS TOEFL Test

    The ETS TOEFL test, delivered via the internet, measures the test-
taker's ability to use and understand English by evaluating combined 
reading, listening, speaking, and writing skills. Each section of the 
test (Reading, Listening, Speaking, and Writing) has a maximum score of 
30 points, with a maximum total score of 120 points. The proposed 
overall passing score for occupational therapists and physical 
therapists is 89, including an aggregate minimum score of 63 on the 
Reading, Listening, and Writing sections, and a minimum score of 26 on 
the Speaking section. The proposed overall passing score for registered 
nurses and other foreign-educated health care workers whose occupations 
require attainment of a baccalaureate degree is 81, including an 
aggregate minimum score of 57 on the Reading, Listening, and Writing 
sections, and a minimum score of 24 on the Speaking section. The 
proposed overall passing score for occupations requiring less than a 
baccalaureate degree is 77, including an aggregate minimum score of 53 
on the Reading, Listening, and Writing sections, and a minimum score of 
24 on the Speaking section.

 TOEIC Speaking and Writing Tests

    ETS has eliminated the Test of Spoken English and the Test of 
Written English from its currently available offerings and added the 
TOEIC Speaking Test and Writing Tests. Both the TOEIC Speaking and 
Writing tests are scored on a scale of 0-200. HRSA proposes a passing 
score of 160 on the TOEIC Speaking Test and 150 on the TOEIC Writing 
Test for registered nurses and other health care occupations requiring 
attainment of a baccalaureate degree, in addition to passing scores on 
the TOEIC test measuring Listening and Reading comprehension (passing 
score of 725 remains unchanged from current IIRIRA regulations). For 
health care occupations requiring less than a baccalaureate degree, 
HRSA proposes a passing score of 160 on the TOEIC Speaking Test and 150 
on the TOEIC Writing Test; in addition to passing scores on the TOEIC 
test measuring Listening and Reading comprehension (passing score of 
700 remains unchanged from current IIRIRA regulations).

 Pearson Test of English Academic (PTE Academic)

    PTE Academic is a computer-based, internationally recognized, 
commercially available, standardized assessment of written and spoken 
English that measures the reading, writing, listening, and speaking 
abilities of test takers. The test includes an overall score (the 
Global Scale of English) that ranges from 10-90 and shows the overall 
English academic language ability of a test taker. Each test assesses 
an individual's communicative and enabling skills in sections 
(listening, reading, speaking, writing, grammar oral fluency, 
pronunciation, spelling, vocabulary, and written discourse) from a 
range of 10-90. HRSA proposes to add PTE Academic to the list of 
approved tests for registered nurses and other health care occupations 
requiring attainment of a baccalaureate degree, and for health care 
occupations requiring less than a baccalaureate degree. HRSA proposes a 
passing score of 55 with no individual communicative or enabling skills 
score below 50.

HRSA is proposing to delete the following standardized tests (which are 
no longer in use) from the tests currently listed in the DHS 
regulation:
     ETS: Test of Spoken English and Test of Written English--
Eliminated from the current available offerings by ETS.
     TOEFL Computer-based Test--Discontinued by ETS.

[[Page 20899]]

II. Format

    Request for Comment: Comments should be submitted to HRSA by June 
11, 2019, 11:59 p.m. ET. Email comments to [email protected] with 
the subject line: ``Testing Services and Scores for Foreign Health Care 
Workers''.
    Public Meeting: This meeting is open to the public. Attendance can 
be by teleconference or in person. To register for either the 
teleconference or in person attendance, please provide complete contact 
information for each attendee, including name, title, affiliation, 
address, email, telephone number, and indicate teleconference or in 
person attendance to OGHpublic [email protected] by 11:59 p.m. on 
Tuesday, May 14, 2019. Registration is free. Registrants will receive a 
registration confirmation once accepted via email.
    Requests for Oral Presentations: During registration, you may 
request to present at the public meeting, and specify which topic(s) 
you wish to address. Individuals and organizations with common 
interests are urged to consolidate or coordinate their presentations, 
and request time for a joint presentation. All requests to make oral 
presentations are due by the close of registration on Tuesday, May 14, 
2019.
    Individuals who plan to attend and need special assistance or 
another reasonable accommodation should notify LCDR Charlie Darr (see 
the For Further Information Contact section) at least 10 business days 
prior to the meeting. Since this meeting occurs in a federal government 
building, attendees must go through a security check to enter the 
building. Non-U.S. citizen attendees must notify HRSA of their planned 
attendance at least 20 business days prior to the meeting in order to 
facilitate their entry into the building. All attendees are required to 
present government-issued identification prior to entry.

    Dated: May 7, 2019.
George Sigounas,
Administrator.
[FR Doc. 2019-09730 Filed 5-10-19; 8:45 am]
 BILLING CODE 4165-15-P