75R13418 JMM-F
By Cain S.B. No. 1699
Substitute the following for S.B. No. 1699:
By Berlanga C.S.S.B. No. 1699
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas State Board of Medical Examiners and the
1-3 licensure of physicians; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.09, Medical Practice Act (Article
1-6 4495b, Vernon's Texas Civil Statutes), is amended by amending
1-7 Subsections (d), (h), (k), and (t) and adding Subsection (bb) to
1-8 read as follows:
1-9 (d) The board shall preserve a record of its proceedings
1-10 which shall be a public record. [The board shall also maintain
1-11 records showing the name, age, place, and duration of residence of
1-12 each applicant, the time spent in medical study in respective
1-13 medical schools, and the years and schools from which degrees were
1-14 granted.] The record shall [also] show whether applicants were
1-15 denied [rejected] or licensed and shall be prima facie evidence of
1-16 all matters contained in the record. A certified copy of those
1-17 permanent records, with the hand and seal of the executive director
1-18 [secretary-treasurer] of the board, shall be admitted in evidence
1-19 in all courts.
1-20 (h) The board may receive criminal records or reports from
1-21 any law enforcement agency or source pertaining to its licensees or
1-22 any applicant for license. The board may [shall] submit to the
1-23 Department of Public Safety a complete set of fingerprints of every
1-24 applicant for a license, and the Department of Public Safety shall
2-1 cause them to be classified and checked against those in their
2-2 fingerprint files and shall [forthwith] certify their findings
2-3 concerning the criminal record of the applicant or shall report the
2-4 lack of a criminal record, as the case may be, to the board. All
2-5 criminal records and reports received from the Department of Public
2-6 Safety shall be for the exclusive use of the board and shall be
2-7 privileged and shall not be released or otherwise disclosed to any
2-8 person or agency by the board except on court order. [Any
2-9 applicant for licensure or any licensee whose license is subject to
2-10 revocation, cancellation, or suspension because of adverse
2-11 information contained in the criminal records or reports shall be
2-12 afforded the opportunity for a hearing before the board prior to
2-13 any action on the application for license or revocation,
2-14 cancellation, or suspension of license.]
2-15 (k) The board by rule shall establish reasonable and
2-16 necessary fees so that the fees, in the aggregate, produce
2-17 sufficient revenue to cover the cost of administering this Act.
2-18 The fees set by the board may be adjusted so that the total fees
2-19 collected shall be sufficient to meet the expenses of administering
2-20 this Act. The board may not set a fee for an amount less than the
2-21 amount of that fee on September 1, 1993. The board may not waive
2-22 collection of any fee or penalty. The board shall place all fees
2-23 received under authority of this Act[, not otherwise specified,
2-24 into the medical licensing fund] in the state treasury. The board
2-25 is authorized and shall by annual budget determine the manner of
2-26 handling the funds and the purpose, consistent with this Act, for
2-27 which the same may be used. The budgeted expenses authorized by
3-1 the board shall be paid out of funds received by the board and are
3-2 not a charge upon the general revenue of the state.
3-3 (t) The board shall on request of a licensee issue
3-4 certification on endorsement of its license to other states and
3-5 charge a reasonable fee for the issuance. The board shall on
3-6 request of a licensee issue certification of state board
3-7 examination grades to the Federation of State Medical Boards of the
3-8 United States and charge a reasonable fee for the issuance.
3-9 (bb) The executive director of the board shall file a surety
3-10 bond with the board. The bond shall be in an amount not less than
3-11 $10,000, be in compliance with the insurance laws of the state, and
3-12 be payable to the state for the use of the state if the executive
3-13 director does not faithfully discharge the duties of the office.
3-14 The board shall pay the premium on the bond.
3-15 SECTION 2. Sections 3.01, 3.02, 3.03, 3.04, and 3.05,
3-16 Medical Practice Act (Article 4495b, Vernon's Texas Civil
3-17 Statutes), are amended to read as follows:
3-18 Sec. 3.01. ANNUAL REGISTRATION OF PHYSICIANS [PRACTITIONERS
3-19 AND INTERNS]. (a) All persons now lawfully qualified to practice
3-20 medicine in this state or hereafter licensed for the practice of
3-21 medicine by the board shall register annually as practitioners with
3-22 the board. The initial annual registration permit shall be issued
3-23 with the license.
3-24 (b) The annual registration permit fee as established by
3-25 board rule shall apply to all physicians licensed by the board,
3-26 whether or not they are practicing within the borders of this
3-27 state, except retired physicians as provided by rules of the board.
4-1 (c) A physician licensed by the board whose only practice is
4-2 voluntary charity care is exempt from the annual registration
4-3 permit fee as provided by rules of the board.
4-4 (d) The board shall mail an annual registration permit
4-5 renewal application to each practitioner at the practitioner's
4-6 last known address according to the records of the board at least
4-7 30 days prior to the expiration date of the annual registration
4-8 permit.
4-9 (e) The board shall provide for a 30-day grace period for
4-10 renewing the annual registration permit from the date of the
4-11 expiration of the annual registration permit.
4-12 (f) A licensee may renew his or her annual registration
4-13 permit by submitting to the board, on or before the expiration date
4-14 of the annual registration permit, the required renewal application
4-15 and renewal fee. Each annual registration permit renewal
4-16 application shall include the name and mailing address of the
4-17 licensee, the place or places where the licensee is engaged in the
4-18 practice of medicine, and other necessary information prescribed by
4-19 the board.
