S.B. No. 1062
                                        AN ACT
    1-1  relating to the continuation and operation of the Texas State Board
    1-2  of Medical Examiners and to the regulation of the practice of
    1-3  medicine, including the practice of acupuncture; creating an
    1-4  offense and providing penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subsection (a), Section 1.03, Medical Practice
    1-7  Act (Article 4495b, Vernon's Texas Civil Statutes), is amended by
    1-8  amending Subdivisions (5) and (6) and adding Subdivisions (15) and
    1-9  (16) to read as follows:
   1-10              (5)  "Health-care entity" means:
   1-11                    (A)  a hospital that is licensed pursuant to
   1-12  Chapter 241, Health and Safety Code or the Texas Mental Health Code
   1-13  (Articles 5547-88 through 5547-100, Vernon's Texas Civil Statutes);
   1-14                    (B)  an entity, including a health maintenance
   1-15  organization, group medical practice, nursing home, health science
   1-16  center, university medical school, or other health-care facility,
   1-17  that provides medical or health-care services and that follows a
   1-18  formal peer review process for the purposes of furthering quality
   1-19  medical or health care; <and>
   1-20                    (C)  a professional society or association, or
   1-21  committee thereof, of physicians that follows a formal peer review
   1-22  process for the purpose of furthering quality medical or health
   1-23  care; and
   1-24                    (D)  an organization established by a
    2-1  professional society or association of physicians or of hospitals,
    2-2  or both, that collects and verifies the authenticity of documents
    2-3  and other data concerning the qualifications, competence, or
    2-4  performance of licensed health care professionals and that acts as
    2-5  a health care facility's agent pursuant to the Health Care Quality
    2-6  Improvement Act of 1986, Title IV, Pub. L. 99-660 (42 U.S.C.
    2-7  Section 11101 et seq.).
    2-8              (6)  "Medical peer review committee" or "professional
    2-9  review body" means a committee of a health-care entity, the
   2-10  governing board of a health-care entity, or the medical staff of a
   2-11  health-care entity, provided the committee or medical staff
   2-12  operates pursuant to written bylaws that have been approved by the
   2-13  policy-making body or the governing board of the health-care entity
   2-14  and authorized to evaluate the quality of medical and health-care
   2-15  services or the competence of physicians, including those functions
   2-16  specified by Section 85.204, Health and Safety Code, and its
   2-17  subsequent amendments.  Such a committee includes the employees and
   2-18  agents of the committee, including assistants, investigators,
   2-19  intervenors, attorneys, and any other persons or organizations that
   2-20  serve the committee in any capacity.
   2-21              (15)  "Surgery" includes surgical services, surgical
   2-22  procedures, surgical operations, and the procedures described in
   2-23  the surgery section of the Common Procedure Coding System as
   2-24  adopted by the Health Care Financing Administration of the United
   2-25  States Department of Health and Human Services.
   2-26              (16)  "Operation" means the application of surgery or
   2-27  the performance of surgical services.
    3-1        SECTION 2.  Sections 2.02 and 2.03, Medical Practice Act
    3-2  (Article 4495b, Vernon's Texas Civil Statutes), are amended to read
    3-3  as follows:
    3-4        Sec. 2.02.  MEMBERS, TERMS.  The board is composed of 18 <15>
    3-5  members whose terms of office are six years or until a successor is
    3-6  appointed and qualified.  Terms of office shall be staggered so
    3-7  that six <five> terms expire biennially.
    3-8        Sec. 2.03.  Appointment to Board.  Members of the board shall
    3-9  be appointed by the governor and confirmed by the senate.  Any
   3-10  vacancy on the board shall be filled by appointment of the
   3-11  governor.  Any appointment made shall be without regard to race,
   3-12  color, disability <creed>, sex, religion, age, or national origin,
   3-13  except that a person younger than 18 years of age is not eligible
   3-14  for appointment.
   3-15        SECTION 3.  Section 2.04, Medical Practice Act (Article
   3-16  4495b, Vernon's Texas Civil Statutes), is amended to read as
   3-17  follows:
   3-18        Sec. 2.04.  Removal from Office.  (a)  It is a ground for
   3-19  removal from the board if a member:
   3-20              (1)  does not have at the time of appointment the
   3-21  qualifications required by Sections 2.05(a), (b), (c), (d), and (e)
   3-22  of this Act;
   3-23              (2)  does not maintain during service on the board the
   3-24  qualifications required by Sections 2.05(a), (b), (c), (d), and (e)
   3-25  of this Act;
   3-26              (3)  violates a prohibition established by Section
   3-27  2.05(f), (g), (h), (j), or (k) of this Act;
    4-1              (4)  cannot discharge the member's duties for a
    4-2  substantial part of the term for which the member is appointed
    4-3  because of illness or disability; or
    4-4              (5)  is absent from more than half of the regularly
    4-5  scheduled board meetings that the member is eligible to attend
    4-6  during a calendar year<, during a member's service on the board,
    4-7  the member fails to meet the qualifications set forth in this Act
    4-8  for members of the board.  The validity of an action of the board
    4-9  is not affected by the fact that it was taken when a ground for
   4-10  removal of a member of the board existed>.
   4-11        (b)  The validity of an action of the board is not affected
   4-12  by the fact that it is taken when a ground for removal of a board
   4-13  member exists <Each member of the board shall be present for at
   4-14  least one-half of the regularly scheduled board meetings held each
   4-15  year.  Failure of a board member to meet this requirement is
   4-16  grounds for removal of the member from the board and the removal
   4-17  creates a vacancy on the board>.
   4-18        (c)  If the executive director has knowledge that a potential
   4-19  ground for removal exists, the executive director shall notify the
   4-20  president of the board of the ground.  The president shall then
   4-21  notify the governor that a potential ground for removal exists.
   4-22        SECTION 4.  Section 2.05, Medical Practice Act (Article
   4-23  4495b, Vernon's Texas Civil Statutes), is amended by amending
   4-24  Subsections (b), (c), (d), (g), (h), and (i) and adding Subsections
   4-25  (j), (k), and (l) to read as follows:
   4-26        (b)  Nine members of the board must:
   4-27              (1)  be learned and eminent physicians licensed to
    5-1  practice medicine within this state for at least three years prior
    5-2  to appointment and be graduates of a reputable medical school or
    5-3  college with a degree of doctor of medicine (M.D.); <and>
    5-4              (2)  have been actively engaged in the practice of
    5-5  medicine for at least five years immediately preceding their
    5-6  appointment; and
    5-7              (3)  have been actively engaged in organized peer
    5-8  review at a health care entity for at least three years immediately
    5-9  preceding their appointment.
   5-10        (c)  Three members of the board must:
   5-11              (1)  be learned and eminent physicians licensed to
   5-12  practice medicine within this state for at least three years prior
   5-13  to appointment and be graduates of a reputable medical school or
   5-14  college with a degree of doctor of osteopathic medicine (D.O.);
   5-15  <and>
   5-16              (2)  have been actively engaged in the practice of
   5-17  medicine for at least five years immediately preceding their
   5-18  appointment; and
   5-19              (3)  have been actively engaged in organized peer
   5-20  review at a health care entity for at least three years immediately
   5-21  preceding their appointment.
   5-22        (d)  Six <Three> members of the board must be public
   5-23  representatives who are not licensed to practice medicine, who are
   5-24  not financially involved in any organization subject to the
   5-25  regulation of the board, and who are not providers of health care.
   5-26  "Provider of health care" means:
   5-27              (1)  an individual who is a direct provider of health
    6-1  care (including but not limited to a dentist, registered nurse,
    6-2  licensed vocational nurse, chiropractor, podiatrist, physician
    6-3  assistant, psychologist, athletic trainer, physical therapist,
    6-4  social psychotherapist, pharmacist, optometrist, hospital
    6-5  administrator, or nursing home administrator) in that the
    6-6  individual's primary current activity is the provision of health
    6-7  care to individuals or the administration of facilities or
    6-8  institutions (including but not limited to hospitals, long-term
    6-9  care facilities, out-patient facilities, and health maintenance
   6-10  organizations) in which such care is provided and, when required by
   6-11  law or otherwise, the individual has received professional or other
   6-12  training in the provision of such care or in such administration
   6-13  and is licensed or certified or holds himself out for such
   6-14  provision or administration;
   6-15              (2)  one who is an indirect provider of health care in
   6-16  that the individual holds a fiduciary position with or has a
   6-17  fiduciary interest in an entity described below in this
   6-18  subdivision; for purposes of this subdivision, a fiduciary position
   6-19  or interest as applied to any entity means a position or interest
   6-20  with respect to such entity affected with the character of a trust,
   6-21  including members of boards of directors and officers, majority
   6-22  shareholders, or agents, and receivers (either directly or through
   6-23  their spouses) of more than one-tenth of their annual income from
   6-24  any one or combination of fees or other compensation for research
   6-25  into or instruction in the provision of health-care entities (or
   6-26  associations or organizations composed of such entities) engaged
   6-27  (or comprised of individuals who are engaged) in the provision of
    7-1  health care or in the provision of health care and entities (or
    7-2  associations or organizations composed of such entities engaged in
    7-3  producing drugs or other such articles);
    7-4              (3)  one who is a member of the immediate family of an
    7-5  individual described in this subsection; for purposes of this
    7-6  subsection "immediate family" as applied to any individual includes
    7-7  only his parents, spouse, children, brothers, and sisters who
    7-8  reside in the same household;
    7-9              (4)  one who is engaged in or employed by an entity
   7-10  issuing any policy or contract of individual or group health
   7-11  insurance or hospital or medical service benefits; or
   7-12              (5)  one who is employed by, on the board of directors
   7-13  of, or holds elective office by or under the authority of any unit
   7-14  of federal, state, or local government or any organization that
   7-15  receives a significant part of its funding from any such unit of
   7-16  federal, state, or local government.
   7-17        (g)  An officer, employee, or paid consultant of a Texas
   7-18  trade or professional association in the field of health care may
   7-19  not be a member or employee of the board who is exempt from the
   7-20  state's position classification plan or is compensated at or above
   7-21  the amount prescribed by the General Appropriations Act for step 1,
   7-22  salary group 17, of the position classification salary schedule.
   7-23        (h)  A person who is the spouse of an officer, manager, or
   7-24  paid consultant of a Texas trade or professional association in the
   7-25  field of health care may not be a board member and may not be a
   7-26  board employee who is exempt from the state's position
   7-27  classification plan or is compensated at or above the amount
    8-1  prescribed by the General Appropriations Act for step 1, salary
    8-2  group 17, of the position classification salary schedule.
    8-3        (i)  For the purposes of this section, a "Texas trade or
    8-4  professional association" is a nonprofit, cooperative, and
    8-5  voluntarily joined association of business or professional
    8-6  competitors in this state designed to assist its members and its
    8-7  industry or profession in dealing with mutual business or
    8-8  professional problems and in promoting their common interest.
    8-9        (j)  A person may not serve as a member of the board if the
   8-10  person is required to register as a lobbyist under Chapter 305,
   8-11  Government Code, and its subsequent amendments, because of the
   8-12  person's activities for compensation on behalf of a profession
   8-13  related to the operation of the board  <A person required to
   8-14  register as a lobbyist under Chapter 305, Government Code, by
   8-15  virtue of his activities on behalf of a trade or professional
   8-16  association in the regulated profession may not act as a member of
   8-17  the board>.
   8-18        (k) <(h)>  A person is ineligible for appointment to the
   8-19  board if, at the time of appointment, the person is a stockholder,
   8-20  paid full-time faculty member, or a member of the board of trustees
   8-21  of a medical school.
   8-22        (l) <(i)>  All board members must take the official oath.
   8-23        SECTION 5.  Subsection (a), Section 2.07, Medical Practice
   8-24  Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to
   8-25  read as follows:
   8-26        (a)  Not later than December after each regular session of
   8-27  the legislature <At the first meeting of the board after each
    9-1  biennial appointment>, the governor shall appoint from the members
    9-2  of the board a president and the board shall elect from its members
    9-3  a <president,> vice-president, secretary-treasurer, and other
    9-4  officers as are required, in the opinion of the board, to carry out
    9-5  its duties.
    9-6        SECTION 6.  Subchapter B, Medical Practice Act (Article
    9-7  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
    9-8  2.081 to read as follows:
    9-9        Sec. 2.081.  TRAINING AND GUIDELINES FOR MEMBERS OF THE
   9-10  BOARD.  (a)  The board shall establish a training program for the
   9-11  members of the board.
   9-12        (b)  Before a member of the board may assume the member's
   9-13  duties and before the member may be confirmed by the senate, the
   9-14  member must complete at least one course of the training program
   9-15  established under this section.
   9-16        (c)  A training program established under this section shall
   9-17  provide information to a participant regarding:
   9-18              (1)  the enabling legislation that created the board to
   9-19  which the member is appointed;
   9-20              (2)  the programs operated by the agency;
   9-21              (3)  the role and functions of the agency;
   9-22              (4)  the rules of the agency with an emphasis on the
   9-23  rules that relate to disciplinary and investigatory authority;
   9-24              (5)  the current budget for the agency;
   9-25              (6)  the results of the most recent formal audit of the
   9-26  agency;
   9-27              (7)  the requirements of the:
   10-1                    (A)  open meetings law, Chapter 271, Acts of the
   10-2  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   10-3  Texas Civil Statutes), and its subsequent amendments;
   10-4                    (B)  open records law, Chapter 424, Acts of the
   10-5  63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
   10-6  Texas Civil Statutes), and its subsequent amendments; and
   10-7                    (C)  Administrative Procedure and Texas Register
   10-8  Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
   10-9  subsequent amendments;
  10-10              (8)  the requirements of the conflict of interest laws
  10-11  and other laws relating to public officials; and
  10-12              (9)  any applicable ethics policies adopted by that
  10-13  state agency or the Texas Ethics Commission.
  10-14        (d)  In developing the training requirements provided for in
  10-15  this section, the board shall consult with the governor's office,
  10-16  the attorney general's office, and the Texas Ethics Commission.
  10-17        (e)  In the event that another state agency or entity is
  10-18  given the authority to establish the training requirements, the
  10-19  board shall allow that training in lieu of developing its own
  10-20  program.
  10-21        SECTION 7.  Section 2.09, Medical Practice Act (Article
  10-22  4495b, Vernon's Texas Civil Statutes), is amended by amending
  10-23  Subsections (b), (c), (g), (k), (s), and (u) and adding Subsections
  10-24  (b-1), (x), (y), (z), and (aa) to read as follows:
  10-25        (b)  The board shall develop and implement policies that
  10-26  clearly define the respective responsibilities of the board and the
  10-27  staff of the board.  The board shall appoint an executive director
   11-1  who shall be its chief executive and administrative officer, who
   11-2  shall be charged with the primary responsibility of administering,
   11-3  enforcing, and carrying out the provisions of the Medical Practice
   11-4  Act under the control and supervision and at the direction of the
   11-5  board.  The executive director shall hold such position at the
   11-6  pleasure of board and may be discharged at any time.  The board may
   11-7  act under its rules through the executive director, an executive
   11-8  committee, or other committee, unless otherwise specified in this
   11-9  Act.  The executive committee shall be the president,
  11-10  vice-president, and secretary-treasurer except where otherwise
  11-11  provided in this Act<.  Any duty of the secretary-treasurer in this
  11-12  Act may be performed by the executive director within the
  11-13  discretion of the board.  Any reference to secretary-treasurer
  11-14  shall have the same meaning as executive director when so
  11-15  designated by the board>.
