LSL S.B. 1295 75(R)    BILL ANALYSIS


PUBLIC HEALTH
S.B. 1295
By: Cain (Berlanga)
4-30-97
Committee Report (Unamended)


BACKGROUND 

There are 5 ways a person can become a medical doctor - exam, reciprocity,
endorsement, recognition of a foreign medical school graduate, and as a
Fifth Pathway student. 

The statutory provision that authorized the Texas State Board of Medical
Examiners (board) to license qualified Fifth Pathway certificate holders
was repealed in the last legislative session on the basis that the Fifth
Pathway was not being utilized by Texans who were training in foreign
medical schools.  However, research over the interim has shown that the
program is, in fact, in use.  Although Fifth Pathway programs no longer
provide a large stream of physicians into the U.S. workforce, there are
still several programs in operation. 

This legislation would restore the statutory language previously in effect
and reauthorize the board to license qualified Fifth Pathway certificate
holders in order to allow Texans who successfully completed a Fifth
Pathway program to return to Texas to practice medicine.   
 
PURPOSE

S.B. 1295 establishes the licensure of certain international medical
students who have successfully completed a Fifth Pathway program. 

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 Medical Practice Act (Article 4495b, V.T.C.S.), by
adding Section 3.041, as follows: 

Sec. 3.041.  Requires an applicant who has been a student of a foreign
medical school, to be eligible for the issuance of a license, to present
satisfactory proof to the board that the applicant has met certain
requirements.  Provides that satisfaction of the requirements of this
section are in lieu of the completion of any requirements of the foreign
medical school beyond the completion of the didactic work.  Requires
satisfaction of the requirements in Subsection (a) to be in lieu of
certification by the Educational Commission for Foreign Medical Graduates,
and provides that certification is not a condition of licensure to
practice medicine in this state for those candidates.  Prohibits certain
hospitals from requiring an individual who has been a student of a foreign
medical school but has not graduated from the school to satisfy certain
requirements prior to commencing an internship or residency.  Sets forth
the terms by which certain documents are required to be considered the
equivalent of a degree of doctor of medicine or doctor of osteopathy for
purposes of licensure.  

SECTION 2. Emergency clause. 
  Effective date:  upon passage.