4-20 (g) If the licensee is licensed for the practice of medicine
4-21 by another state, the District of Columbia, a territory of the
4-22 United States, Canada, any other country, or the uniformed services
4-23 of the United States, the renewal application must include a
4-24 description of any investigations the licensee knows are in
4-25 progress and of any sanctions imposed by or disciplinary matters
4-26 pending in the state, district, territory, country, or service.
4-27 (h) On receipt of a renewal application and all required
5-1 fees, the board, after ascertaining, either from the records of the
5-2 board or from other sources considered by it to be reliable, that
5-3 the applicant is a licensed practitioner of medicine in this state,
5-4 shall issue to the licensee an annual registration permit
5-5 certifying that the licensee has filed the renewal application, has
5-6 paid the annual registration permit fee for the year in question,
5-7 and has completed the requirements for annual registration.
5-8 (i) If a licensee's annual registration permit has been
5-9 expired for 90 days or less, the licensee may renew his or her
5-10 annual registration permit by submitting to the board the required
5-11 renewal application, renewal fee, and a $50 penalty fee.
5-12 (j) If a licensee's annual registration permit has been
5-13 expired for longer than 90 days but less than one year, the
5-14 licensee may renew his or her annual registration permit by
5-15 submitting to the board the required renewal application, renewal
5-16 fee, and a $100 penalty fee.
5-17 (k) If a licensee's annual registration permit has been
5-18 expired for one year or longer, his or her license is considered to
5-19 have been canceled, and the licensee may not renew his or her
5-20 annual registration permit.
5-21 (l) Each physician whose license is considered canceled may
5-22 obtain a new license by submitting to reexamination and complying
5-23 with the requirements, fees, and procedures for obtaining a
5-24 license. The board may issue a new license without examination to
5-25 a person whose license is considered canceled for less than two
5-26 years.
5-27 (m) The board by rule may adopt a system under which annual
6-1 registration permits expire on various dates during the year. For
6-2 the year in which the expiration date is changed, annual
6-3 registration permit fees shall be prorated. On renewal of the
6-4 annual registration on the new expiration date, the total annual
6-5 registration permit fee is payable.
6-6 (n) The filing of the renewal application, the payment of
6-7 the required fees, and the issuance of the permit shall not entitle
6-8 the holder to practice medicine in Texas unless the holder has been
6-9 previously licensed as a practitioner by the board, as prescribed
6-10 by law, and the license to practice medicine is in full force and
6-11 effect. In any prosecution for the unlawful practice of medicine,
6-12 the annual registration permit required by this Act may not be
6-13 treated as evidence that the holder is lawfully entitled to
6-14 practice medicine.
6-15 (o) Practicing medicine as defined in this Act without an
6-16 annual registration permit for the current year as provided in this
6-17 Act has the same force and effect as and is subject to all
6-18 penalties of practicing medicine without a license. [All persons
6-19 now lawfully qualified to practice medicine in this state, or who
6-20 are hereafter licensed for the practice of medicine by the board,
6-21 shall be registered as practitioners with the board on or before
6-22 the first day of January and thereafter shall register in like
6-23 manner annually, on or before the first day of January of each
6-24 succeeding year. Each person so registered with the board shall
6-25 pay, in connection with each annual registration and for the
6-26 receipt hereinafter provided for, a fee established by the board
6-27 which fee shall accompany the application of each person for
7-1 registration. The payment shall be made to the board. Every
7-2 person so registered shall file with the board a written
7-3 application for annual registration, setting forth his name and
7-4 mailing address, the place or places where the applicant is engaged
7-5 in the practice of medicine, and other necessary information
7-6 prescribed by the board. If the person is licensed for the
7-7 practice of medicine by another state, the District of Columbia, a
7-8 territory of the United States, Canada, any other country, or the
7-9 uniformed services of the United States, the application must
7-10 include a description of any investigations the person knows are in
7-11 progress and of any sanctions imposed by or disciplinary matters
7-12 pending in the state, district, territory, country, or service.]
7-13 [(b) Physicians not otherwise licensed by the board who are
7-14 participating in graduate medical education training programs
7-15 approved by the board may be issued institutional permits as
7-16 provided by rules of the board. A reasonable fee shall be charged
7-17 and deposited into the medical registration fund. This permit does
7-18 not authorize the performance of medical acts except as the acts
7-19 are performed as a part of graduate medical education programs and
7-20 under the supervision of a licensed practitioner of medicine.]
7-21 [(c)(1) A person may renew an unexpired license by paying to
7-22 the board on or before the expiration date of the license the
7-23 required renewal fee.]
7-24 [(2) If a person's license has been expired for 90
7-25 days or less, the person may renew the license by paying to the
7-26 board the required renewal fee and a fee that is one-half of the
7-27 annual registration fee as established by the board under Section
8-1 3.10(b)(7) of this Act.]
8-2 [(3) If a person's license has been expired for longer
8-3 than 90 days but less than one year, the person may renew the
8-4 license by paying to the board all unpaid renewal fees and a fee
8-5 that is equal to the annual registration fee as established by the
8-6 board under Section 3.10(b)(7) of this Act.]
8-7 [(4) If a person's license has been expired for one
8-8 year, it is considered to have been canceled, unless an
8-9 investigation is pending, and the person may not renew the license.
8-10 The person may obtain a new license by submitting to reexamination
8-11 and complying with the requirements and procedures for obtaining an
8-12 original license.]
8-13 [(5) The board may renew without examination an
8-14 expired license of a person who was licensed in this state, moved
8-15 to another state, and is currently licensed and has been in
8-16 practice in the other state for not more than two years preceding
8-17 application. The person must pay to the board a fee that is equal
8-18 to the examination fee for the license.]