  11-16        (b-1)  The executive director may employ a chief operating
  11-17  officer who shall be primarily responsible for administering,
  11-18  implementing, and monitoring systems and necessary measures to
  11-19  promote quality and efficiency of ongoing board operations and
  11-20  other duties as may be assigned by the executive director.  If the
  11-21  board appoints an executive director who is not a physician
  11-22  licensed to practice in this state, the executive director shall
  11-23  appoint a medical director who is a physician licensed to practice
  11-24  in this state and who shall be primarily responsible for
  11-25  implementing and maintaining policies, systems, and measures
  11-26  regarding clinical and professional issues and determinations.  The
  11-27  chief operating officer or medical director shall act under the
   12-1  control and supervision and at the direction of the executive
   12-2  director.
   12-3        (c)  The board may make rules and establish fees as are
   12-4  reasonable relating to the granting and extension of expiration
   12-5  dates of temporary licenses and the placing of licensees on
   12-6  inactive status.  The board shall by rule set time limits on the
   12-7  periods for which licensees may hold temporary licenses or maintain
   12-8  inactive status.
   12-9        (g)  A person may not serve as a member of the board or act
  12-10  as the general counsel to the board if the person is required to
  12-11  register as a lobbyist under Chapter 305, Government Code, and its
  12-12  subsequent amendments, because of the person's activities for
  12-13  compensation on behalf of a profession related to the operation of
  12-14  the board <who is required personally to register as a lobbyist
  12-15  under Chapter 305, Government Code, representing physicians,
  12-16  health-care entities, or health-care related professions, may not
  12-17  be employed by the board in any capacity>.
  12-18        (k)  The board <shall establish> by rule shall establish
  12-19  reasonable and necessary fees so that the fees, in the aggregate,
  12-20  produce sufficient revenue to cover the cost of administering this
  12-21  Act.  The fees set by the board may be adjusted so that the total
  12-22  fees collected shall be sufficient to meet the expenses of
  12-23  administering this Act.  The board may not set a fee for an amount
  12-24  less than the amount of that fee on September 1, 1993 <a reasonable
  12-25  charge for those fees not specifically determined but authorized by
  12-26  this Act>.  The board may not waive collection of any fee or
  12-27  penalty.  The board shall place all fees received under authority
   13-1  of this Act, not otherwise specified, into the medical licensing
   13-2  fund.  The board is authorized and shall by annual budget determine
   13-3  the manner of handling the funds and the purpose, consistent with
   13-4  this Act, for which the same may be used.  The budgeted expenses
   13-5  authorized by the board shall not be a charge upon the general
   13-6  revenue of the state nor paid from the general revenue.
   13-7        (s)(1)  The board shall prepare information of public
   13-8  <consumer> interest describing the functions of the board and the
   13-9  board's procedures by which complaints are filed with and resolved
  13-10  by the board.  The board shall make the information available to
  13-11  the public and appropriate state agencies.
  13-12              (2)  The board by rule shall establish methods by which
  13-13  the public and licensees of the board are notified of the name,
  13-14  mailing address, and telephone number of the board for the purpose
  13-15  of directing complaints to the board.  The board may provide for
  13-16  that notification:
  13-17                    (A)  on each registration form, application, or
  13-18  written contract for services of an individual or entity regulated
  13-19  under this Act;
  13-20                    (B)  on a sign prominently displayed in the place
  13-21  of business of each individual or entity regulated under this Act;
  13-22  or
  13-23                    (C)  in a bill for services provided by an
  13-24  individual or entity regulated under this Act.
  13-25              (3)  The board shall list along with its regular
  13-26  telephone number the toll-free telephone number that may be called
  13-27  to present a complaint about a health professional if the toll-free
   14-1  number is established under other state law <regulatory functions
   14-2  of the board and describing the board's procedures by which
   14-3  consumer complaints are filed with and resolved by the board>.  On
   14-4  written request the board shall make information available to the
   14-5  general public for a reasonable fee to cover expenses and
   14-6  appropriate state agencies including a summary of any previous
   14-7  disciplinary orders by the board against a specific physician
   14-8  licensed in this state, the date of the order, and the current
   14-9  status of the order.  The board shall establish an eight-hour
  14-10  toll-free telephone number to make the information immediately
  14-11  available to any caller if the board is not required to establish a
  14-12  toll-free telephone number under other state law.
  14-13        (u)  The executive director or the executive director's
  14-14  designee shall develop an intra-agency career ladder program.  The
  14-15  program shall require intra-agency posting of all non-entry-level
  14-16  positions concurrently with any public posting <board shall cause
  14-17  to be developed an intraagency career ladder program, one part of
  14-18  which shall be the intraagency posting of each job opening with the
  14-19  board in a nonentry-level position.  The intraagency posting shall
  14-20  be made at least 10 days before any public posting>.
  14-21        (x)  Each board member shall comply with the board member
  14-22  training requirements established by any other state agency that is
  14-23  given authority to establish the requirements for the board.
  14-24        (y)  The board shall provide to its members and employees, as
  14-25  often as necessary, information regarding their qualifications for
  14-26  office or employment under this Act and their responsibilities
  14-27  under applicable laws relating to standards of conduct for state
   15-1  officers or employees.
   15-2        (z)  The board shall develop and implement policies that
   15-3  provide the public with a reasonable opportunity to appear before
   15-4  the board and to speak on any issue under the jurisdiction of the
   15-5  board.
   15-6        (aa)  The board shall prepare and maintain a written plan
   15-7  that describes how a person who does not speak English can be
   15-8  provided reasonable access to the board's programs.  The board
   15-9  shall also comply with federal and state laws for program and
  15-10  facility accessibility.
  15-11        SECTION 8.  Subchapter B, Medical Practice Act (Article
  15-12  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
  15-13  2.10 to read as follows:
  15-14        Sec. 2.10.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The executive
  15-15  director or the executive director's designee shall prepare and
  15-16  maintain a written policy statement to assure implementation of a
  15-17  program of equal employment opportunity under which all personnel
  15-18  decisions are made without regard to race, color, disability, sex,
  15-19  religion, age, or national origin.  The policy statement must
  15-20  include:
  15-21              (1)  personnel policies, including policies relating to
  15-22  recruitment, evaluation, selection, appointment, training, and
  15-23  promotion of personnel, that are in compliance with requirements of
  15-24  the Commission on Human Rights Act (Article 5221k, Vernon's Texas
  15-25  Civil Statutes) and its subsequent amendments;
  15-26              (2)  a comprehensive analysis of the board's work force
  15-27  that meets federal and state guidelines;
   16-1              (3)  procedures by which a determination can be made of
   16-2  significant underuse in the board's work force of all persons for
   16-3  whom federal or state guidelines encourage a more equitable
   16-4  balance; and
   16-5              (4)  reasonable methods to appropriately address those
   16-6  areas of significant underuse.
   16-7        (b)  A policy statement prepared under Subsection (a) of this
   16-8  section must cover an annual period, be updated annually and
   16-9  reviewed by the Commission on Human Rights for compliance with
  16-10  requirements of the Commission on Human Rights Act (Article 5221k,
  16-11  Vernon's Texas Civil Statutes) and its subsequent amendments, and
  16-12  be filed with the governor's office.
  16-13        (c)  The governor's office shall deliver a biennial report to
  16-14  the legislature based on the information received under Subsection
  16-15  (b) of this section.  The report may be made separately or as a
  16-16  part of other biennial reports made to the legislature.
  16-17        SECTION 9.  Subsections (a), (c), (f), (h), and (i), Section
  16-18  3.01, Medical Practice Act (Article 4495b, Vernon's Texas Civil
  16-19  Statutes), are amended to read as follows:
  16-20        (a)  All persons now lawfully qualified to practice medicine
  16-21  in this state, or who are hereafter licensed for the practice of
  16-22  medicine by the board, shall be registered as practitioners with
  16-23  the board on or before the first day of January and thereafter
  16-24  shall register in like manner annually, on or before the first day
  16-25  of January of each succeeding year.  Each person so registered with
  16-26  the board shall pay, in connection with each annual registration
  16-27  and for the receipt hereinafter provided for, a fee established by
   17-1  the board which fee shall accompany the application of each person
   17-2  for registration.  The payment shall be made to the board.  Every
   17-3  person so registered shall file with the board a written
   17-4  application for annual registration, setting forth his name and
   17-5  mailing address, the place or places where the applicant is engaged
   17-6  in the practice of medicine, and other necessary information
   17-7  prescribed by the board.  If the person is licensed for the
   17-8  practice of medicine by another state, the District of Columbia, a
   17-9  territory of the United States, Canada, any other country, or the
  17-10  uniformed services of the United States, the application must
  17-11  include a description of any investigations the person knows are in
  17-12  progress and of any sanctions imposed by or disciplinary matters
  17-13  pending in the state, district, territory, country, or service.
  17-14        (c)(1)  A person may renew an unexpired license by paying to
  17-15  the board on or before the expiration date of the license the
  17-16  required renewal fee.
  17-17              (2)  If a person's license has been expired for 90 days
  17-18  or less, the person may renew the license by paying to the board
  17-19  the required renewal fee and a fee that is one-half of the
  17-20  examination fee for the license.
  17-21              (3)  If a person's license has been expired for longer
  17-22  than 90 days but less than one year, the person may renew the
  17-23  license by paying to the board all unpaid renewal fees and a fee
  17-24  that is equal to the examination fee for the license.
  17-25              (4)  If a person's license has been expired for one
  17-26  year, it is considered to have been canceled, and the person may
  17-27  not renew the license.  The person may obtain a new license by
   18-1  submitting to reexamination and complying with the requirements and
   18-2  procedures for obtaining an original license.
   18-3              (5)  The board may renew without examination an expired
   18-4  license of a person who was licensed in this state, moved to
   18-5  another state, and is currently licensed and has been in practice
   18-6  in the other state for not more than two years preceding
   18-7  application.  The person must pay to the board a fee that is equal
   18-8  to the examination fee for the license.  <Failure of any licensee
   18-9  to pay the annual license renewal fee on or before the 90th day
  18-10  after the date it is due automatically cancels his licensure.  Any
  18-11  licensee whose license has been canceled because of failure to pay
  18-12  the annual license renewal fee may secure reinstatement of his
  18-13  license at any time within that license year upon payment of the
  18-14  delinquent fee together with a penalty in an amount as the board
  18-15  may determine to be reasonable.  After expiration of the license
  18-16  year for which the license fee was not paid, no license shall be
  18-17  reinstated except upon application and satisfaction of other
  18-18  conditions as the board may establish and payment of delinquent
  18-19  fees and a penalty to be assessed by the board.>
  18-20        (f)  <In performing its duties as provided in this Act, the
  18-21  board may act through the secretary-treasurer of the board.  The
  18-22  secretary-treasurer is entitled to a salary to be fixed by the
  18-23  legislature in its General Appropriations Act for the performance
  18-24  of duties under this Act.>  The executive director
  18-25  <secretary-treasurer> of the board shall file a surety bond with
  18-26  the board.  The bond shall be in an amount not less than $10,000,
  18-27  be in compliance with the insurance laws of the state, and be
   19-1  payable to the state for the use of the state if the executive
   19-2  director <secretary-treasurer> does not faithfully discharge the
   19-3  duties of the office.  The board shall pay the premium on the bond.
   19-4  <The salary shall be paid out of said medical registration fund and
   19-5  shall not be in any way a charge upon the general revenue of the
   19-6  state.>
   19-7        (h)  The <secretary-treasurer or the> executive director
   19-8  shall review each application for licensure by examination or
   19-9  reciprocity and shall recommend to the board all applicants
  19-10  eligible for licensure.  The <secretary-treasurer or the> executive
  19-11  director also shall report to the board the names of all applicants
  19-12  determined to be ineligible for licensure, together with the
  19-13  reasons for each recommendation.  An applicant deemed ineligible
  19-14  for licensure by the <secretary-treasurer or the> executive
  19-15  director may request review of such recommendation by a committee
  19-16  of the board within 20 days of receipt of such notice, and the
  19-17  <secretary-treasurer or the> executive director may refer any
  19-18  application to said committee for a recommendation concerning
  19-19  eligibility.  If the committee finds the applicant ineligible for
  19-20  licensure, such recommendation, together with the reasons therefor,
  19-21  shall be submitted to the board unless the applicant requests a <an
  19-22  appellate> hearing <before a hearing examiner appointed by the
  19-23  board> within 20 days of receipt of notice of the committee's
  19-24  determination.  The hearing shall be before an administrative law
  19-25  judge of the State Office of Administrative Hearings and shall
  19-26  comply with the Administrative Procedure Act and its subsequent
  19-27  amendments and the rules of the State Office of Administrative
   20-1  Hearings and the board.  The committee may refer any application
   20-2  for determination of eligibility to the full board.  The board
   20-3  shall, after receiving the administrative law judge's proposed
   20-4  findings of fact and conclusions of law, determine the eligibility
   20-5  of the applicant for licensure <an appellate hearing on its own
   20-6  motion.  The board may elect to hear any appeal in lieu of
   20-7  proceedings before a hearing examiner, and it shall adopt, modify,
   20-8  or reject each decision made by a hearing examiner.  The board also
   20-9  shall adopt, modify, or reject each recommendation of ineligibility
  20-10  made by the secretary-treasurer or the executive director or by the
  20-11  committee, unless the applicant has requested a timely review of
  20-12  the recommendation.  Such action by the board shall constitute a
  20-13  final administrative decision concerning licensure.  Any hearing
  20-14  before the board or before a hearing examiner under this subsection
  20-15  becomes a contested case under the Administrative Procedure Act>.
  20-16  A physician whose application for licensure is denied by the board
  20-17  shall receive a written statement<, upon request,> containing the
  20-18  reasons for the board's action.  All reports received or gathered
  20-19  by the board on each applicant are confidential and are not subject
  20-20  to disclosure under the Open Records Law.  The board may disclose
  20-21  such reports to appropriate licensing authorities in other states
  20-22  <upon request>.
  20-23        (i)  At least 30 days before the expiration of a person's
  20-24  license, the board shall send written notice of the impending
  20-25  license expiration to the person at the licensee's last known
  20-26  address according to the records of the board  <The board must
  20-27  notify each delinquent licensee of his impending license
   21-1  cancellation by registered or certified mail sent to the licensee's
   21-2  address listed with the board not less than 30 days prior to the
   21-3  cancellation.  This requirement shall be waived when the licensee
   21-4  has requested in writing that his or her license be canceled>.
   21-5        SECTION 10.  Subchapter C, Medical Practice Act (Article
   21-6  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
   21-7  3.025 to read as follows:
   21-8        Sec. 3.025.  CONTINUING MEDICAL EDUCATION.  (a)  The board by
   21-9  rule shall adopt, monitor, and enforce a reporting program for
  21-10  continuing medical education of licensees.  The board shall adopt
  21-11  and administer rules:
  21-12              (1)  requiring the number of hours of continuing
  21-13  medical education the board determines appropriate as a
  21-14  prerequisite to the annual registration of a licensee under this
  21-15  Act;
  21-16              (2)  requiring at least one-half of the hours of
  21-17  continuing medical education required under Subdivision (1) of this
  21-18  subsection to be approved by the board after taking into account
  21-19  the standards of the American Medical Association for its
  21-20  Physician's Recognition Award, the Council on Medical Specialty
  21-21  Societies, or the American Osteopathic Association and permitting
  21-22  the remaining hours to be composed of self-study or equivalent
  21-23  self-directed continuing medical education according to guidelines
  21-24  determined by the board; and
  21-25              (3)  adopting a process to assess a licensee's
  21-26  participation in continuing medical education courses.
  21-27        (b)  A licensee shall be presumed to have complied with this
   22-1  section if in the preceding 36 months the licensee becomes board
   22-2  certified or recertified in a medical specialty and the medical
   22-3  specialty program takes into consideration the standards of the
   22-4  American Board of Medical Specialties, the American Medical
   22-5  Association, the Advisory Board for Osteopathic Specialists and
   22-6  Boards of Certification, or the American Osteopathic Association.
