BILL ANALYSIS Public Health Committee By: Nixon (Sadler) 03-28-95 Committee Report (Unamended) BACKGROUND Under the current interpretation of the Texas Medical Practice Act, a required condition of licensure is that all applicants' U.S. medical educations be accredited by a body recognized by the U.S. Department of Education or the Council on Postsecondary Accreditation. The Texas State Board of Medical Examiners (the Board) has been notifying each affected candidate that documentation of an accredited clerkship must be presented to qualify for licensure in Texas. A reliable accrediting authority for allopathic undergraduate medical education in the United States, the Liaison Committee on Medical Education, never has accredited clerkships but has only accredited whole programs of education leading to the medical degree, such as medical school programs. Moreover, the Council on Postsecondary Education, an accrediting body for medical education, has been out of business for two years. Some states, such as California, have medical examination boards which do recognize unaccredited clerkships and allow the physicians to qualify for licensure. PURPOSE S.B. 323 clarifies certain medical educational standards and permits flexibility in licensing physicians who demonstrate high training skills. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends subsections (a) and (d) and adds subsection (f) to Section 3.04 of the Medical Practice Act, (Article 4495b, Vernon's Texas Civil Statutes) as follows: (a)(4) Adds graduation from an osteopathic school to the criteria qualifying an applicant for a medical license. (d) Requires all "medical," rather than "allopathic," education received by an applicant to be accredited by an accrediting body recognized by the U.S. Department of Education (department), rather than by the department and the Council of Postsecondary Accreditation. Provides that this subsection does not apply to postgraduate medical education or training. (f) Provides that an applicant who is unable to comply with the requirements of subsection (d) is eligible for an unrestricted license if the applicant: (1) received medical education in a hospital or teaching institution with a graduate medical education program accredited by the Accrediting Council for Graduate Medical Education, the American Osteopathic Association, or the Texas State Board of Medical Examiners in the same subject as the medical or osteopathic medical education if the hospital or teaching institution has an agreement with the applicant's school; or (2) is specialty board certified by a board approved by the American Osteopathic Association or the American Board of Medical Specialties. SECTION 2. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 323 was considered by the Public Health Committee in a public hearing on March 28, 1995. The following person testified in favor of the bill: Ace Pickens, representing self and several physicians. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 Ayes, 0 Nays, 0 PNV, and 2 Absent.