8-19 [(6) The board shall provide written notice to each
8-20 practitioner at the practitioner's last known address according to
8-21 the records of the board at least 30 days prior to the expiration
8-22 date of a license and shall provide for a 30-day grace period for
8-23 payment of the annual registration fee from the date of the
8-24 expiration of the license.]
8-25 [(d) Practicing medicine as defined in this Act without an
8-26 annual registration receipt for the current year as provided in
8-27 this Act has the same force and effect as and is subject to all
9-1 penalties of practicing medicine without a license.]
9-2 [(e) On receipt of an application, accompanied by the proper
9-3 registration fee, the board, after ascertaining, either from the
9-4 records of the board or from other sources considered by it to be
9-5 reliable, that the applicant is a licensed practitioner of medicine
9-6 in this state, shall issue to the applicant an annual registration
9-7 receipt certifying that the applicant has filed the application and
9-8 has paid the registration fee for the year in question. The filing
9-9 of the application, the payment of the registration fee, and the
9-10 issuance of the receipt shall not entitle the holder to practice
9-11 medicine in Texas unless he has in fact been previously licensed as
9-12 a practitioner by the board, as prescribed by law, and unless the
9-13 license to practice medicine is in full force and effect. In any
9-14 prosecution for the unlawful practice of medicine the receipt
9-15 showing payment of the annual registration fee required by this Act
9-16 may not be treated as evidence that the holder is lawfully entitled
9-17 to practice medicine.]
9-18 [(f) The executive director of the board shall file a surety
9-19 bond with the board. The bond shall be in an amount not less than
9-20 $10,000, be in compliance with the insurance laws of the state, and
9-21 be payable to the state for the use of the state if the executive
9-22 director does not faithfully discharge the duties of the office.
9-23 The board shall pay the premium on the bond.]
9-24 [(g) The annual registration fee shall apply to all persons
9-25 licensed by the board, whether or not they are practicing within
9-26 the borders of this state, except retired physicians as provided by
9-27 rules of the board. A retired physician licensed by the board
10-1 whose only practice is voluntary charity care is exempt from the
10-2 annual registration fee.]
10-3 [(h) The executive director shall review each application
10-4 for licensure by examination or reciprocity and shall recommend to
10-5 the board all applicants eligible for licensure. The executive
10-6 director also shall report to the board the names of all applicants
10-7 determined to be ineligible for licensure, together with the
10-8 reasons for each recommendation. An applicant deemed ineligible
10-9 for licensure by the executive director may request review of such
10-10 recommendation by a committee of the board within 20 days of
10-11 receipt of such notice, and the executive director may refer any
10-12 application to said committee for a recommendation concerning
10-13 eligibility. If the committee finds the applicant ineligible for
10-14 licensure, such recommendation, together with the reasons therefor,
10-15 shall be submitted to the board unless the applicant requests a
10-16 hearing within 20 days of receipt of notice of the committee's
10-17 determination. The hearing shall be before an administrative law
10-18 judge of the State Office of Administrative Hearings and shall
10-19 comply with the Administrative Procedure Act and its subsequent
10-20 amendments and the rules of the State Office of Administrative
10-21 Hearings and the board. The committee may refer any application
10-22 for determination of eligibility to the full board. The board
10-23 shall, after receiving the administrative law judge's proposed
10-24 findings of fact and conclusions of law, determine the eligibility
10-25 of the applicant for licensure. A physician whose application for
10-26 licensure is denied by the board shall receive a written statement
10-27 containing the reasons for the board's action. All reports
11-1 received or gathered by the board on each applicant are
11-2 confidential and are not subject to disclosure under the Open
11-3 Records Law. The board may disclose such reports to appropriate
11-4 licensing authorities in other states.]
11-5 Sec. 3.02. INSTITUTIONAL PERMITS [RENEWALS]. Physicians not
11-6 otherwise licensed by the board who are participating in graduate
11-7 medical education training programs approved by the board may be
11-8 issued institutional permits as provided by rules of the board.
11-9 This permit does not authorize the performance of medical acts
11-10 except as the acts are performed as a part of graduate medical
11-11 education training programs and under the supervision of a licensed
11-12 practitioner of medicine. [(a) On application on forms provided
11-13 by the board for this purpose and receipt of renewal fees, licenses
11-14 shall be renewed annually by the board.]
11-15 [(b) The board by rule may adopt a system under which
11-16 registrations expire on various dates during the year. The date
11-17 for license cancellation due to nonpayment shall be adjusted
11-18 accordingly. For the year in which the expiration date is changed,
11-19 registration fees payable on or before January 1 shall be prorated
11-20 on a monthly basis so that each registrant shall pay only that
11-21 portion of the registration fee which is allocable to the number of
11-22 months during which the registration is valid. On renewal of the
11-23 registration on the new expiration date, the total registration fee
11-24 is payable.]
11-25 Sec. 3.03. LICENSURE OF PHYSICIANS [RECIPROCAL AGREEMENTS].
11-26 (a) The board, at its sole discretion, may grant a license to
11-27 practice medicine to any physician who qualifies under this Act.
12-1 (b) An application for a license must be in writing and on
12-2 forms prescribed by the board.
12-3 (c) The application forms must be accompanied by all fees,
12-4 documents, and photographs required by board rule.
12-5 (d) Applicants for a license must subscribe to an oath in
12-6 writing before an officer authorized by law to administer oaths.
12-7 The written oath is a part of the application.