   22-7        (c)  The board may temporarily exempt a licensee from the
   22-8  requirement for continuing medical education for:
   22-9              (1)  catastrophic illness;
  22-10              (2)  military service of longer than one year's
  22-11  duration outside the state;
  22-12              (3)  medical practice and residence of longer than one
  22-13  year's duration outside the United States; or
  22-14              (4)  good cause shown on written application of the
  22-15  licensee that gives satisfactory evidence to the board that the
  22-16  licensee is unable to comply with the requirement for continuing
  22-17  medical education.
  22-18        (d)  A temporary exemption under Subsection (c) of this
  22-19  section may not exceed one year but may be renewed annually.
  22-20        (e)  Subsection (a) of this section does not apply to a
  22-21  licensee who is retired and has been exempted by rule from paying
  22-22  the annual registration fee.
  22-23        (f)  This section does not prevent the board from taking
  22-24  disciplinary action with respect to a licensee or an applicant for
  22-25  a license by requiring additional hours of continuing medical
  22-26  education or of specific course subjects.
  22-27        SECTION 11.  Section 3.03, Medical Practice Act (Article
   23-1  4495b, Vernon's Texas Civil Statutes), is amended by amending
   23-2  Subsections (a) through (f) and adding Subsection (h) to read as
   23-3  follows:
   23-4        (a)  The board, at its sole discretion and upon payment by an
   23-5  applicant of a fee prescribed by the board under this Act, may
   23-6  grant a license to practice medicine to any <reputable> physician
   23-7  who is a graduate of an acceptable <a reputable> medical college as
   23-8  determined by the board and who<:>
   23-9              <(1)>  is a licensee of another state or Canadian
  23-10  province having requirements for physician registration and
  23-11  practice substantially equivalent to those established by the laws
  23-12  of this state<; or>
  23-13              <(2)  is qualified by an examination for a certificate
  23-14  to practice medicine under a commission in the uniformed services
  23-15  of the United States>.
  23-16        (b)  An application for a license under this section must be
  23-17  in writing and upon a form prescribed by the board.  The
  23-18  application must be accompanied by:
  23-19              (1)  a diploma or photograph of a diploma awarded to
  23-20  the applicant by an acceptable <a reputable> medical college and a
  23-21  certified transcript showing courses and grades <or a certificate,
  23-22  license, or commission issued to the applicant by the Medical Corps
  23-23  of the uniformed services of the United States>;
  23-24              (2)  a license or a certified copy of a license to
  23-25  practice medicine lawfully issued to the applicant<, on
  23-26  examination,> by some other state or a Canadian province that
  23-27  requires in its examination the same general degree of fitness
   24-1  required by this state and that grants the same reciprocal
   24-2  privileges to persons licensed by the board; <or>
   24-3              (3)  a certification made by <an executive officer of
   24-4  the uniformed services of the United States,> the president or
   24-5  secretary of the board that issued the license<,> or a duly
   24-6  constituted registration office of the state or Canadian province
   24-7  that issued the certificate or license, reciting that the
   24-8  accompanying certificate or license has not been canceled,
   24-9  suspended, or revoked <except by honorable discharge from the
  24-10  Medical Corps of the uniformed services of the United States> and
  24-11  reciting that the statement of the qualifications made in the
  24-12  application for medical license in Texas is true and correct; and
  24-13              (4)  evidence of a passing grade on an examination
  24-14  required by the board.
  24-15        (c)  Applicants for a license under this section must
  24-16  subscribe to an oath in writing before an officer authorized by law
  24-17  to administer oaths.  The written oath must be a part of the
  24-18  application.  The application must:
  24-19              (1)  state that:
  24-20                    (A) <(1)>  the license, certificate, or authority
  24-21  under which the applicant has most recently practiced medicine in
  24-22  the state or Canadian province from which the applicant is
  24-23  transferring to this state <removed> or in the uniformed service in
  24-24  which the applicant served is <was at the time of the removal or
  24-25  completion of service> in full force and not restricted, canceled,
  24-26  suspended, or revoked;
  24-27                    (B) <(2)>  the applicant is the identical person
   25-1  to whom the certificate or<,> license<, or commission> and the
   25-2  diploma were issued;
   25-3                    (C) <(3)>  no proceeding has been instituted
   25-4  against the applicant for the restriction, cancellation,
   25-5  suspension, or revocation of the certificate, license, or authority
   25-6  to practice medicine in the state, Canadian province, or uniformed
   25-7  service of the United States in which it was issued; and
   25-8                    (D) <(4)>  no prosecution is pending against the
   25-9  applicant in any state, federal, or Canadian court for any offense
  25-10  that under the laws of this state is a felony;
  25-11              (2)  include a description of any sanctions imposed by
  25-12  or disciplinary matters pending in the state or Canadian province
  25-13  in which the applicant was or is licensed or certified to practice
  25-14  medicine; and
  25-15              (3)  include evidence of postgraduate training required
  25-16  by the board.
  25-17        (d)  An applicant for a license under this section must <A
  25-18  "reputable physician" means one who would> be eligible for
  25-19  examination by the board.  <A "reputable medical school or college"
  25-20  means a medical school or college that was approved by the board at
  25-21  the time the applicant's degree was conferred.>
  25-22        (e)  In addition to other licensure requirements, the board
  25-23  may require by rule and regulation that an applicant who is a
  25-24  licensee of another state or Canadian province and who is a
  25-25  graduate <graduates> of a medical school <schools> located outside
  25-26  of the United States and Canada, or the school itself <schools
  25-27  themselves>, provide additional information to the board concerning
   26-1  the medical school attended prior to approval of the applicant.
   26-2        (f)  The board may refuse to issue a license to an applicant
   26-3  who is a licensee of another state or Canadian province and who
   26-4  graduated from a medical school outside of the United States and
   26-5  Canada if it finds that the applicant does not possess the
   26-6  requisite qualifications to provide the same standard of medical
   26-7  care as provided by a licensed physician in this state.
   26-8        (h)  The board may not refuse to issue a license to an
   26-9  applicant under Subsection (f) of this section if the applicant:
  26-10              (1)  for the preceding five years has been a licensee
  26-11  of another state or a Canadian province;
  26-12              (2)  is not the subject of a sanction imposed by or
  26-13  disciplinary matter pending in any state or Canadian province in
  26-14  which the applicant is licensed to practice medicine; and
  26-15              (3)  is either specialty board certified by a board
  26-16  that is a member of the American Board of Medical Specialties or a
  26-17  specialty board approved by the American Osteopathic Association or
  26-18  successfully passes an examination that the board shall determine
  26-19  by rule.
  26-20        SECTION 12.  Subchapter C, Medical Practice Act (Article
  26-21  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
  26-22  3.0305 to read as follows:
  26-23        Sec. 3.0305.  TEMPORARY LICENSE FOR OUT-OF-STATE
  26-24  PRACTITIONERS.  (a)  On application, the board shall grant a
  26-25  temporary license to practice medicine.  An applicant for a
  26-26  temporary license under this section must:
  26-27              (1)  have a current, active, and unrestricted license,
   27-1  without any pending disciplinary matters, as a physician in another
   27-2  state, the District of Columbia, or a territory of the United
   27-3  States that has licensing requirements that are substantially
   27-4  equivalent to the requirements of this Act;
   27-5              (2)  have passed a national or other examination
   27-6  recognized by the board relating to the practice of medicine; and
   27-7              (3)  be sponsored by a person licensed by the board
   27-8  under this Act with whom the temporary license holder may practice
   27-9  under this section.
  27-10        (b)  An applicant for a temporary license may be excused from
  27-11  the requirement of Subsection (a)(3) of this section if the board
  27-12  determines that compliance with that subsection constitutes a
  27-13  hardship to the applicant.
  27-14        (c)  A temporary license is valid until the date the board
  27-15  approves or denies the temporary license holder's application for a
  27-16  license.  The board shall issue a license under this Act to the
  27-17  holder of a temporary license under this section if:
  27-18              (1)  the temporary license holder passes the
  27-19  examination required by Section 3.05 of this Act;
  27-20              (2)  the board verifies that the temporary license
  27-21  holder has satisfied the academic and experience requirements for a
  27-22  license under this Act; and
  27-23              (3)  the temporary license holder has satisfied any
  27-24  other license requirements under this Act.
  27-25        (d)  The board must assemble the documents and information
  27-26  necessary to process a temporary license holder's application for a
  27-27  license not later than the 90th day after the date the temporary
   28-1  license is issued and complete the processing of the application
   28-2  not later than the 90th day after the date the documents and
   28-3  information are assembled.  If by the 180th day after the date the
   28-4  temporary license is issued the board has not completed the
   28-5  processing of the application, the board shall review the
   28-6  application to determine the cause of the delay.
   28-7        SECTION 13.  Section 3.04, Medical Practice Act (Article
   28-8  4495b, Vernon's Texas Civil Statutes), is amended to read as
   28-9  follows:
  28-10        Sec. 3.04.  Qualification of Licensee.  (a)  An applicant, to
  28-11  be eligible for the examination and issuance of a license, must
  28-12  present satisfactory proof to the board that the applicant:
  28-13              (1)  is at least 21 years of age;
  28-14              (2)  is of good professional character;
  28-15              (3)  has completed 60 semester hours of college courses
  28-16  other than in medical school, which courses would be acceptable, at
  28-17  the time of completion, to The University of Texas for credit on a
  28-18  bachelor of arts degree or a bachelor of science degree; and
  28-19              (4)  is a graduate of an acceptable <a> medical school
  28-20  or college that was approved by the board at the time the degree
  28-21  was conferred<;> and has completed a one-year program of graduate
  28-22  medical training approved by the board.
  28-23        (b)  The <(5)  has successfully completed a one year program
  28-24  of graduate medical training approved by the board.  In addition to
  28-25  other licensure requirements, the board may require by rule and
  28-26  regulation that graduates of medical schools located outside the
  28-27  United States and Canada comply with other requirements that the
   29-1  board considers appropriate, including but not limited to
   29-2  additional graduate medical training in the United States, except
   29-3  those who qualify for licensure in Section 5.04 of this Act.
   29-4  However, the> applicant shall be eligible for examination prior to
   29-5  complying with the graduate training requirement of Subsection
   29-6  (a)(4) <Subdivision (5) of Subsection (a)> of this section but
   29-7  shall not be eligible for the issuance of an unrestricted license
   29-8  until the requirements of Subsection (a) of this section <this
   29-9  subsection> have been satisfied.
  29-10        (c) <(b)>  Applications for examination must be made in
  29-11  writing, verified by affidavit, filed with the board on forms
  29-12  prescribed by the board, and accompanied by documents and a fee as
  29-13  the board determines to be reasonable.
  29-14        (d)  To be recognized by the board for the purposes of this
  29-15  subchapter, all allopathic or osteopathic medical education
  29-16  instruction taught in the United States must be accredited by an
  29-17  accrediting body officially recognized by the United States
  29-18  Department of Education and the Council on Postsecondary
  29-19  Accreditation as the accrediting body for medical education leading
  29-20  to the doctor of medicine degree or the doctor of osteopathy degree
  29-21  in the United States.
  29-22        (e)  The requirements for eligibility for licensure of a
  29-23  graduate of an unapproved foreign medical school are set out in
  29-24  Section 5.035 of this Act, and the requirements for eligibility for
  29-25  licensure of a person who has completed all of the didactic work of
  29-26  a foreign medical school but has not graduated from the school
  29-27  (Fifth Pathway Program) are set out in Section 5.04 of this Act.
   30-1        SECTION 14.  Subsections (a), (c), and (e), Section 3.05,
   30-2  Medical Practice Act (Article 4495b, Vernon's Texas Civil
   30-3  Statutes), are amended to read as follows:
   30-4        (a)  All examinations for license to practice medicine shall
   30-5  be conducted in writing in the English language and in a manner as
   30-6  to be entirely fair and impartial to all individuals and to every
   30-7  school or system of medicine.  <All applicants shall be known to
   30-8  the examiners only by numbers, without names or other method of
   30-9  identification on examination papers by which members of the board
  30-10  may be able to identify the applicants or examinees, until after
  30-11  the general averages of the examinees' numbers in the class have
  30-12  been determined and license granted or refused.>  Examinations
  30-13  shall be conducted on and cover those subjects generally taught by
  30-14  medical schools, a knowledge of which is commonly and generally
  30-15  required of candidates for the degree of doctor of medicine or
  30-16  doctor of osteopathy conferred by schools or colleges of medicine
  30-17  approved by the board, and the examinations shall also be conducted
  30-18  on and cover the subject of medical jurisprudence.  Examinations
  30-19  shall be prepared by a national testing service or prepared by the
  30-20  board and validated by qualified independent testing professionals.
  30-21  On satisfactory examination conducted as required by this Act under
  30-22  rules of the board, applicants may <shall> be granted licenses to
  30-23  practice medicine.  All questions and answers, with the grades
  30-24  attached, shall be preserved for one year in the executive office
  30-25  of the board or such other repository as the board by rule may
  30-26  direct.  All applicants examined at the same time shall be given
  30-27  identical questions.  All certificates shall be attested by the
   31-1  seal of the board.  The board in its discretion may give the
   31-2  examination for license in two or more parts.
   31-3        (c)  All applicants for license to practice medicine in this
   31-4  state not otherwise licensed under the provisions of law must
   31-5  successfully pass a uniform <an> examination approved by the board
   31-6  as determined by rule.  The board is authorized to adopt and
   31-7  enforce all rules of procedure not inconsistent with statutory
   31-8  requirements.  All applicants shall be given due notice of the date
   31-9  and place of the examination<; provided that the partial
  31-10  examinations provided for in this Act shall not be disturbed by
  31-11  this section>.  If any applicant, because of failure to pass the
  31-12  required examination, is refused a license, the applicant, at a
  31-13  time as the board may fix, shall be permitted to take a subsequent
  31-14  examination not more than two additional times <upon any subjects
  31-15  required in the original examination> as the board may prescribe on
  31-16  the payment of a fee as the board may determine to be reasonable.
  31-17  In the event satisfactory grades shall be made on the subjects
  31-18  prescribed and taken on the reexamination, the board may grant the
  31-19  applicant a license to practice medicine.  The board shall
  31-20  determine the credit to be given examinees on answers turned in on
  31-21  the subjects of complete and partial examination, and its decision
  31-22  is final.
  31-23        (e)  Within 90 <30> days after the day on which an
  31-24  examination is administered under this Act, the board shall notify
  31-25  each examinee of the results of the examination.  However, if an
  31-26  examination is graded or reviewed by a national testing service,
  31-27  the board shall notify each examinee of the results of the
   32-1  examination not later than the 30th day <within four weeks> after
   32-2  the date the board receives the results from the testing service.
   32-3  If the notice of the examination results will be delayed for longer
   32-4  than 90 days after the examination, the board shall notify the
   32-5  examinee of the reason for the delay before the 90th day.
   32-6        SECTION 15.  Subdivision (5), Subsection (d), Section 3.06,
   32-7  Medical Practice Act (Article 4495b, Vernon's Texas Civil
   32-8  Statutes), is amended by adding Paragraph (G) to read as follows:
   32-9                    (G)  An advertisement for a site serving a
  32-10  medically underserved population shall include the name and
  32-11  business address of the supervising physician for the site.
  32-12        SECTION 16.  Section 3.06, Medical Practice Act (Article
  32-13  4495b, Vernon's Texas Civil Statutes), is amended by adding
  32-14  Subsections (g) and (h) to read as follows:
  32-15        (g)  This Act does not prohibit a nonprofit clinic that is
  32-16  operated by a nonprofit hospital or organization and that primarily
  32-17  serves a financially indigent population from:
  32-18              (1)  contracting with a physician to provide services
  32-19  at the clinic;
  32-20              (2)  paying a physician a minimum guarantee to assure
  32-21  the physician's availability;
  32-22              (3)  billing to and collecting from patients as the
  32-23  physician's agent the physician's professional fees; or
  32-24              (4)  retaining any professional fees collected under
  32-25  Subdivision (3) of this subsection up to the amount of the minimum
  32-26  guarantee fee and a reasonable collection fee.
