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.