12-8 (e) An applicant may not have:
12-9 (1) a medical license that is currently restricted,
12-10 canceled, suspended, or revoked in a state of the United States, a
12-11 province of Canada, or a uniformed service of the United States;
12-12 (2) an investigation or a proceeding instituted
12-13 against the applicant for the restriction, cancellation,
12-14 suspension, or revocation in a state of the United States, a
12-15 province of Canada, or a uniformed service of the United States; or
12-16 (3) a prosecution pending against the applicant in any
12-17 state, federal, or Canadian court for any offense that under the
12-18 laws of this state is a felony or a misdemeanor that involves moral
12-19 turpitude.
12-20 (f) An applicant must present satisfactory proof to the
12-21 board that each medical school attended is substantially equivalent
12-22 to a Texas medical school as determined by board rule.
12-23 (g) An applicant who is a graduate of a medical school that
12-24 is located outside the United States and Canada must present
12-25 satisfactory proof to the board that the applicant:
12-26 (1) is a graduate of a school whose curriculum meets
12-27 the requirements for an unapproved medical school as determined by
13-1 a committee of experts selected by the Texas Higher Education
13-2 Coordinating Board;
13-3 (2) has successfully completed three years of graduate
13-4 medical training in the United States or Canada that was approved
13-5 by the board;
13-6 (3) is eligible for licensure to practice medicine in
13-7 the country in which the school is located except for any
13-8 citizenship requirements;
13-9 (4) possesses a valid certificate issued by the
13-10 Educational Commission for Foreign Medical Graduates; and
13-11 (5) has the ability to communicate in the English
13-12 language.
13-13 (h) All medical or osteopathic medical education received by
13-14 the applicant in the United States must be accredited by an
13-15 accrediting body officially recognized by the United States
13-16 Department of Education as the accrediting body for medical
13-17 education leading to the doctor of medicine degree or the doctor of
13-18 osteopathy degree in the United States. This subsection does not
13-19 apply to postgraduate medical education or training.
13-20 (i) An applicant who is unable to comply with the
13-21 requirements of Subsection (h) of this section may be eligible for
13-22 an unrestricted license if the applicant:
13-23 (1) received medical education in a hospital or
13-24 teaching institution sponsoring or participating in a program of
13-25 graduate medical education accredited by the Accrediting Council
13-26 for Graduate Medical Education, the American Osteopathic
13-27 Association, or the board in the same subject as the medical or
14-1 osteopathic medical education as defined by board rule; or
14-2 (2) is specialty board certified by a board approved
14-3 by the American Osteopathic Association or the American Board of
14-4 Medical Specialties.
14-5 (j)(1) The executive director shall review each application
14-6 for licensure and shall recommend to the board all applicants
14-7 eligible for licensure. The executive director also shall report
14-8 to the board the names of all applicants determined to be
14-9 ineligible for licensure, together with the reasons for each
14-10 recommendation.
14-11 (2) An applicant deemed ineligible for licensure by
14-12 the executive director may request review of such recommendation by
14-13 a committee of the board within 20 days of receipt of such notice,
14-14 and the executive director may refer any application to the
14-15 committee for a recommendation concerning eligibility.
14-16 (3) If the committee finds the applicant ineligible
14-17 for licensure, such recommendation, together with the reasons for
14-18 the recommendation, shall be submitted to the board unless the
14-19 applicant requests a hearing within 20 days of receipt of notice of
14-20 the committee's determination.
14-21 (A) The hearing shall be before an
14-22 administrative law judge of the State Office of Administrative
14-23 Hearings and shall comply with the Administrative Procedure Act and
14-24 the rules of the State Office of Administrative Hearings and the
14-25 board.
14-26 (B) The committee may refer any application for
14-27 determination of eligibility to the full board.
15-1 (4) The board shall, after receiving the
15-2 administrative law judge's proposed findings of fact and
15-3 conclusions of law, determine the eligibility of the applicant for
15-4 licensure. A physician whose application for licensure is denied
15-5 by the board shall receive a written statement containing the
15-6 reasons for the board's action.
15-7 (k) Examination questions that may be used in the future,
15-8 examinations other than the one taken by the person requesting it,
15-9 and deliberations and records relating to the professional
15-10 character and fitness of applicants are exempted from the open
15-11 meetings law and the open records law.
15-12 (l) All reports received or gathered by the board on each
15-13 applicant are confidential and are not subject to disclosure under
15-14 the open records law. The board may disclose such reports to
15-15 appropriate licensing authorities in other states.
15-16 (m) In addition to the requirements prescribed by this Act,
15-17 the board may require applicants to comply with other requirements
15-18 that the board considers appropriate. [The board, at its sole
15-19 discretion and upon payment by an applicant of a fee prescribed by
15-20 the board under this Act, may grant a license to practice medicine
15-21 to any physician who is a graduate of an acceptable medical college
15-22 as determined by the board and who is a licensee of another state
15-23 or Canadian province having requirements for physician registration
15-24 and practice substantially equivalent to those established by the
15-25 laws of this state.]
15-26 [(b) An application for a license under this section must be
15-27 in writing and upon a form prescribed by the board. The
16-1 application must be accompanied by:]
16-2 [(1) a diploma or photograph of a diploma awarded to
16-3 the applicant by an acceptable medical college and a certified
16-4 transcript showing courses and grades;]
16-5 [(2) a license or a certified copy of a license to
16-6 practice medicine lawfully issued to the applicant by some other
16-7 state or a Canadian province that requires in its examination the
16-8 same general degree of fitness required by this state and that
16-9 grants the same reciprocal privileges to persons licensed by the
16-10 board;]
16-11 [(3) a certification made by the president or
16-12 secretary of the board that issued the license or a duly
16-13 constituted registration office of the state or Canadian province
16-14 that issued the certificate or license, reciting that the
16-15 accompanying certificate or license has not been canceled,
16-16 suspended, or revoked and reciting that the statement of the
16-17 qualifications made in the application for medical license in Texas
16-18 is true and correct; and]
16-19 [(4) evidence of a passing grade on an examination
16-20 required by the board.]