  32-27        (h)  In Subsection (g) of this section, "financially indigent
   33-1  population" means persons meeting Medicaid eligibility requirements
   33-2  or uninsured persons who are accepted for care with no obligation
   33-3  to pay or with a discounted obligation to pay for services rendered
   33-4  based on the clinic's eligibility system.
   33-5        SECTION 17.  Section 3.08, Medical Practice Act (Article
   33-6  4495b, Vernon's Texas Civil Statutes), is amended to read as
   33-7  follows:
   33-8        Sec. 3.08.  Grounds for Refusal to Admit Persons to
   33-9  Examination and to Issue License and Renewal License And For
  33-10  Disciplinary Action.  The board may refuse to admit persons to its
  33-11  examinations and to issue a license to practice medicine to any
  33-12  person and may take disciplinary action against any person for any
  33-13  of the following reasons:
  33-14              (1)  submission of a false or misleading statement,
  33-15  document, or certificate to the board in an application for
  33-16  examination or licensure; the presentation to the board of any
  33-17  license, certificate, or diploma that was illegally or fraudulently
  33-18  obtained; the practice of fraud or deception in taking or passing
  33-19  an examination;
  33-20              (2)  conviction of a crime of the grade of a felony or
  33-21  a crime of a lesser degree that involves moral turpitude;
  33-22              (3)  intemperate use of alcohol or drugs that, in the
  33-23  opinion of the board, could endanger the lives of patients;
  33-24              (4)  unprofessional or dishonorable conduct that is
  33-25  likely to deceive or defraud the public or injure the public.
  33-26  Unprofessional or dishonorable conduct likely to deceive or defraud
  33-27  the public includes but is not limited to the following acts:
   34-1                    (A)  committing any act that is in violation of
   34-2  the laws of the State of Texas if the act is connected with the
   34-3  physician's practice of medicine.  A complaint, indictment, or
   34-4  conviction of a law violation is not necessary for the enforcement
   34-5  of this provision.  Proof of the commission of the act while in the
   34-6  practice of medicine or under the guise of the practice of medicine
   34-7  is sufficient for action by the board under this section;
   34-8                    (B)  failing to keep complete and accurate
   34-9  records of purchases and disposals of drugs listed in Chapter 481,
  34-10  Health and Safety Code, or of controlled substances scheduled in
  34-11  the Federal Comprehensive Drug Abuse Prevention and Control Act of
  34-12  1970, 21 U.S.C.A.  Section 801 et seq. (Public Law 91-513).  A
  34-13  physician shall keep records of his purchases and disposals of
  34-14  these drugs to include without limitation the date of purchase, the
  34-15  sale or disposal of the drugs by the physician, the name and
  34-16  address of the person receiving the drugs, and the reason for the
  34-17  disposing or dispensing of the drugs to the person.  A failure to
  34-18  keep the records for a reasonable time is grounds for revoking,
  34-19  canceling, suspending, or probating the license of any practitioner
  34-20  of medicine.  The board or its representative may enter and inspect
  34-21  a physician's place(s) of practice during reasonable business hours
  34-22  for the purpose of verifying the correctness of these records and
  34-23  of taking inventory of the prescription drugs on hand;
  34-24                    (C)  writing prescriptions for or dispensing to a
  34-25  person known to be an abuser <a habitual user> of narcotic drugs,
  34-26  controlled substances, or dangerous drugs or to a person who the
  34-27  physician should have known was an abuser <a habitual user> of the
   35-1  narcotic drugs, controlled substances, or dangerous drugs.  This
   35-2  provision does not apply to those persons:
   35-3                          (i)  being treated by the physician for
   35-4  their narcotic use after the physician notifies the board in
   35-5  writing of the name and address of the person being so treated; or
   35-6                          (ii)  who the physician is treating for
   35-7  intractable pain under the Intractable Pain Treatment Act (Article
   35-8  4495c, Revised Statutes) and its subsequent amendments;
   35-9                    (D)  writing false or fictitious prescriptions
  35-10  for dangerous drugs as defined by Chapter 483, Health and Safety
  35-11  Code, of controlled substances scheduled in the Texas Controlled
  35-12  Substances Act (Chapter 481, Health and Safety Code) <(Article
  35-13  4476-15, Vernon's Texas Civil Statutes)>, or of controlled
  35-14  substances scheduled in the Federal Comprehensive Drug Abuse
  35-15  Prevention and Control Act of 1970, 21 U.S.C.A.  Section 801 et
  35-16  seq. (Public Law 91-513);
  35-17                    (E)  prescribing or administering a drug or
  35-18  treatment that is nontherapeutic in nature or nontherapeutic in the
  35-19  manner the drug or treatment is administered or prescribed;
  35-20                    (F)  prescribing, administering, or dispensing in
  35-21  a manner not consistent with public health and welfare dangerous
  35-22  drugs as defined by Chapter 483, Health and Safety Code, controlled
  35-23  substances scheduled in the Texas Controlled Substances Act
  35-24  (Chapter 481, Health and Safety Code) <(Article 4476-15, Vernon's
  35-25  Texas Civil Statutes)>, or controlled substances scheduled in the
  35-26  Federal Comprehensive Drug Abuse Prevention and Control Act of
  35-27  1970, 21 U.S.C.A. Section 801 et seq. (Public Law 91-513);
   36-1                    (G)  persistently or <and> flagrantly
   36-2  overcharging or overtreating patients;
   36-3                    (H)  failing to supervise adequately the
   36-4  activities of those acting under the supervision of the physician;
   36-5  or
   36-6                    (I)  delegating professional medical
   36-7  responsibility or acts to a person if the delegating physician
   36-8  knows or has reason to know that the person is not qualified by
   36-9  training, experience, or licensure to perform the responsibility or
  36-10  acts;
  36-11              (5)  violation or attempted violation, direct or
  36-12  indirect, of any valid rules issued under this Act, either as a
  36-13  principal, accessory, or accomplice;
  36-14              (6)  use of any advertising statement that is false,
  36-15  misleading, or deceptive;
  36-16              (7)  advertising professional superiority or the
  36-17  performance of professional service in a superior manner if the
  36-18  advertising is not readily subject to verification;
  36-19              (8)  purchase, sale, barter, or use or any offer to
  36-20  purchase, sell, barter, or use any medical degree, license,
  36-21  certificate, diploma, or transcript of license, certificate, or
  36-22  diploma in or incident to an application to the board for a license
  36-23  to practice medicine;
  36-24              (9)  altering, with fraudulent intent, any medical
  36-25  license, certificate, diploma, or transcript of a medical license,
  36-26  certificate, or diploma;
  36-27              (10)  using any medical license, certificate, diploma,
   37-1  or transcript of a medical license, certificate, or diploma that
   37-2  has been fraudulently purchased, issued, or counterfeited or that
   37-3  has been materially altered;
   37-4              (11)  impersonating or acting as proxy for another in
   37-5  any examination required by this Act for a medical license; or
   37-6  engaging in conduct which subverts or attempts to subvert any
   37-7  examination process required by this Act for a medical license.
   37-8  Conduct which subverts or attempts to subvert the medical licensing
   37-9  examination process includes, but is not limited to:
  37-10                    (A)  conduct which violates the security of the
  37-11  examination materials, as prescribed by board rules;
  37-12                    (B)  conduct which violates the standard of test
  37-13  administration, as prescribed by board rules; or
  37-14                    (C)  conduct which violates the accreditation
  37-15  process, as prescribed by board rules;
  37-16              (12)  impersonating a licensed practitioner or
  37-17  permitting or allowing another to use his license or certificate to
  37-18  practice medicine in this state for the purpose of diagnosing,
  37-19  treating, or offering to treat sick, injured, or afflicted human
  37-20  beings;
  37-21              (13)  employing, directly or indirectly, any person
  37-22  whose license to practice medicine has been suspended, canceled, or
  37-23  revoked or association in the practice of medicine with any person
  37-24  or persons whose license to practice medicine has been suspended,
  37-25  canceled, or revoked or any person who has been convicted of the
  37-26  unlawful practice of medicine in Texas or elsewhere;
  37-27              (14)  performing or procuring a criminal abortion or
   38-1  aiding or abetting in the procuring of a criminal abortion or
   38-2  attempting to perform or procure a criminal abortion or attempting
   38-3  to aid or abet the performance or procurement of a criminal
   38-4  abortion;
   38-5              (15)  aiding or abetting, directly or indirectly, the
   38-6  practice of medicine by any person, partnership, association, or
   38-7  corporation not duly licensed to practice medicine by the board;
   38-8              (16)  inability to practice medicine with reasonable
   38-9  skill and safety to patients by reason of illness, drunkenness,
  38-10  excessive use of drugs, narcotics, chemicals, or any other type of
  38-11  material or as a result of any mental or physical condition.  In
  38-12  enforcing this subdivision the board shall, upon probable cause,
  38-13  request a physician to submit to a mental or physical examination
  38-14  by physicians designated by the board.  If the physician refuses to
  38-15  submit to the examination, the board shall issue an order requiring
  38-16  the physician to show cause why he should not be required to submit
  38-17  to the examination and shall schedule a hearing on the order within
  38-18  30 days after notice is served on the physician.  The physician
  38-19  shall be notified by either personal service or certified mail with
  38-20  return receipt requested.  At the hearing, the physician and his
  38-21  attorney are entitled to present any testimony and other evidence
  38-22  to show why the physician should not be required to submit to the
  38-23  examination.  After a complete hearing, the board shall issue an
  38-24  order either requiring the physician to submit to the examination
  38-25  or withdrawing the request for examination.  An appeal from the
  38-26  decision of the board shall be taken under the Administrative
  38-27  Procedure Act;
   39-1              (17)  judgment by a court of competent jurisdiction
   39-2  that a person licensed to practice medicine is of unsound mind;
   39-3              (18)  professional failure to practice medicine in an
   39-4  acceptable manner consistent with public health and welfare;
   39-5              (19)  being removed, suspended, or having disciplinary
   39-6  action taken by his peers in any professional medical association
   39-7  or society, whether the association or society is local, regional,
   39-8  state, or national in scope, or being disciplined by a licensed
   39-9  hospital or medical staff of a hospital, including removal,
  39-10  suspension, limitation of hospital privileges, or other
  39-11  disciplinary action, if that action in the opinion of the board was
  39-12  based on unprofessional conduct or professional incompetence that
  39-13  was likely to harm the public, provided that the board finds that
  39-14  the actions were appropriate and reasonably supported by evidence
  39-15  submitted to it.  The action does not constitute state action on
  39-16  the part of the association, society, or hospital medical staff;
  39-17              (20)  repeated or recurring meritorious health-care
  39-18  liability claims that in the opinion of the board evidence
  39-19  professional incompetence likely to injure the public; or
  39-20              (21)  suspension, revocation, <or> restriction, or
  39-21  other disciplinary action by another state of a license to practice
  39-22  medicine, or disciplinary action by the uniformed services of the
  39-23  United States, based upon acts by the licensee similar to acts
  39-24  described in this section.  A certified copy of the record of the
  39-25  state taking the action is conclusive evidence of it.
  39-26        SECTION 18.  Subchapter C, Medical Practice Act (Article
  39-27  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
   40-1  3.085 to read as follows:
   40-2        Sec. 3.085.  RESTRICTIONS ON BIDDING AND ADVERTISING.
   40-3  (a)  The board may not adopt rules restricting competitive bidding
   40-4  or advertising by a person regulated by the board except to
   40-5  prohibit false, misleading, or deceptive practices by the person.
   40-6        (b)  The board may not include in its rules to prohibit
   40-7  false, misleading, or deceptive practices by a person regulated by
   40-8  the board a rule that:
   40-9              (1)  restricts the use of any medium for advertising;
  40-10              (2)  restricts the person's personal appearance or use
  40-11  of the person's voice in an advertisement;
  40-12              (3)  relates to the size or duration of an
  40-13  advertisement by the person; or
  40-14              (4)  restricts the person's advertisement under a trade
  40-15  name.
  40-16        SECTION 19.  Subsections (b), (c), (d), and (e), Section
  40-17  3.10, Medical Practice Act (Article 4495b, Vernon's Texas Civil
  40-18  Statutes), are amended to read as follows:
  40-19        (b)  <The board may not set, charge, collect, receive, or
  40-20  deposit any of the following fees in excess of:>
  40-21              <(1)  for processing and granting a license  by
  40-22  reciprocity to a licensee of another state.....................$700>
  40-23              <(2)  for   processing   an   application   and
  40-24  administration   of   a   partial   examination  for
  40-25  licensure......................................................$700>
  40-26              <(3)  for   processing  an    application   and
  40-27  administration   of  a   complete   examination  for
   41-1  licensure......................................................$700>
   41-2              <(4)  for   processing  an    application   and
   41-3  issuance of a temporary license................................$200>
   41-4              <(5)  for   processing   an   application   and
   41-5  issuance of a duplicate license................................$200>
   41-6              <(6)  for   processing   an   application   and
   41-7  issuance of a license of reinstatement after a lapse
   41-8  or cancellation of a license...................................$700>
   41-9              <(7)  for   processing   an   application   and
  41-10  issuance of an annual registration of a licensee...............$200>
  41-11              <(8)  for  processing   and  issuance   of   an
  41-12  institutional  permit  for  interns,  residents, and
  41-13  others in approved medical training programs...................$200>
  41-14              <(9)  for   processing   an   application   and
  41-15  issuance  of  an endorsement to  other state medical
  41-16  boards.........................................................$200>
  41-17              <(10)  for  processing and issuance of a permit
  41-18  to a physician who supervises a physician assistant............$200>
  41-19              <(11)  for  processing and issuance of a permit
  41-20  to a physician who supervises an acupuncturist...............$200.>
  41-21        <(c)>  The board may set and collect a sales charge for
  41-22  making copies of any paper of record in the office of the board and
  41-23  for any printed material published by the board.  The charges shall
  41-24  be in amounts considered sufficient to reimburse the board for the
  41-25  actual expense.
  41-26        (c) <(d)>  The financial transactions of the board are
  41-27  subject to audit by the state auditor in accordance with Chapter
   42-1  321, Government Code.
   42-2        (d)  The board shall file annually with the governor and the
   42-3  presiding officer of each house of the legislature a complete and
   42-4  detailed written report accounting for all funds received and
   42-5  disbursed by the board during the preceding fiscal year.  The
   42-6  annual report must be in the form and reported in the time provided
   42-7  by the General Appropriations Act <(e)  On or before the first day
   42-8  of January each year, the board shall file with the governor and
   42-9  the presiding officer of each house of the legislature a complete
  42-10  and detailed written report accounting for all funds received and
  42-11  disbursed by the board during the preceding year>.
  42-12        SECTION 20.  Section 3.11A, Medical Practice Act (Article
  42-13  4495b, Vernon's Texas Civil Statutes), is amended to read as
  42-14  follows:
  42-15        Sec. 3.11A.  Disposition of <Increase in> fees.  (a)  This
  42-16  section applies to each <Each> of the following fees <imposed by or
  42-17  under another section of this Act is increased by $200>:
  42-18              (1)  fee for processing and granting a license by
  42-19  reciprocity to a licensee of another state;
  42-20              (2)  fee for processing an application and
  42-21  administration of a partial examination for licensure;
  42-22              (3)  fee for processing an application and
  42-23  administration of a complete examination for licensure;
  42-24              (4)  fee for processing an application and issuance of
  42-25  a license of reinstatement after a lapse or cancellation of a
  42-26  license; and
  42-27              (5)  fee for processing an application and issuance of
   43-1  an annual registration of a licensee.