16-21 [(c) Applicants for a license under this section must
16-22 subscribe to an oath in writing before an officer authorized by law
16-23 to administer oaths. The written oath must be a part of the
16-24 application. The application must:]
16-25 [(1) state that:]
16-26 [(A) the license, certificate, or authority
16-27 under which the applicant has most recently practiced medicine in
17-1 the state or Canadian province from which the applicant is
17-2 transferring to this state or in the uniformed service in which the
17-3 applicant served is in full force and not restricted, canceled,
17-4 suspended, or revoked;]
17-5 [(B) the applicant is the identical person to
17-6 whom the certificate or license and the diploma were issued;]
17-7 [(C) no proceeding has been instituted against
17-8 the applicant for the restriction, cancellation, suspension, or
17-9 revocation of the certificate, license, or authority to practice
17-10 medicine in the state, Canadian province, or uniformed service of
17-11 the United States in which it was issued; and]
17-12 [(D) no prosecution is pending against the
17-13 applicant in any state, federal, or Canadian court for any offense
17-14 that under the laws of this state is a felony;]
17-15 [(2) include a description of any sanctions imposed by
17-16 or disciplinary matters pending in the state or Canadian province
17-17 in which the applicant was or is licensed or certified to practice
17-18 medicine; and]
17-19 [(3) include evidence of postgraduate training
17-20 required by the board.]
17-21 [(d) An applicant for a license under this section must be
17-22 eligible for examination by the board.]
17-23 [(e) In addition to other licensure requirements, the board
17-24 may require by rule and regulation that an applicant who is a
17-25 licensee of another state or Canadian province and who is a
17-26 graduate of a medical school located outside of the United States
17-27 and Canada, or the school itself, provide additional information to
18-1 the board concerning the medical school attended prior to approval
18-2 of the applicant.]
18-3 [(f) The board may refuse to issue a license to an applicant
18-4 who is a licensee of another state or Canadian province and who
18-5 graduated from a medical school outside of the United States and
18-6 Canada if it finds that the applicant does not possess the
18-7 requisite qualifications to provide the same standard of medical
18-8 care as provided by a licensed physician in this state.]
18-9 [(g) In addition to the requirements prescribed by this
18-10 section, the board may require applicants to comply with other
18-11 requirements that the board considers appropriate.]
18-12 [(h) The board may not refuse to issue a license to an
18-13 applicant under Subsection (f) of this section if the applicant:]
18-14 [(1) for the preceding five years has been a licensee
18-15 of another state or a Canadian province;]
18-16 [(2) is not the subject of a sanction imposed by or
18-17 disciplinary matter pending in any state or Canadian province in
18-18 which the applicant is licensed to practice medicine; and]
18-19 [(3) is either specialty board certified by a board
18-20 that is a member of the American Board of Medical Specialties or a
18-21 specialty board approved by the American Osteopathic Association or
18-22 successfully passes an examination that the board shall determine
18-23 by rule.]
18-24 Sec. 3.04. QUALIFICATIONS OF LICENSEES [QUALIFICATION OF
18-25 LICENSEE]. An applicant, to be eligible for issuance of a license,
18-26 must present satisfactory proof to the board that the applicant:
18-27 (1) is at least 21 years of age;
19-1 (2) is of good professional character and has not
19-2 violated Section 3.08 of this Act;
19-3 (3) has completed:
19-4 (A) 60 semester hours of college courses other
19-5 than in medical school that are acceptable to The University of
19-6 Texas at Austin for credit on a bachelor of arts degree or a
19-7 bachelor of science degree;
19-8 (B) the entire primary, secondary, and
19-9 premedical education required in the country of medical school
19-10 graduation, if the medical school is located outside the United
19-11 States or Canada; or
19-12 (C) substantially equivalent courses as
19-13 determined by board rule;
19-14 (4) is a graduate of a medical school located inside
19-15 the United States or Canada and approved by the board who has
19-16 successfully completed one year of graduate medical training
19-17 approved by the board in the United States or Canada or is a
19-18 graduate of a medical school located outside the United States or
19-19 Canada who has successfully completed three years of graduate
19-20 medical training approved by the board in the United States or
19-21 Canada;
19-22 (5) has successfully passed within three attempts each
19-23 part of a uniform medical licensing examination; and
19-24 (6) has passed the Texas medical jurisprudence
19-25 examination as determined by board rule. [(a) An applicant, to be
19-26 eligible for the examination and issuance of a license, must
19-27 present satisfactory proof to the board that the applicant:]
20-1 [(1) is at least 21 years of age;]
20-2 [(2) is of good professional character;]
20-3 [(3) has completed 60 semester hours of college
20-4 courses other than in medical school, which courses would be
20-5 acceptable, at the time of completion, to The University of Texas
20-6 for credit on a bachelor of arts degree or a bachelor of science
20-7 degree; and]
20-8 [(4) is a graduate of an acceptable medical or
20-9 osteopathic school or college that was approved by the board at the
20-10 time the degree was conferred and has completed a one-year program
20-11 of graduate medical training approved by the board.]
20-12 [(b) The applicant shall be eligible for examination prior
20-13 to complying with the graduate training requirement of Subsection
20-14 (a)(4) of this section but shall not be eligible for the issuance
20-15 of an unrestricted license until the requirements of Subsection (a)
20-16 of this section have been satisfied.]
20-17 [(c) Applications for examination must be made in writing,
20-18 verified by affidavit, filed with the board on forms prescribed by
20-19 the board, and accompanied by documents and a fee as the board
20-20 determines to be reasonable.]
20-21 [(d) To be recognized by the board for the purposes of this
20-22 subchapter, all medical or osteopathic medical education received
20-23 by the applicant in the United States must be accredited by an
20-24 accrediting body officially recognized by the United States
20-25 Department of Education as the accrediting body for medical
20-26 education leading to the doctor of medicine degree or the doctor of
20-27 osteopathy degree in the United States. This subsection does not
21-1 apply to postgraduate medical education or training.]
21-2 [(f) An applicant who is unable to comply with the
21-3 requirements of Subsection (d) of this section is eligible for an
21-4 unrestricted license if the applicant:]
21-5 [(1) received such medical education in a hospital or
21-6 teaching institution sponsoring or participating in a program of
21-7 graduate medical education accredited by the Accrediting Council
21-8 for Graduate Medical Education, the American Osteopathic
21-9 Association, or the Texas State Board of Medical Examiners in the
21-10 same subject as the medical or osteopathic medical education if the
21-11 hospital or teaching institution has an agreement with the
21-12 applicant's school; or]
21-13 [(2) is specialty board certified by a board approved
21-14 by the American Osteopathic Association or the American Board of
21-15 Medical Specialties.]
21-16 [(g) In addition to the other requirements of this section,
21-17 an applicant who is a graduate of a medical school that is located
21-18 outside the United States and Canada and that was not approved by
21-19 the board at the time the degree was conferred must, in order to be
21-20 eligible for the issuance of a license, present satisfactory proof
21-21 to the board that the applicant:]
21-22 [(1) is a graduate of a school whose curriculum meets
21-23 the requirements for an unapproved medical school as determined by
21-24 a committee of experts selected by the Texas Higher Education
21-25 Coordinating Board;]
21-26 [(2) has successfully completed three years of
21-27 graduate medical training in the United States or Canada that was
22-1 approved by the board on the date the training was completed;]
22-2 [(3) is eligible for licensure to practice medicine in
22-3 the country in which the school is located;]
22-4 [(4) possesses a valid certificate issued by the
22-5 Educational Commission for Foreign Medical Graduates;]
22-6 [(5) has the ability to communicate in the English
22-7 language; and]
22-8 [(6) has passed the examination required by the board
22-9 of all applicants for license as required by Section 3.05 of this
22-10 Act.]
22-11 [(h) The board by rule may establish alternate educational
22-12 prerequisites to those required by Subsection (a)(3) of this
22-13 section for an applicant who graduated from an unapproved medical
22-14 school located outside the United States and Canada.]
22-15 [(i) In addition to other licensure requirements, the board,
22-16 before approving the applicant, may require by rule that a graduate
22-17 of an unapproved medical school located outside the United States
22-18 and Canada or the school of which the person is a graduate provide
22-19 additional information to the board concerning the school.]
22-20 [(j) The board may refuse to issue a license to an applicant
22-21 who graduated from an unapproved medical school located outside the
22-22 United States and Canada if it finds that:]
22-23 [(1) the applicant does not possess the requisite
22-24 qualifications to provide the same standard of medical care as
22-25 provided by a physician licensed in this state; or]
22-26 [(2) the applicant failed to provide the board
22-27 evidence to establish that the applicant completed medical
23-1 education or professional training substantially equivalent to that
23-2 provided by a medical school in this state.]
23-3 Sec. 3.05. EXAMINATIONS ACCEPTED OR ADMINISTERED
23-4 [EXAMINATION]. (a) The board may administer or accept the
23-5 following examinations for licensure as determined by rule:
23-6 (1) a state board licensing examination;
23-7 (2) the National Board of Osteopathic Medical
23-8 Examiners (NBOME) examination or its successor;
23-9 (3) the National Board of Medical Examiners (NBME)
23-10 examination or its successor;
23-11 (4) the Federation Licensing Examination (FLEX) with a
23-12 weighted average in one sitting before June, 1985;
23-13 (5) the Federation Licensing Examination (FLEX) after
23-14 May, 1985;
23-15 (6) the United States Medical Licensing Examination
23-16 (USMLE); or
23-17 (7) a combination of the above examinations if passed
23-18 prior to 1998 as determined by board rule.
23-19 (b) All examinations used by the board for licensure to
23-20 practice medicine shall be in writing in the English language and
23-21 shall be entirely fair and impartial to all individuals and to
23-22 every school or system of medicine. Applicants who wish to request
23-23 reasonable accommodations due to a disability shall submit the
23-24 request on filing the application.
23-25 (c) Examinations shall include subjects generally taught by
23-26 medical schools, a knowledge of which is commonly and generally
23-27 required of candidates for the degree of doctor of medicine or
24-1 doctor of osteopathy conferred by schools in Texas.
24-2 (d) The board shall also administer the Texas medical
24-3 jurisprudence examination to all applicants.
24-4 (e) The minimum passing grade for all examinations used by
24-5 the board shall be determined by rule.
24-6 (f) Examinations administered to evaluate basic medical
24-7 knowledge and clinical competency shall be prepared by a national
24-8 testing service or the board and validated by qualified independent
24-9 testing professionals.
24-10 (g) All questions, answers, and grades shall be preserved
24-11 for one year as the board may direct by rule.
24-12 (h) All applicants shall be given due notice of the date and
24-13 place of the examination if administered by the board.