   43-2        (b)  Of each fee <increase> collected, $50 shall be deposited
   43-3  to the credit of the foundation school fund and $150 shall be
   43-4  deposited to the credit of the general revenue fund.  This
   43-5  subsection applies to the disposition of the stated portion of each
   43-6  fee <increase> regardless of any other provision of law providing
   43-7  for a different disposition of funds.
   43-8        SECTION 21.  Section 4.01, Medical Practice Act (Article
   43-9  4495b, Vernon's Texas Civil Statutes), is amended to read as
  43-10  follows:
  43-11        Sec. 4.01.  Grounds for Cancellation, Revocation, Suspension,
  43-12  and Probation of License.  (a)  The board shall, except for good
  43-13  cause shown, revoke or suspend a license, place on probation a
  43-14  person whose license has been suspended, or reprimand a licensee
  43-15  for a violation of this Act or a rule of the board <Except as
  43-16  provided herein, the board may cancel, revoke, or suspend the
  43-17  license of any practitioner of medicine or impose any other
  43-18  authorized means of discipline upon proof of the violation of this
  43-19  Act in any respect> or for any cause for which the board is
  43-20  authorized to refuse to admit persons to its examination and to
  43-21  issue a license and renewal license, including an initial
  43-22  conviction or the initial finding of the trier of fact of guilt of
  43-23  a felony or misdemeanor involving moral turpitude.
  43-24        (b)  On proof that a practitioner of medicine has been
  43-25  initially convicted of a felony or the initial finding of the trier
  43-26  of fact of guilt of a felony under Chapter 481, Health and Safety
  43-27  Code, Section 485.033, Health and Safety Code, Chapter 483, Health
   44-1  and Safety Code, or the Federal Comprehensive Drug Abuse Prevention
   44-2  and Control Act of 1970, 21 U.S.C.A. Section 801 et seq.  (Public
   44-3  Law 91-513), the board shall suspend the practitioner's license.
   44-4  On the practitioner's final conviction for such a felony offense,
   44-5  the board shall revoke the practitioner's license.
   44-6        (c)  The board shall suspend the license of a practitioner
   44-7  who is serving a prison term in a state or federal penitentiary
   44-8  during his incarceration regardless of the offense.
   44-9        SECTION 22.  Section 4.04, Medical Practice Act (Article
  44-10  4495b, Vernon's Texas Civil Statutes), is redesignated as Section
  44-11  4.02 and amended to read as follows:
  44-12        Sec. 4.02 <4.04>.  COMPLAINT; INVESTIGATION.  (a)  Any
  44-13  person, including a partnership, association, corporation, or other
  44-14  entity, may file a complaint against a licensee with the board, or
  44-15  the board may file a complaint on its own initiative.  The board
  44-16  shall adopt rules concerning the investigation of a complaint filed
  44-17  with the board.  The rules adopted under this subsection shall:
  44-18              (1)  distinguish between categories of complaints;
  44-19              (2)  ensure that complaints are not dismissed without
  44-20  appropriate consideration;
  44-21              (3)  require that the board be advised of a complaint
  44-22  that is dismissed and that a letter be sent to the person who filed
  44-23  the complaint explaining the action taken on the dismissed
  44-24  complaint;
  44-25              (4)  ensure that the person who filed the complaint has
  44-26  an opportunity to explain the allegations made in the complaint;
  44-27  and
   45-1              (5)  prescribe guidelines concerning the categories of
   45-2  complaints that require the use of a private investigator and the
   45-3  procedures for the board to obtain the services of a private
   45-4  investigator.
   45-5        (b)  The board shall keep an information file about each
   45-6  complaint filed with the board.  The board's information file shall
   45-7  be kept current and contain a record for each complaint of:
   45-8              (1)  potential witnesses contacted in relation to the
   45-9  complaint;
  45-10              (2)  a summary of findings made at each step of the
  45-11  complaint process;
  45-12              (3)  an explanation of the legal basis and reason for a
  45-13  complaint that is dismissed; and
  45-14              (4)  other relevant information.
  45-15        (c)  If a written complaint is filed with the board that the
  45-16  board has authority to resolve, the board, at least as frequently
  45-17  as quarterly and until final disposition of the complaint, shall
  45-18  notify the parties to the complaint of the status of the complaint
  45-19  unless the notice would jeopardize an investigation.
  45-20        (d)  The board by rule shall adopt a form to standardize
  45-21  information concerning complaints made to the board.  The board by
  45-22  rule shall prescribe information to be provided to a person when
  45-23  the person files a complaint with the board.
  45-24        (e)  The board shall provide reasonable assistance to a
  45-25  person who wishes to file a complaint with the board.
  45-26        (f)  Except as otherwise provided by this section, all
  45-27  investigations shall be conducted by the board or persons
   46-1  authorized by the board to conduct them.  The board may commission
   46-2  investigators as peace officers for the purpose of enforcing this
   46-3  Act.  However, investigators of the board so commissioned as peace
   46-4  officers may not carry a firearm or exercise arrest powers.  Each
   46-5  complaint against a physician which requires a determination of
   46-6  medical competency shall be reviewed by a board member, consultant,
   46-7  or employee with medical background considered sufficient by the
   46-8  board.
   46-9        (g) <(b)>  Unless it would jeopardize an investigation, the
  46-10  board shall notify the physician that a complaint has been filed
  46-11  and the nature of the complaint.  The board shall make a
  46-12  preliminary investigation of the complaint.  The first
  46-13  consideration of the board shall be whether the physician
  46-14  constitutes a continuing threat to the public welfare.
  46-15        (h)  The board may, unless precluded by the law or this Act,
  46-16  make a disposition of any complaint or matter relating to this Act,
  46-17  or of any contested case by stipulation, agreed settlement, or
  46-18  consent order.  The board shall dispose of a complaint, contested
  46-19  case, or other matter in writing, and if appropriate, the physician
  46-20  shall sign the writing.  An agreed disposition is a disciplinary
  46-21  order for purposes of reporting under this Act and of
  46-22  administrative hearings and proceedings by state and federal
  46-23  regulatory agencies regarding the practice of medicine.  An agreed
  46-24  disposition is a public record.
  46-25        (i)  In civil litigation, an agreed disposition is a
  46-26  settlement agreement under Rule 408, Texas Rules of Civil Evidence.
  46-27  This subsection does not apply to a licensee who has previously
   47-1  entered into an agreed disposition with the board of a different
   47-2  disciplinary matter or whose license the board is seeking to
   47-3  revoke.
   47-4        (j)  The board shall adopt such rules as are appropriate to
   47-5  carry out this section <such disposition.  Such disposition shall
   47-6  be considered a disciplinary order>.
   47-7        (k)  The board shall dispose of all complaints in a timely
   47-8  manner.  The board shall establish a schedule for conducting each
   47-9  phase of a complaint that is under the control of the board not
  47-10  later than the 30th day after the date the complaint is received by
  47-11  the board.  The schedule shall be kept in the information file for
  47-12  the complaint and all parties shall be notified of the projected
  47-13  time requirements for pursuing the complaint.  A change in the
  47-14  schedule must be noted in the complaint information file, and all
  47-15  parties to the complaint must be notified not later than the 14th
  47-16  day after the date the change is made unless the notice would
  47-17  jeopardize an investigation.
  47-18        (l)  The executive director of the board shall notify the
  47-19  board of a complaint that extends beyond the time prescribed by the
  47-20  board for resolving the complaint so that the board may take
  47-21  necessary action on the complaint.
  47-22        (m)  Except in the case of a suspension under Section 4.13 of
  47-23  this Act or in accordance with the terms of an agreement between
  47-24  the board and  a licensee, no revocation, suspension, involuntary
  47-25  modification, or disciplinary action relating to a license is
  47-26  effective unless, before board proceedings are instituted:
  47-27              (1)  the board has served notice, in a manner
   48-1  consistent with the requirements for service under Subsection (g)
   48-2  of this section, to the physician of the facts or conduct alleged
   48-3  to warrant the intended action; and
   48-4              (2)  the physician was given an opportunity to show
   48-5  compliance with all requirements of law for the retention of the
   48-6  license either in writing or through personal appearance at an
   48-7  informal meeting with one or more representatives of the board, at
   48-8  the option of the licensee.
   48-9        (n)  If the licensee exercises the option to personally
  48-10  appear at an informal meeting with one or more representatives of
  48-11  the board and the informal meeting is held, the staff of the board
  48-12  and the representatives of the board shall be subject to the ex
  48-13  parte provisions of the Administrative Procedure Act with regard to
  48-14  contacts with board members and administrative law judges
  48-15  concerning the case.
  48-16        SECTION 23.  Subchapter D, Medical Practice Act (Article
  48-17  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
  48-18  4.025 to read as follows:
  48-19        Sec. 4.025.  INFORMAL PROCEEDINGS.  (a)  The board by rule
  48-20  shall adopt procedures governing:
  48-21              (1)  informal disposition of a contested case under
  48-22  Section 13(e), Administrative Procedure Act, and its subsequent
  48-23  amendments; and
  48-24              (2)  informal proceedings held in compliance with
  48-25  Section 18(c), Administrative Procedure Act, and its subsequent
  48-26  amendments.
  48-27        (b)  Rules adopted under this section must provide the
   49-1  complainant and the licensee an opportunity to be heard and must
   49-2  require the presence of the board's legal counsel or a
   49-3  representative of the office of the attorney general to advise the
   49-4  board or  board's employees.  The rules shall provide that the
   49-5  staff of the board at the meeting shall present to the
   49-6  representative of the board the facts the staff reasonably believes
   49-7  it could prove by competent evidence or qualified witnesses at a
   49-8  hearing.  The physician is entitled to reply to the staff's
   49-9  presentation and present the facts the physician reasonably
  49-10  believes the physician could prove by competent evidence or
  49-11  qualified witnesses at a hearing.  After ample time is given for
  49-12  the presentations, the representative of the board shall recommend
  49-13  that the investigation be closed or attempt to mediate the disputed
  49-14  matters and make a recommendation regarding the disposition of the
  49-15  case in the absence of a hearing under the provisions of applicable
  49-16  law concerning contested cases.
  49-17        SECTION 24.  Section 4.02, Medical Practice Act (Article
  49-18  4495b, Vernon's Texas Civil Statutes), is redesignated as Section
  49-19  4.03 and amended to read as follows:
  49-20        Sec. 4.03 <4.02>.  Initiation of Charges.  (a)  Proceedings,
  49-21  unless otherwise specified, under this Act or other applicable law
  49-22  and charges against a licensee may be instituted by a duly
  49-23  authorized representative of the board <on its own initiative or by
  49-24  any person>.  Charges must be in writing and on sworn affidavit
  49-25  filed with the records custodian or assistant records custodian of
  49-26  the board detailing the nature of the charges as required by this
  49-27  Act or other applicable law.  The president or an authorized <his>
   50-1  designee shall <set a time and place for a hearing and shall> cause
   50-2  a copy of the charges<, together with a notice of the time and
   50-3  place fixed for the hearing> to be served on the respondent or the
   50-4  respondent's counsel of record.
   50-5        (b)  The president or designee shall notify the State Office
   50-6  of Administrative Hearings of a formal complaint.
   50-7        (c)  A formal complaint shall be in writing and shall allege
   50-8  with reasonable certainty the specific act or acts relied on by the
   50-9  agency to constitute a violation of a specific statute or rule.
  50-10  The formal complaint shall be specific enough to enable a person of
  50-11  common understanding to know what is meant by the formal complaint
  50-12  and shall contain a degree of certainty that will give the person
  50-13  who is the subject of the formal complaint notice of the particular
  50-14  act or acts alleged to be a violation of a specific statute or
  50-15  rule.
  50-16        (d)  The board shall adopt reasonable rules to promote
  50-17  discovery by all parties to contested cases.
  50-18        (e)  In this section, "formal complaint" means a written
  50-19  statement made by a credible person under oath that is filed and
  50-20  presented by a representative of the board charging a person with
  50-21  having committed an act or acts that if proven could affect the
  50-22  legal rights or privileges of a licensee or other person under the
  50-23  jurisdiction of the board.
  50-24        SECTION 25.  Section 4.03, Medical Practice Act (Article
  50-25  4495b, Vernon's Texas Civil Statutes), is redesignated as Section
  50-26  4.04 and amended to read as follows:
  50-27        Sec. 4.04 <4.03>.  Notice.  (a)  Service of process notifying
   51-1  the respondent of <the time and place of> a hearing about <and the
   51-2  nature of> the charges against the person shall be made in
   51-3  accordance with the requirements of the Administrative Procedure
   51-4  Act and its subsequent amendments <person or by mail.  Notice shall
   51-5  be sufficient if made in person or if sent by registered or
   51-6  certified mail to the person charged at the address shown in the
   51-7  board files or on his most recent application for registration or
   51-8  renewal, no later than 10 days before the hearing>.
   51-9        (b)  If service of notice as prescribed by Subsection (a) of
  51-10  this section is impossible or cannot be effected, the board shall
  51-11  cause to be published once a week for two successive weeks a notice
  51-12  of the hearing in a newspaper published in the county of the last
  51-13  known place of practice in Texas of the person, if known.  If the
  51-14  licensee is not currently practicing in Texas as evidenced by
  51-15  information in the board files, or if the last county of practice
  51-16  is unknown, publication shall be in a newspaper in Travis County.
  51-17  When publication of notice is used, the date of hearing may not be
  51-18  less than 10 days after the date of the last publication of notice.
  51-19        SECTION 26.  Section 4.05, Medical Practice Act (Article
  51-20  4495b, Vernon's Texas Civil Statutes), is amended to read as
  51-21  follows:
  51-22        Sec. 4.05.  Hearings, Rules.  (a)  The <president of the>
  51-23  board by rule shall adopt procedures governing formal disposition
  51-24  of a contested case under the Administrative Procedure Act and its
  51-25  subsequent amendments.  A formal hearing shall be conducted by an
  51-26  administrative law judge employed by the State Office of
  51-27  Administrative Hearings <designate one of the following alternative
   52-1  procedures for the conduct of each individual contested case in a
   52-2  disciplinary matter:>
   52-3              <(1)  a hearing before the board itself where a quorum
   52-4  of the board shall be present for the hearing and decision at the
   52-5  conclusion of the hearing;>
   52-6              <(2)  a hearing committee appointed by the president of
   52-7  the board, provided that the hearing committee shall be composed of
   52-8  not less than three members of the board and the composition of
   52-9  such committee shall be consistent with the provisions of Sections
  52-10  2.08 and 2.09 of this Act; or>
  52-11              <(3)  a hearing before a hearing examiner appointed by
  52-12  the board to conduct a hearing and to prepare and submit to the
  52-13  board for action a proposal for decision as provided in the
  52-14  Administrative Procedure and Texas Register Act (Article 6252-13a,
  52-15  Vernon's Texas Civil Statutes).>
  52-16        <Any individual conducting a hearing under this subchapter is
  52-17  empowered to administer oaths and to receive evidence at the
  52-18  hearing and shall report the hearing as prescribed by board rules>.
  52-19  Notwithstanding any other provision of this Act or other law, the
  52-20  board may, in its sole discretion, employ, retain, and compensate
  52-21  such attorneys, consultants, and other professionals as it deems
  52-22  necessary and appropriate to serve as <hearing examiners,> board
  52-23  consultants or<,> special counsel to prosecute on behalf of the
  52-24  hearings division and investigating division such complaints as are
  52-25  filed with the board, court reporters, and other staff deemed
  52-26  necessary or appropriate by the board to prepare for or represent
  52-27  the board in <conduct> the hearings authorized by this section.
   53-1  <All hearings conducted under this subchapter by the board shall
   53-2  comply with the provisions of the Administrative Procedure Act and
   53-3  the board's rules.>
   53-4        (b)  <The licensee shall have the right to produce witnesses
   53-5  or evidence on the person's behalf, to cross-examine witnesses, and
   53-6  to have subpoenas issued by the board to be served at the
   53-7  licensee's expense.>
   53-8        <(c)>  The board shall, after receiving the administrative
   53-9  law judge's findings of fact and conclusions of law <the hearing>,
  53-10  determine the charges upon their merits.
  53-11        (c) <(d)>  All complaints, adverse reports, investigation
  53-12  files, other investigation reports, and other investigative
  53-13  information in the possession of, received or gathered by the board
  53-14  or its employees or agents relating to a licensee, an application
  53-15  for license, or a criminal investigation or proceedings are
  53-16  privileged and confidential and are not subject to discovery,
  53-17  subpoena, or other means of legal compulsion for their release to
  53-18  anyone other than the board or its employees or agents involved in
  53-19  licensee discipline.  Not later than 30 days after receiving a
  53-20  written request from a licensee who is the subject of a formal
  53-21  complaint initiated and filed under Section 4.03 of this Act or
  53-22  from the licensee's counsel of record and subject to any other
  53-23  privileges or restrictions set forth by rule, statute, or legal
  53-24  precedent, and unless good cause is shown for delay, the board
  53-25  shall provide the licensee with access to all information in its
  53-26  possession that the board intends to offer into evidence in
  53-27  presenting its case in chief at the contested hearing on the
   54-1  complaint.  However, the board is not required to provide board
   54-2  investigative reports or investigative memoranda, the identity of
   54-3  nontestifying complainants, attorney-client communications,
   54-4  attorney-work product, or other materials covered by a privilege as
   54-5  recognized by the Texas Rules of Civil Procedure or the Texas Rules
   54-6  of Civil Evidence.  The furnishing of information shall not
   54-7  constitute a waiver of privilege or confidentiality under this
   54-8  section, this Act, or other applicable law.  Investigative
   54-9  <However, investigative> information in the possession of the board
  54-10  or its employees or agents which relates to licensee discipline may
  54-11  be disclosed to the appropriate licensing authority in another
  54-12  state, the District of Columbia, or a territory or country in which
  54-13  the licensee is licensed or has applied for a license, or to a peer
  54-14  review committee reviewing an application for privileges or the
  54-15  qualifications of the licensee with respect to retaining
  54-16  privileges.  If the investigative information in the possession of
  54-17  the board or its employees or agents indicates a crime may have
  54-18  been committed, the information shall be reported to the proper law
  54-19  enforcement agency.  The board shall cooperate and assist all law
  54-20  enforcement agencies conducting criminal investigations of
  54-21  licensees by providing information which is relevant to the
  54-22  criminal investigation to the investigating agency.  Any
  54-23  information disclosed by the board to an investigative agency shall
  54-24  remain confidential and shall not be disclosed by the investigating
  54-25  agency except as necessary to further the investigation.  The board
  54-26  shall provide information upon the written request of a health-care
  54-27  entity about a complaint filed against a licensee that was resolved
   55-1  after investigation by a disciplinary order of the board or by an
   55-2  agreed settlement and the basis of and current status of any
   55-3  complaint under active investigation.  The board shall keep
   55-4  information on file about each complaint filed with the board,
   55-5  consistent with this Act.  If a written complaint is filed with the
   55-6  board relating to a person licensed by the board, the board, at
   55-7  least as often as quarterly and until final determination of the
   55-8  action to be taken relative to the complaint, shall notify the
   55-9  parties to the complaint <complaining party> consistent with this
  55-10  Act of the status of the complaint unless the notice would
  55-11  jeopardize an active investigation.
  55-12        (d) <(e)>  The board in its discretion may accept the
  55-13  voluntary surrender of a license.  No license may be returned
  55-14  unless the board determines, under rules established by it, that
  55-15  the licensee is competent to resume practice.
  55-16        SECTION 27.  Section 4.10, Medical Practice Act (Article
  55-17  4495b, Vernon's Texas Civil Statutes), is amended to read as
  55-18  follows:
  55-19        Sec. 4.10.  Petition for Reinstatement.  (a)  Upon
  55-20  application, the board may reissue a license to practice medicine
  55-21  to a person whose license has been canceled, revoked, or suspended,
  55-22  but the application, in the case of revocation, may not be made
  55-23  prior to one year after the revocation was issued or became final
  55-24  and if denied by the board may not be brought more frequently than
  55-25  annually and must be made upon payment of the fees as established
  55-26  by the board and in the manner and form and under the conditions as
  55-27  the board may require.  Further, the board may not reinstate or
   56-1  reissue a license to a person whose license has been canceled,
   56-2  revoked, or suspended because of a felony conviction under Chapter
   56-3  481, Health and Safety Code, Section 485.033, Health and Safety
   56-4  Code, Chapter 483, Health and Safety Code, or the Federal
   56-5  Comprehensive Drug Abuse Prevention and Control Act of 1970, 21
   56-6  U.S.C.A. Section 801 et seq. (Public Law 91-513), except on an
   56-7  express determination based on substantial evidence contained in an
   56-8  investigative report indicating that the reinstatement or reissue
   56-9  of the license is in the best interests of the public and of the
  56-10  person whose license has been canceled, revoked, or suspended.
  56-11        (b)  In addition to the requirements of Subsection (a) of
  56-12  this section, to be eligible for reinstatement or reissuance of a
  56-13  license, an applicant must prove that it is in the best interests
  56-14  of the public and of the person whose license has been canceled,
  56-15  revoked, or suspended to reinstate or reissue the license.
  56-16        (c)  A decision by the board to deny an application to
  56-17  reinstate or reissue a license is subject to judicial review in the
  56-18  manner provided by Section 4.09 of this Act.
  56-19        SECTION 28.  Section 4.11, Medical Practice Act (Article
  56-20  4495b, Vernon's Texas Civil Statutes), is amended to read as
  56-21  follows:
  56-22        Sec. 4.11.  Monitoring of License Holder; Probation.
  56-23  (a)  The board by rule shall develop a system for monitoring the
  56-24  compliance with the requirements of this Act of license holders who
  56-25  are the subject of disciplinary action.  Rules adopted under this
  56-26  section shall include procedures for monitoring a license holder
  56-27  who is ordered by the board to perform certain acts to ascertain
   57-1  that the license holder performs the required acts and to identify
   57-2  and monitor license holders who are the subject of disciplinary
   57-3  action and who present a continuing threat to the public welfare
   57-4  through the practice of medicine.
   57-5        (b)  The board upon majority vote may provide that the order
   57-6  canceling, revoking, or suspending a license or imposing any other
   57-7  method of discipline be probated so long as the probationer
   57-8  conforms to the orders, conditions, and rules that the board may
   57-9  set out as the terms of probation.  However, the board may not
  57-10  grant probation to a person whose license has been canceled,
  57-11  revoked, or suspended because of a felony conviction under Chapter
  57-12  481, Health and Safety Code, Section 485.033, Health and Safety
  57-13  Code, Chapter 483, Health and Safety Code, or the Federal
  57-14  Comprehensive Drug Abuse Prevention and Control Act of 1970, 21
  57-15  U.S.C.A. Section 801 et seq. (Public Law 91-513), except on an
  57-16  express determination, based on substantial evidence, that the
  57-17  grant of probation is in the best interests of the public and of
  57-18  the person whose license has been suspended, revoked, or canceled.
  57-19  The board, at the time of probation, shall set out the period of
  57-20  time that constitutes the probationary period.  The board may not
  57-21  grant probation to a physician who poses, through the practice of
  57-22  medicine, a continuing threat to the public welfare.
  57-23        (c) <(b)>  The board may at any time while a license holder
  57-24  <the probationer> remains on probation, with adequate grounds being
  57-25  shown, cause <hold> a hearing to be held and, upon proof of a
  57-26  violation of the order <majority vote>, rescind the probation and
  57-27  enforce the board's original action and may impose any disciplinary
   58-1  action permitted under Section 4.12 of this Act in addition to or
   58-2  in lieu of enforcing the original order.  The board <and> shall
   58-3  revoke or suspend a probationer's license <do so> if the board
   58-4  determines that the probationer poses, through the practice of
   58-5  medicine, a continuing threat to the public welfare.
   58-6        (d) <(c)>  The hearing to rescind the probation shall be
   58-7  governed by the same provisions as are set forth in this subchapter
   58-8  for other charges.
   58-9        SECTION 29.  Section 4.12, Medical Practice Act (Article
  58-10  4495b, Vernon's Texas Civil Statutes), is amended to read as
  58-11  follows:
  58-12        Sec. 4.12.  Methods of Discipline.  (a)  Except as otherwise
  58-13  provided in Section 4.01, if the board finds any person to have
  58-14  committed any of the acts set forth in Section 3.08 of this Act, it
  58-15  shall enter an order imposing one or more of the following:
  58-16              (1)  deny the person's application for a license or
  58-17  other authorization to practice medicine;
  58-18              (2)  administer a public reprimand;
  58-19              (3)  suspend, limit, or restrict the person's license
  58-20  or other authorization to practice medicine, including limiting the
  58-21  practice of the person to or by the exclusion of one or more
  58-22  specified activities of medicine or stipulating periodic board
  58-23  review;
  58-24              (4)  revoke the person's license or other authorization
  58-25  to practice medicine;
  58-26              (5)  require the person to submit to care, counseling,
  58-27  or treatment of physicians designated by the board as a condition
   59-1  for the initial, continued, or renewal of a license or other
   59-2  authorization to practice medicine;
   59-3              (6)  require the person to participate in a program of
   59-4  education or counseling prescribed by the board;
   59-5              (7)  require the person to practice under the direction
   59-6  of a physician designated by the board for a specified period of
   59-7  time; <or>
   59-8              (8)  require the person to perform public service
   59-9  considered appropriate by the board; or
  59-10              (9)  assess an administrative penalty against the
  59-11  person as provided by Section 4.125 of this Act.
  59-12        (b)  Providing however, if the board determines that, through
  59-13  the practice of medicine, the physician poses a continuing threat
  59-14  to the public welfare, it shall revoke, suspend or deny the
  59-15  license.
  59-16        (c)  In addition to the other disciplinary actions authorized
  59-17  by this section, the board may issue a written reprimand to a
  59-18  license holder who violates this Act or require that a license
  59-19  holder who violates this Act participate in continuing education
  59-20  programs.  The board shall specify the continuing education
  59-21  programs that may be attended and the number of hours that must be
  59-22  completed by an individual license holder to fulfill the
  59-23  requirements of this subsection.
  59-24        (d)  If a license suspension is probated, the board may
  59-25  require the license holder to:
  59-26              (1)  report regularly to the board on matters that are
  59-27  the basis of the probation;
   60-1              (2)  limit practice to the areas prescribed by the
   60-2  board; or
   60-3              (3)  continue or review continuing professional
   60-4  education until the license holder attains a degree of skill
   60-5  satisfactory to the board in those areas that are the basis of the
   60-6  probation.
   60-7        (e)  The schedule of sanctions adopted by the board by rule
   60-8  shall be used by the State Office of Administrative Hearings for
   60-9  any sanction imposed as the result of a hearing conducted by that
  60-10  office.
  60-11        SECTION 30.  Subchapter D, Medical Practice Act (Article
  60-12  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
  60-13  4.125 to read as follows:
  60-14        Sec. 4.125.  ADMINISTRATIVE PENALTY.  (a)  The board by order
  60-15  may impose an administrative penalty against a person licensed or
  60-16  regulated under this Act who violates this Act or a rule or order
  60-17  adopted under this Act.
  60-18        (b)  The penalty for a violation may be in an amount not to
  60-19  exceed $5,000.  Each day a violation continues or occurs is a
  60-20  separate violation for purposes of imposing a penalty.
  60-21        (c)  The amount of the penalty shall be based on:
  60-22              (1)  the seriousness of the violation, including the
  60-23  nature, circumstances, extent, and gravity of any prohibited acts,
  60-24  and the hazard or potential hazard created to the health, safety,
  60-25  or economic welfare of the public;
  60-26              (2)  the economic harm to property or the environment
  60-27  caused by the violation;
   61-1              (3)  the history of previous violations;
   61-2              (4)  the amount necessary to deter future violations;
   61-3              (5)  efforts to correct the violation; and
   61-4              (6)  any other matter that justice may require.
   61-5        (d)  The board by rule shall prescribe the procedure by which
   61-6  it may impose an administrative penalty.
   61-7        (e)  All proceedings under this section are subject to the
   61-8  Administrative Procedure Act and its subsequent amendments.
   61-9        (f)  If the board by order finds that a violation has
  61-10  occurred and imposes an administrative penalty, the board shall
  61-11  give notice to the person of the board's order.  The notice must
  61-12  include a statement of the right of the person to judicial review
  61-13  of the order.
  61-14        (g)  Within 30 days after the date the board's order imposing
  61-15  the penalty is final as provided by Section 16(c), Administrative
  61-16  Procedure Act, and its subsequent amendments, the person shall:
  61-17              (1)  pay the amount of the penalty;
  61-18              (2)  pay the amount of the penalty and file a petition
  61-19  for judicial review contesting the occurrence of the violation, the
  61-20  amount of the penalty, or both the occurrence of the violation and
  61-21  the amount of the penalty; or
  61-22              (3)  without paying the amount of the penalty, file a
  61-23  petition for judicial review contesting the occurrence of the
  61-24  violation, the amount of the penalty, or both the occurrence of the
  61-25  violation and the amount of the penalty.
  61-26        (h)  Within the 30-day period, a person who acts under
  61-27  Subsection (g)(3) of this section may:
   62-1              (1)  stay enforcement of the penalty by:
   62-2                    (A)  paying the amount of the penalty to the
   62-3  court for placement in an escrow account; or
   62-4                    (B)  giving to the court a supersedeas bond that
   62-5  is approved by the court for the amount of the penalty and that is
   62-6  effective until all judicial review of the board's order is final;
   62-7  or
   62-8              (2)  request the court to stay enforcement of the
   62-9  penalty by:
  62-10                    (A)  filing with the court a sworn affidavit of
  62-11  the person stating that the person is financially unable to pay the
  62-12  amount of the penalty and is financially unable to give the
  62-13  supersedeas bond; and
  62-14                    (B)  giving a copy of the affidavit to the
  62-15  executive director by certified mail.
  62-16        (i)  An executive director who receives a copy of an
  62-17  affidavit under Subsection (h)(2) of this section may file with the
  62-18  court, within five days after the date the copy is received, a
  62-19  contest to the affidavit.  The court shall hold a hearing on the
  62-20  facts alleged in the affidavit as soon as practicable and shall
  62-21  stay the enforcement of the penalty on finding that the alleged
  62-22  facts are true.  The person who files an affidavit has the burden
  62-23  of proving that the person is financially unable to pay the amount
  62-24  of the penalty and to give a supersedeas bond.
  62-25        (j)  If the person does not pay the amount of the penalty and
  62-26  the enforcement of the penalty is not stayed, the executive
  62-27  director may refer the matter to the attorney general for
   63-1  collection of the amount of the penalty.
   63-2        (k)  If on appeal the court sustains the occurrence of the
   63-3  violation, the court may uphold or reduce the amount of the penalty
   63-4  and order the person to pay the full or reduced amount of the
   63-5  penalty.  If the court does not sustain the occurrence of the
   63-6  violation, the court shall order that no penalty is owed.