24-14 (i) Within 120 days after the day on which an examination is
24-15 administered by the board, each examinee shall be notified of the
24-16 results of the examination. However, if an examination is graded
24-17 or reviewed by a national testing service, the board shall notify
24-18 each examinee of the results of the examination not later than 30
24-19 days after the date the board receives the results from the testing
24-20 service. If the notice of the examination results will be delayed
24-21 for longer than 90 days after the examination, the board shall
24-22 notify the examinee of the reason for the delay within the 90 days.
24-23 [All examinations for license to practice medicine shall be
24-24 conducted in writing in the English language and in a manner as to
24-25 be entirely fair and impartial to all individuals and to every
24-26 school or system of medicine. Examinations shall be conducted on
24-27 and cover those subjects generally taught by medical schools, a
25-1 knowledge of which is commonly and generally required of candidates
25-2 for the degree of doctor of medicine or doctor of osteopathy
25-3 conferred by schools or colleges of medicine approved by the board,
25-4 and the examinations shall also be conducted on and cover the
25-5 subject of medical jurisprudence. Examinations shall be prepared
25-6 by a national testing service or prepared by the board and
25-7 validated by qualified independent testing professionals. On
25-8 satisfactory examination conducted as required by this Act under
25-9 rules of the board, applicants may be granted licenses to practice
25-10 medicine. All questions and answers, with the grades attached,
25-11 shall be preserved for one year in the executive office of the
25-12 board or such other repository as the board by rule may direct.
25-13 All applicants examined at the same time shall be given identical
25-14 questions. All certificates shall be attested by the seal of the
25-15 board. The board in its discretion may give the examination for
25-16 license in two or more parts.]
25-17 [(b) In addition to the requirements prescribed by this Act,
25-18 the board may require applicants to comply with other requirements
25-19 that the board considers appropriate and establish reasonable fees
25-20 for examination.]
25-21 [(c) All applicants for license to practice medicine in this
25-22 state not otherwise licensed under the provisions of law must
25-23 successfully pass a uniform examination approved by the board as
25-24 determined by rule. The board is authorized to adopt and enforce
25-25 all rules of procedure not inconsistent with statutory
25-26 requirements. All applicants shall be given due notice of the date
25-27 and place of the examination. If any applicant, because of failure
26-1 to pass the required examination, is refused a license, the
26-2 applicant, at a time as the board may fix, shall be permitted to
26-3 take a subsequent examination not more than two additional times as
26-4 the board may prescribe on the payment of a fee as the board may
26-5 determine to be reasonable. In the event satisfactory grades shall
26-6 be made on the subjects prescribed and taken on the reexamination,
26-7 the board may grant the applicant a license to practice medicine.
26-8 The board shall determine the credit to be given examinees on
26-9 answers turned in on the subjects of complete and partial
26-10 examination, and its decision is final.]
26-11 [(d) Examination questions that may be used in the future,
26-12 examinations other than the one taken by the person requesting it,
26-13 and deliberations and records relating to the professional
26-14 character and fitness of applicants are exempted from the Open
26-15 Meetings Law and the Open Records Law. The records, however, shall
26-16 be disclosed to individual applicants upon written request, unless
26-17 the person supplying the information to the board requests that it
26-18 not be disclosed.]
26-19 [(e) Within 90 days after the day on which an examination is
26-20 administered under this Act, the board shall notify each examinee
26-21 of the results of the examination. However, if an examination is
26-22 graded or reviewed by a national testing service, the board shall
26-23 notify each examinee of the results of the examination not later
26-24 than the 30th day after the date the board receives the results
26-25 from the testing service. If the notice of the examination results
26-26 will be delayed for longer than 90 days after the examination, the
26-27 board shall notify the examinee of the reason for the delay before
27-1 the 90th day.]
27-2 [(f) If requested in writing by a person who fails the
27-3 examination administered under this Act, the board shall furnish
27-4 the person with a summarized analysis of the person's performance
27-5 on the examination consisting of the person's score on each portion
27-6 of the examination.]
27-7 SECTION 3. Section 3.10, Medical Practice Act (Article
27-8 4495b, Vernon's Texas Civil Statutes), as amended by Chapters 214
27-9 and 862, Acts of the 73rd Legislature, 1993, is amended to read as
27-10 follows:
27-11 Sec. 3.10. FEES. (a) All fees collected by the board shall
27-12 be placed in the state treasury. The fees deposited shall be
27-13 credited to the appropriations of the board and may be spent only
27-14 as provided by the General Appropriations Act, this Act, or other
27-15 applicable statutes. Money may be used by the board and under its
27-16 direction in the enforcement of this Act, the prohibition of the
27-17 unlawful practice of medicine, the dissemination of information to
27-18 prevent the violation of the laws, and the prosecution of those who
27-19 violate the laws. All distributions may be made only on written
27-20 approval of the executive director of the board or his designated
27-21 representative.
27-22 (b) The board may not set, charge, collect, receive, or
27-23 deposit any of the following fees in excess of:
27-24 (1) License and first annual registration........ $900
27-25 (2) Temporary license............................ $200
27-26 (3) Renewal of annual registration............... $200
27-27 (4) Institutional permit......................... $200
28-1 (5) Endorsement to other state medical
28-2 boards........................................................ $200
28-3 (6) Duplicate license............................ $200
28-4 (7) Reinstated license after cancellation
28-5 for cause................................................... $700.
28-6 (c) The board may set and collect a sales charge for making
28-7 copies of records in the office of the board and for any material
28-8 published by the board. The charges shall be in amounts considered
28-9 sufficient to reimburse the board for the actual expense.
28-10 (d) The financial transactions of the board are subject to
28-11 audit by the state auditor in accordance with Chapter 321,
28-12 Government Code.