   63-7        (l)  When the judgment of the court becomes final, the court
   63-8  shall proceed under this subsection.  If the person paid the amount
   63-9  of the penalty and if that amount is reduced or is not upheld by
  63-10  the court, the court shall order that the appropriate amount plus
  63-11  accrued interest be remitted to the person.  The rate of the
  63-12  interest is the rate charged on loans to depository institutions by
  63-13  the New York Federal Reserve Bank, and the interest shall be paid
  63-14  for the period beginning on the date the penalty was paid and
  63-15  ending on the date the penalty is remitted.  If the person gave a
  63-16  supersedeas bond and if the amount of the penalty is not upheld by
  63-17  the court, the court shall order the release of the bond.  If the
  63-18  person gave a supersedeas bond and if the amount of the penalty is
  63-19  reduced, the court shall order the release of the bond after the
  63-20  person pays the amount.
  63-21        (m)  A penalty collected under this section shall be remitted
  63-22  to the comptroller for deposit in the general revenue fund.
  63-23        SECTION 31.  Subchapter D, Medical Practice Act (Article
  63-24  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
  63-25  4.126 to read as follows:
  63-26        Sec. 4.126.  CIVIL PENALTY.  (a)  If it appears that a person
  63-27  is in violation of or is threatening to violate this Act or a rule
   64-1  or order adopted by the board, the attorney general may institute
   64-2  an action for a civil penalty of $1,000 for each violation.  Each
   64-3  day of a violation shall constitute a separate violation.
   64-4        (b)  A civil action filed under this section by the attorney
   64-5  general  must be filed in a district court in Travis County or the
   64-6  county in which the violation occurred.
   64-7        (c)  The attorney general may recover reasonable expenses
   64-8  incurred in obtaining a civil penalty under this section, including
   64-9  court costs, reasonable attorney fees, investigative costs, witness
  64-10  fees, and deposition expenses.
  64-11        (d)  A civil penalty recovered in an action by the attorney
  64-12  general under this section shall be deposited in the general
  64-13  revenue fund.
  64-14        (e)  The attorney general may not institute an action for a
  64-15  civil penalty against a person described by Section 3.06(c) or (e)
  64-16  of this Act if the person is not in violation of or threatening to
  64-17  violate this Act or a rule or order adopted by the board.
  64-18        SECTION 32.  Section 4.13, Medical Practice Act (Article
  64-19  4495b, Vernon's Texas Civil Statutes), is amended to read as
  64-20  follows:
  64-21        Sec. 4.13.  Temporary Suspension of License.  (a)  The
  64-22  president of the board, with the approval of the board, shall
  64-23  appoint a three-member disciplinary panel consisting of members of
  64-24  the board for the purpose of determining whether a person's license
  64-25  to practice medicine in this state should be temporarily suspended
  64-26  under this section.
  64-27        (b)  If the disciplinary panel <executive committee of the
   65-1  board> determines from the evidence or information presented to it
   65-2  that a person licensed to practice medicine in this state by his
   65-3  continuation in practice would constitute a continuing threat to
   65-4  the public welfare, the disciplinary panel <executive committee of
   65-5  the board> shall temporarily suspend the license of that person.
   65-6        (c)  The license may be suspended under this section without
   65-7  notice or hearing on the complaint, provided institution of
   65-8  proceedings for a hearing before the board is initiated
   65-9  simultaneously with the temporary suspension and provided that a
  65-10  hearing is held as soon as can be accomplished under the
  65-11  Administrative Procedure Act and this Act.
  65-12        (d)  Notwithstanding the open meetings law, Chapter 271, Acts
  65-13  of the 60th Legislature, Regular Session, 1967 (Article 6252-17,
  65-14  Vernon's Texas Civil Statutes), the disciplinary panel may hold a
  65-15  meeting by telephone conference call if immediate action is
  65-16  required and the convening at one location of the disciplinary
  65-17  panel is inconvenient for any member of the disciplinary panel.
  65-18        SECTION 33.  Subchapter E, Medical Practice Act (Article
  65-19  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
  65-20  5.035 to read as follows:
  65-21        Sec. 5.035.  GRADUATES OF UNAPPROVED FOREIGN MEDICAL SCHOOLS.
  65-22  (a)  An applicant who is a graduate of a medical school that is
  65-23  located outside the United States and Canada and that was not
  65-24  approved by the board at the time the degree was conferred, to be
  65-25  eligible for the issuance of a license, must present satisfactory
  65-26  proof to the board that the applicant:
  65-27              (1)  meets the requirements set out in Sections
   66-1  3.04(a)(1), (2), and (3) of this Act;
   66-2              (2)  is a graduate of a school whose curriculum meets
   66-3  the requirements for an unapproved medical school as determined by
   66-4  a committee of experts selected by the Texas Higher Education
   66-5  Coordinating Board;
   66-6              (3)  has successfully completed three years of graduate
   66-7  medical training in the United States or Canada that was approved
   66-8  by the board on the date the training was completed;
   66-9              (4)  is eligible for licensure to practice medicine in
  66-10  the country in which the school is located;
  66-11              (5)  possesses a valid certificate issued by the
  66-12  Educational Commission for Foreign Medical Graduates;
  66-13              (6)  has the ability to communicate in the English
  66-14  language; and
  66-15              (7)  has passed the examination required by the board
  66-16  of all applicants for license as required by Section 3.05 of this
  66-17  Act.
  66-18        (b)  In addition to other licensure requirements, the board
  66-19  may require by rule that a graduate of an unapproved medical school
  66-20  located outside the United States and Canada or the school of which
  66-21  the person is a graduate provide additional information to the
  66-22  board concerning the school before approving the applicant.
  66-23        (c)  The board may refuse to issue a license to an applicant
  66-24  who graduated from an unapproved medical school located outside the
  66-25  United States and Canada if it finds that the applicant does not
  66-26  possess the requisite qualifications to provide the same standard
  66-27  of medical care as provided by a physician licensed in this state.
   67-1        (d)  The board may refuse to issue a license to an applicant
   67-2  who graduated from an unapproved medical school located outside the
   67-3  United States and Canada if the applicant fails to provide the
   67-4  board evidence to establish that the applicant completed medical
   67-5  education or professional training substantially equivalent to that
   67-6  provided by a medical school in this state.
   67-7        SECTION 34.  Section 5.04, Medical Practice Act (Article
   67-8  4495b, Vernon's Texas Civil Statutes), is amended to read as
   67-9  follows:
  67-10        Sec. 5.04.  FIFTH PATHWAY FOR FOREIGN MEDICAL SCHOOL
  67-11  STUDENTS.  (a)  An applicant <Notwithstanding any other provision
  67-12  of law, an individual> who has been a student of a foreign medical
  67-13  school, to be eligible for the  issuance of a license, must present
  67-14  satisfactory proof to the board that the applicant <is eligible for
  67-15  licensure to practice medicine in this state if he>:
  67-16              (1)  meets the requirements set out in Sections
  67-17  3.04(a)(1), (2), and (3) of this Act;
  67-18              (2)  has studied medicine in an acceptable <a
  67-19  reputable> medical school as defined by the board located outside
  67-20  the United States and Canada;
  67-21              (3) <(2)>  has completed all of the didactic work of
  67-22  the foreign medical school but has not graduated from the school;
  67-23              (4) <(3)>  has attained a score satisfactory to a
  67-24  medical school in the United States approved by the Liaison
  67-25  Committee on Medical Education on a qualifying examination and has
  67-26  satisfactorily completed one academic year of supervised clinical
  67-27  training for foreign medical students as defined by the American
   68-1  Medical Association Council on Medical Education (Fifth Pathway
   68-2  Program) under the direction of the medical school in the United
   68-3  States;
   68-4              (5) <(4)>  has attained a passing score on the
   68-5  Educational Commission <Council> for Foreign Medical Graduates
   68-6  examination, or other examination, if required by the board; <and>
   68-7              (6)  has successfully completed three years of graduate
   68-8  medical training in the United States or Canada that was approved
   68-9  by the board on the date the training was completed; and
  68-10              (7) <(5)>  has passed the examination required by the
  68-11  board of all applicants for license as required by Section 3.05 of
  68-12  this Act.
  68-13        (b)  Satisfaction of the requirements of Subsection (a) of
  68-14  this section are in lieu of the completion of any requirements of
  68-15  the foreign medical school beyond completion of the didactic work,
  68-16  and no other medical education requirements shall be a condition of
  68-17  licensure to practice medicine in this state.
  68-18        (c)  Satisfaction of the requirements specified in Subsection
  68-19  (a) of this section shall be in lieu of certification by the
  68-20  Educational Commission <Council> for Foreign Medical Graduates, and
  68-21  the certification is not a condition of licensure to practice
  68-22  medicine in this state for candidates who have completed the
  68-23  requirements of Subsection (a) of this section.
  68-24        (d)  A hospital that is licensed by this state, that is
  68-25  operated by the state or a political subdivision of the state, or
  68-26  that receives state financial assistance, directly or indirectly,
  68-27  may not require an individual who has been a student of a foreign
   69-1  medical school but has not graduated from the school to satisfy any
   69-2  requirements other than those contained in <Subdivisions (1), (2),
   69-3  (3), and (4) of> Subsection (a) of this section prior to commencing
   69-4  an internship or residency.
   69-5        (e)  A document granted by a medical school located outside
   69-6  the United States issued after the completion of all the didactic
   69-7  work of the foreign medical school shall, on certification by the
   69-8  medical school in the United States in which the training was
   69-9  received of satisfactory completion by the person to whom the
  69-10  document was issued of the requirements listed in Subdivision (4)
  69-11  <(3)> of Subsection (a) of this section, be considered the
  69-12  equivalent of a degree of doctor of medicine or doctor of
  69-13  osteopathy for purposes of licensure.
  69-14        SECTION 35.  Section 5.08, Medical Practice Act (Article
  69-15  4495b, Vernon's Texas Civil Statutes), is amended by amending
  69-16  Subsections (d) and (k) and adding Subsection (n) to read as
  69-17  follows:
  69-18        (d)  The prohibitions of this section continue to apply to
  69-19  confidential communications or records concerning any patient
  69-20  irrespective of when the patient received the services of a
  69-21  physician, except for medical records 100 years old or older
  69-22  requested for historical purposes.
  69-23        (k)  A physician shall furnish copies of medical records
  69-24  requested, or a summary or narrative of the records, pursuant to a
  69-25  written consent for release of the information as provided by
  69-26  Subsection (j) of this section, except if the physician determines
  69-27  that access to the information would be harmful to the physical,
   70-1  mental, or emotional health of the patient, and the physician may
   70-2  delete confidential information about another person who has not
   70-3  consented to the release.  The information shall be furnished by
   70-4  the physician within 30 days after the date of receipt of the
   70-5  request <a reasonable period of time> and reasonable fees for
   70-6  furnishing the information shall be paid by the patient or someone
   70-7  on his behalf.  If the physician denies the request, in whole or in
   70-8  part, the physician shall furnish the patient a written statement,
   70-9  signed and dated, stating the reason for the denial.  A copy of the
  70-10  statement denying the request shall be placed in the patient's
  70-11  medical records.  In this subsection, "medical records" means any
  70-12  records pertaining to the history, diagnosis, treatment, or
  70-13  prognosis of the patient.
  70-14        (n)  A person who may provide a copy of a record or a summary
  70-15  of the record to another under this section may provide the copy,
  70-16  summary, or narrative:
  70-17              (1)  on paper; or
  70-18              (2)  on microfilm, microfiche, computer hard disk,
  70-19  magnetic tape, optical disk, or by means of another appropriate
  70-20  medium, including a machine-readable medium, if the person who is
  70-21  to provide and the person who is to receive the copy, summary, or
  70-22  narrative agree to a form authorized by this subdivision.
  70-23        SECTION 36.  Section 5.10, Medical Practice Act (Article
  70-24  4495b, Vernon's Texas Civil Statutes), is amended to read as
  70-25  follows:
  70-26        Sec. 5.10.  Sunset provision.  The Texas State Board of
  70-27  Medical Examiners is subject to Chapter 325, Government Code (Texas
   71-1  Sunset Act).  Unless continued in existence as provided by that
   71-2  chapter, the board is abolished and this Act expires September 1,
   71-3  2005 <1993>.
   71-4        SECTION 37.  The Medical Practice Act (Article 4495b,
   71-5  Vernon's Texas Civil Statutes) is amended by adding Subchapter F to
   71-6  read as follows:
   71-7                  SUBCHAPTER F.  ACUPUNCTURE PRACTICE
   71-8        Sec. 6.01.  LEGISLATIVE FINDINGS AND PURPOSE.  The
   71-9  legislature finds that:
  71-10              (1)  the review and establishment of statewide
  71-11  standards for the training, education, and discipline of persons
  71-12  performing acupuncture are in the public interest; and
  71-13              (2)  the health, safety, and welfare of the people of
  71-14  this state are best served by an orderly system of regulating the
  71-15  practice of acupuncture.
  71-16        Sec. 6.02.  DEFINITIONS.  In this subchapter:
  71-17              (1)  "Acupuncture" means:
  71-18                    (A)  the insertion of an acupuncture needle and
  71-19  the application of moxibustion to specific areas of the human body
  71-20  as a primary mode of therapy to treat and mitigate a human
  71-21  condition; and
  71-22                    (B)  the administration of thermal or electrical
  71-23  treatments or the recommendation of dietary guidelines, energy flow
  71-24  exercise, or dietary or herbal supplements in conjunction with the
  71-25  treatment described by Paragraph (A) of this subdivision.
  71-26              (2)  "Acupuncturist" means a person who practices
  71-27  acupuncture.
   72-1              (3)  "Acupuncture board" means the Texas State Board of
   72-2  Acupuncture Examiners.
   72-3              (4)  "Chiropractor" means a licensee of the Texas Board
   72-4  of Chiropractic Examiners.
   72-5              (5)  "Executive director" means the executive director
   72-6  of the Texas State Board of Medical Examiners.
   72-7              (6)  "Medical board" means the Texas State Board of
   72-8  Medical Examiners.
   72-9              (7)  "Physician" means a licensee of the Texas State
  72-10  Board of Medical Examiners.
  72-11        Sec. 6.03.  EXEMPTION; LIMITATION.  (a)  This subchapter does
  72-12  not apply to a health care professional licensed under another
  72-13  subchapter of this Act or another statute of this state and acting
  72-14  within the scope of the license.
  72-15        (b)  This subchapter does not:
  72-16              (1)  limit the practice of medicine by a physician or
  72-17  permit the unauthorized practice of medicine; or
  72-18              (2)  permit a person to dispense, administer, or supply
  72-19  any controlled substance, narcotic, or dangerous drug if the person
  72-20  is not otherwise authorized by law to do so.
  72-21        Sec. 6.04.  ACUPUNCTURE BOARD.  (a)  The Texas State Board of
  72-22  Acupuncture Examiners is composed of nine members appointed by the
  72-23  governor as follows:
  72-24              (1)  four acupuncturists who have at least five years
  72-25  of experience in the practice of acupuncture in this state and are
  72-26  not licensed in this state as physicians;
  72-27              (2)  two physicians who are licensed in this state and
   73-1  are experienced in the practice of acupuncture; and
   73-2              (3)  three members of the general public who are not
   73-3  licensed or trained in a health care profession and who represent
   73-4  the public.
   73-5        (b)  The following persons may not serve on the acupuncture
   73-6  board:
   73-7              (1)  a person who is required to register as a lobbyist
   73-8  under Chapter 305, Government Code, and its subsequent amendments;
   73-9  and
  73-10              (2)  a person who is currently employed by or serving
  73-11  as president, vice-president, secretary, or treasurer of a
  73-12  statewide or national organization incorporated for the purpose of
  73-13  representing a health care profession in this state or the United
  73-14  States.
  73-15        (c)  Members of the acupuncture board hold office for
  73-16  staggered terms of six years, with three members' terms expiring
  73-17  January 31 of each odd-numbered year.
  73-18        (d)  The governor shall designate a presiding officer of the
  73-19  acupuncture board from the members of the acupuncture board.
  73-20        (e)  A vacancy on the acupuncture board shall be filled by
  73-21  appointment of the governor.
  73-22        (f)  A member of the acupuncture board may not receive
  73-23  compensation for service on the board but is entitled to receive a
  73-24  per diem as set by legislative appropriation for transportation and
  73-25  related expenses incurred for each day that the member engages in
  73-26  the business of the board.
  73-27        (g)  The acupuncture board is subject to the open meetings
   74-1  law, the open records law, and the Administrative Procedure Act and
   74-2  any subsequent amendments.
   74-3        (h)  The acupuncture board is subject to Chapter 325,
   74-4  Government Code (Texas Sunset Act).  Unless continued in existence
   74-5  as provided by that chapter, the board is abolished and this
   74-6  subchapter expires September 1, 1997.
   74-7        Sec. 6.05.  POWERS AND DUTIES OF ACUPUNCTURE BOARD.
   74-8  (a)  Subject to the advice and approval of the medical board, the
   74-9  acupuncture board shall:
  74-10              (1)  establish qualifications for an acupuncturist to
  74-11  practice in this state;
  74-12              (2)  establish minimum educational and training
  74-13  requirements necessary for the acupuncture board to recommend that
  74-14  the medical board issue a license to practice acupuncture;
  74-15              (3)  administer an examination that is validated by
  74-16  independent testing professionals for a license to practice
  74-17  acupuncture;
  74-18              (4)  develop requirements for licensure by endorsement
  74-19  of other states;
  74-20              (5)  prescribe the application form for a license to
  74-21  practice acupuncture;
  74-22              (6)  make recommendations on applications for licenses
  74-23  to practice acupuncture;
  74-24              (7)  establish a procedure for reporting and processing
  74-25  complaints relating to the practice of acupuncture under this
  74-26  article;
  74-27              (8)  establish the requirements for a tutorial program
   75-1  for students who have completed at least 48 semester hours of
   75-2  college; and
   75-3              (9)  recommend additional rules as are necessary for
   75-4  the administration and enforcement of this subchapter.
   75-5        (b)  Notwithstanding Subsection (a) of this section, the
   75-6  acupuncture board has no independent rulemaking authority.
   75-7        Sec. 6.06.  LICENSE REQUIRED.  A person may not practice
   75-8  acupuncture in this state unless the person holds a license to
   75-9  practice acupuncture issued by the medical board under this
  75-10  subchapter.
  75-11        Sec. 6.07.  QUALIFICATIONS OF ACUPUNCTURISTS.  (a)  An
  75-12  applicant for a license to practice acupuncture who is not
  75-13  otherwise licensed under this subchapter must pass an examination
  75-14  approved by the acupuncture board.
  75-15        (b)  To be eligible for the examination, an applicant must:
  75-16              (1)  be at least 21 years of age;
  75-17              (2)  have completed at least 48 semester hours of
  75-18  college courses, including basic science courses as determined by
  75-19  the advisory board; and
  75-20              (3)  be a graduate of an acceptable acupuncture school
  75-21  whose entrance requirements and course of instruction meet
  75-22  standards set by the acupuncture board.
  75-23        (c)  A reputable acupuncture school must:
  75-24              (1)  maintain a resident course of instruction
  75-25  equivalent to not less than six terms of four months each for a
  75-26  total of not less than 1,800 instructional hours;
  75-27              (2)  provide supervised patient treatment for at least
   76-1  two terms of the resident course of instruction;
   76-2              (3)  maintain a course of instruction in
   76-3  anatomy-histology, bacteriology, physiology, symptomatology,
   76-4  pathology, meridian and point locations, hygiene, and public
   76-5  health; and
   76-6              (4)  have the necessary teaching force and facilities
   76-7  for proper instruction in required subjects.
   76-8        (d)  In establishing standards for the entrance requirements
   76-9  and course of instruction of an acupuncture school, the acupuncture
  76-10  board may consider the standards set by the National Accreditation
  76-11  Commission for Schools and Colleges of Acupuncture and Oriental
  76-12  Medicine.
  76-13        (e)  The examination shall be conducted on practical and
  76-14  theoretical acupuncture and other subjects required by the
  76-15  acupuncture board.
  76-16        (f)  An application for examination must be:
  76-17              (1)  in writing on a form prescribed by the acupuncture
  76-18  board;
  76-19              (2)  verified by affidavit;
  76-20              (3)  filed with the executive director of the medical
  76-21  board; and
  76-22              (4)  accompanied by a fee set by the medical board.
  76-23        (g)  The medical board shall notify all applicants of the
  76-24  time and place of the examination.
  76-25        (h)  The examination may be in writing, by a practical
  76-26  demonstration of the applicant's skill, or both, as the acupuncture
  76-27  board may require.
   77-1        Sec. 6.08.  ASSISTANCE BY MEDICAL BOARD.  The medical board
   77-2  shall provide administrative and clerical employees as necessary to
   77-3  enable the acupuncture board to carry out this subchapter.
   77-4        Sec. 6.09.  FEES.  (a)  The medical board shall set and
   77-5  collect fees in amounts that are reasonable and necessary to cover
   77-6  the costs of administering and enforcing this subchapter without
   77-7  the use of any other funds generated by the medical board.
   77-8        (b)  Fees collected by the medical board under this
   77-9  subchapter shall be deposited by the medical board in the state
  77-10  treasury to the credit of an account in the general revenue fund
  77-11  and may be expended to cover the costs of administering and
  77-12  enforcing this subchapter.  At the end of each fiscal biennium, the
  77-13  comptroller shall transfer any surplus money remaining in the
  77-14  account to the general revenue fund.
  77-15        Sec. 6.10.  ISSUANCE OF LICENSE.  (a)  After consulting the
  77-16  acupuncture board, the medical board shall issue a license to
  77-17  practice acupuncture in this state to a person who meets the
  77-18  requirements of this subchapter and the rules adopted under this
  77-19  subchapter.
  77-20        (b)  The medical board shall by rule provide for the annual
  77-21  renewal of a license to practice acupuncture.
  77-22        Sec. 6.11.  DENIAL OF LICENSE; DISCIPLINE OF LICENSE HOLDER.
  77-23  (a)  A license to practice acupuncture may be denied or, after
  77-24  notice and hearing, suspended, probated, or revoked if the
  77-25  applicant for a license or the holder of a license:
  77-26              (1)  uses drugs or intoxicating liquors to an extent
  77-27  that affects the person's professional competence;
   78-1              (2)  obtains or attempts to obtain a license by fraud
   78-2  or deception;
   78-3              (3)  is adjudged mentally incompetent by a court of
   78-4  competent jurisdiction;
   78-5              (4)  practices acupuncture in a manner detrimental to
   78-6  the public health and welfare;
   78-7              (5)  violates this subchapter or a rule adopted under
   78-8  this subchapter;
   78-9              (6)  is convicted of a felony or a crime involving
  78-10  moral turpitude; or
  78-11              (7)  holds himself out as a physician or surgeon or any
  78-12  combination or derivative of those terms unless the person is also
  78-13  licensed by the medical board as a physician or surgeon.
  78-14        (b)  Except as provided by Subsection (c) of this section, a
  78-15  license to practice acupuncture shall be denied or, after notice
  78-16  and hearing, revoked if the holder of a license has performed
  78-17  acupuncture on a person who was not evaluated by a physician or
  78-18  dentist, as appropriate, for the condition being treated within six
  78-19  months before the date acupuncture was performed.
  78-20        (c)  The holder of a license may perform acupuncture on a
  78-21  person who was referred by a doctor licensed to practice
  78-22  chiropractic by the Texas Board of Chiropractic Examiners if the
  78-23  licensee commences the treatment within 30 days of the date of the
  78-24  referral.  The licensee shall refer the person to a physician after
  78-25  performing acupuncture 20 times or for 30 days, whichever occurs
  78-26  first, if no substantial improvement occurs in the person's
  78-27  condition for which the referral was made.
   79-1        (d)  The holder of a license must obtain reasonable
   79-2  documentation that the evaluation required by Subsection (b) of
   79-3  this section has taken place.  If the licensee is unable to
   79-4  determine that an evaluation has taken place, the licensee must
   79-5  obtain a written statement signed by the person on a form
   79-6  prescribed by the acupuncture board that states that the person has
   79-7  been evaluated by a physician within the prescribed time frame.
   79-8  The form shall contain a clear statement that the person should be
   79-9  evaluated by a physician for the condition being treated by the
  79-10  licensee.
  79-11        (e)  The medical board with advice from the acupuncture board
  79-12  by rule may modify the requirement of the time frame or the scope
  79-13  of the evaluation under Subsection (b) of this section.
  79-14        (f)  The medical board with advice from the acupuncture board
  79-15  by rule may modify the requirement of the time frame for
  79-16  commencement of treatment after referral by a chiropractor or the
  79-17  number of treatments or days before referral to a physician is
  79-18  required under Subsection (c) of this section.
  79-19        (g)  Notwithstanding Subsections (b) and (c) of this section,
  79-20  an acupuncturist holding a current and valid license may without a
  79-21  referral from a physician, dentist, or chiropractor perform
  79-22  acupuncture on a person for smoking addiction, weight loss, or, as
  79-23  established by the medical board with advice from the acupuncture
  79-24  board by rule, substance abuse.
  79-25        Sec. 6.12.  OFFENSE.  (a)  A person commits an offense if the
  79-26  person violates Section 6.06 of this Act.
  79-27        (b)  An offense under Subsection (a) of this section is a
   80-1  Class A misdemeanor.
   80-2        (c)  Each day of a violation constitutes a separate offense.
   80-3        Sec. 6.13.  INJUNCTIVE RELIEF; CIVIL PENALTY.  (a)  The
   80-4  medical board, the attorney general, or a district or county
   80-5  attorney may bring a civil action to compel compliance with this
   80-6  subchapter or to enforce a rule adopted under this subchapter.
   80-7        (b)  In addition to injunctive relief or any other remedy
   80-8  provided by law, a person who violates this subchapter or a rule
   80-9  adopted under this subchapter is liable to the state for a civil
  80-10  penalty in an amount not to exceed $2,000 for each violation.  Each
  80-11  day a violation continues or occurs is a separate violation for
  80-12  purposes of imposing a civil penalty.  The attorney general, at the
  80-13  request of the medical board or on the attorney general's own
  80-14  initiative, may bring a civil action to collect a civil penalty
  80-15  under this subsection.  A civil penalty recovered shall be
  80-16  deposited to the credit of the general revenue fund.
  80-17        Sec. 6.14.  AUTOMATIC LICENSURE.  (a)  With the approval of
  80-18  the medical board, the acupuncture board shall establish
  80-19  appropriate and reasonable requirements to determine those persons
  80-20  practicing acupuncture on the effective date of this subchapter who
  80-21  are eligible for immediate approval for a license to practice
  80-22  acupuncture under this section.
  80-23        (b)  This section only applies to a person who meets the
  80-24  requirements for immediate licensure under this section and who
  80-25  applies for immediate approval on or before June 1, 1994.
  80-26        (c)  This section expires June 2, 1994.
  80-27        SECTION 38.  Subsection (a), Section 19, Texas Medical
   81-1  Physics Practice Act (Article 4512n, Vernon's Texas Civil
   81-2  Statutes), is amended to read as follows:
   81-3        (a)  The board may issue a license to practice medical
   81-4  physics in this state, without an examination, to a person who,
   81-5  before September 1, 1994, is a resident of this state and:
   81-6              (1)  has an earned bachelor's, master's, or doctoral
   81-7  degree from an accredited college or university that signifies the
   81-8  completion of courses approved by the board in physics, medical
   81-9  physics, biophysics, radiological physics, medical health physics,
  81-10  or nuclear engineering and demonstrated to the board's satisfaction
  81-11  the completion of at least two years of full-time work experience
  81-12  in the five years preceding January 1, 1993, <the effective date of
  81-13  this Act> in the medical physics specialty for which application is
  81-14  made; or
  81-15              (2)  has completed a training course approved by the
  81-16  board in physics, medical physics, biophysics, radiological
  81-17  physics, or medical health physics and demonstrated to the board's
  81-18  satisfaction the completion of at least 10 years of full-time work
  81-19  experience in the 12 years preceding January 1, 1993, <the
  81-20  effective date of this Act> in the medical physics specialty for
  81-21  which application is made.
  81-22        SECTION 39.  (a)  As soon as possible on or after the
  81-23  effective date of this Act, the governor shall appoint three new
  81-24  public members to the Texas State Board of Medical Examiners to
  81-25  achieve the membership plan established by Section 2.05, Medical
  81-26  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), as
  81-27  amended by this Act.  In making the appointments, the governor
   82-1  shall designate one new member for a term expiring April 13, 1995,
   82-2  one new member for a term expiring April 13, 1997, and one new
   82-3  member for a term expiring April 13, 1999.
   82-4        (b)  The changes in law made by this Act in the
   82-5  qualifications of, and the prohibitions applying to, members of the
   82-6  Texas State Board of Medical Examiners do not affect the
   82-7  entitlement of a member serving on the board immediately before the
   82-8  effective date of this Act to continue to carry out the functions
   82-9  of the board for the remainder of the member's term.  The changes
  82-10  in law apply only to a member appointed on or after the effective
  82-11  date of this Act.  This Act does not prohibit a person who is a
  82-12  member of the board on the effective date of this Act from being
  82-13  reappointed to the board if the person has the qualifications
  82-14  required for a member under the Medical Practice Act (Article
  82-15  4495b, Vernon's Texas Civil Statutes), as amended by this Act.
  82-16        (c)  The changes in law made by this Act relating to an
  82-17  administrative penalty or civil penalty apply only to a violation
  82-18  of the Medical Practice Act (Article 4495b, Vernon's Texas Civil
  82-19  Statutes) or a rule or order adopted by the Texas State Board of
  82-20  Medical Examiners that occurs on or after the effective date of
  82-21  this Act.  A violation occurs on or after the effective date of
  82-22  this Act only if each element of the violation occurs on or after
  82-23  that date.  A violation that occurs before the effective date of
  82-24  this Act is governed by the law in effect on the date the violation
  82-25  occurred, and the former law is continued in effect for that
  82-26  purpose.
  82-27        (d)  A person is not required to obtain a license to practice
   83-1  acupuncture under Subchapter F, Medical Practice Act (Article
   83-2  4495b, Vernon's Texas Civil Statutes),  as added by this Act, until
   83-3  June 1, 1994.
   83-4        (e)  The Texas State Board of Medical Examiners shall adopt
   83-5  rules under Subchapter F, Medical Practice Act (Article 4495b,
   83-6  Vernon's Texas Civil Statutes), as added by this Act, not later
   83-7  than February 1, 1994.
   83-8        (f)  Not later than January 1, 1994, the governor shall make
   83-9  initial appointments to the Texas State Board of Acupuncture
  83-10  Examiners and shall designate three members for terms expiring
  83-11  January 31, 1995, three members for terms expiring January 31,
  83-12  1997, and three members for terms expiring January 31, 1999.
  83-13        (g)  Notwithstanding other provisions of this Act, Sections
  83-14  6.06 and 6.12 of the Medical Practice Act (Article 4495b, Vernon's
  83-15  Texas Civil Statutes), as added by this Act, take effect June 1,
  83-16  1994.
  83-17        SECTION 40.  This Act takes effect September 1, 1993.
  83-18        SECTION 41.  The importance of this legislation and the
  83-19  crowded condition of the calendars in both houses create an
  83-20  emergency and an imperative public necessity that the
  83-21  constitutional rule requiring bills to be read on three several
  83-22  days in each house be suspended, and this rule is hereby suspended.