28-13 (e) The board shall file annually with the governor and the
28-14 presiding officer of each house of the legislature a complete and
28-15 detailed written report accounting for all funds received and
28-16 disbursed by the board during the preceding fiscal year. The
28-17 annual report must be in the form and reported in the time provided
28-18 by the General Appropriations Act. [All annual registration fees
28-19 collected by the board shall be placed in the State Treasury to the
28-20 credit of the medical registration fund. The fees deposited to
28-21 this special fund shall be credited to the appropriations of the
28-22 board and may be spent only as provided by the General
28-23 Appropriations Act, this Act, or other applicable statutes. Money
28-24 in that fund may be used by the board and under its direction in
28-25 the enforcement of this Act, the prohibition of the unlawful
28-26 practice of medicine, the dissemination of information to prevent
28-27 the violation of the laws, and the prosecution of those who violate
29-1 the laws. All distributions from the fund may be made only upon
29-2 written approval of the secretary-treasurer of the board or his
29-3 designated representative, and the comptroller shall upon
29-4 requisition of the board from time to time draw warrants upon the
29-5 State Treasurer for the amounts specified in the requisition.]
29-6 [(b) The board may not set, charge, collect, receive, or
29-7 deposit any of the following fees in excess of:]
29-8 [(1) for processing and granting a license
29-9 by reciprocity to a licensee of another state................. $700]
29-10 [(2) for processing an application and
29-11 administration of a partial examination for licensure......... $700]
29-12 [(3) for processing an application and
29-13 administration of a complete examination for licensure........ $700]
29-14 [(4) for processing an application and
29-15 issuance of a temporary license............................... $200]
29-16 [(5) for processing an application and
29-17 issuance of a duplicate license............................... $200]
29-18 [(6) for processing an application and
29-19 issuance of a license of reinstatement after a lapse or
29-20 cancellation of a license..................................... $700]
29-21 [(7) for processing an application and
29-22 issuance of an annual registration of a licensee.............. $200]
29-23 [(8) for processing and issuance of an
29-24 institutional permit for interns, residents, and others
29-25 in approved medical training programs......................... $200]
29-26 [(9) for processing an application and
29-27 issuance of an endorsement to other state medical boards...... $200]
30-1 [(10) for processing and issuance of a
30-2 license or temporary license to a physician assistant......... $200]
30-3 [(11) for processing and issuance of a
30-4 permit to a physician who supervises an acupuncturist....... $200.]
30-5 [(b) The board may set and collect a sales charge for making
30-6 copies of any paper of record in the office of the board and for
30-7 any printed material published by the board. The charges shall be
30-8 in amounts considered sufficient to reimburse the board for the
30-9 actual expense.]
30-10 [(c) The financial transactions of the board are subject to
30-11 audit by the state auditor in accordance with Chapter 321,
30-12 Government Code.]
30-13 [(d) The board shall file annually with the governor and the
30-14 presiding officer of each house of the legislature a complete and
30-15 detailed written report accounting for all funds received and
30-16 disbursed by the board during the preceding fiscal year. The
30-17 annual report must be in the form and reported in the time provided
30-18 by the General Appropriations Act.]
30-19 SECTION 4. Section 3.11A, Medical Practice Act (Article
30-20 4495b, Vernon's Texas Civil Statutes), is amended to read as
30-21 follows:
30-22 Sec. 3.11A. DISPOSITION OF FEES. (a) An additional $200
30-23 surcharge shall apply to each of the following fees:
30-24 (1) license fees;
30-25 (2) renewal of annual registration fees; and
30-26 (3) reinstated license fees after cancellation.
30-27 (b) Of each surcharge collected, $50 shall be deposited to
31-1 the credit of the foundation school fund and $150 shall be
31-2 deposited to the credit of the general revenue fund. This
31-3 subsection applies to the disposition of the stated portion of each
31-4 fee regardless of any other provision of law providing for a
31-5 different disposition of funds. [This section applies to each of
31-6 the following fees:]
31-7 [(1) fee for processing and granting a license by
31-8 reciprocity to a licensee of another state;]
31-9 [(2) fee for processing an application and
31-10 administration of a partial examination for licensure;]
31-11 [(3) fee for processing an application and
31-12 administration of a complete examination for licensure;]
31-13 [(4) fee for processing an application and issuance of
31-14 a license of reinstatement after a lapse or cancellation of a
31-15 license; and]
31-16 [(5) fee for processing an application and issuance of
31-17 an annual registration of a licensee.]
31-18 [(b) Of each fee collected, $50 shall be deposited to the
31-19 credit of the foundation school fund and $150 shall be deposited to
31-20 the credit of the general revenue fund. This subsection applies to
31-21 the disposition of the stated portion of each fee regardless of any
31-22 other provision of law providing for a different disposition of
31-23 funds.]
31-24 SECTION 5. Section 5.07(a), Medical Practice Act (Article
31-25 4495b, Vernon's Texas Civil Statutes), is amended to read as
31-26 follows:
31-27 (a) Within 30 days after the initial conviction or the
32-1 initial finding of the trier of fact of guilt of a person known to
32-2 be a physician, licensed or otherwise lawfully practicing in this
32-3 state or applying to be so licensed to practice, of any offense not
32-4 punishable by fine only [a felony, a misdemeanor involving moral
32-5 turpitude], a violation of state or federal narcotics or controlled
32-6 substance laws, or an offense involving fraud or abuse under the
32-7 Medicare or Medicaid programs, whether or not the conviction,
32-8 adjudication, or finding is entered, withheld, or appealed under
32-9 the laws of this state, the clerk of the court of record in which
32-10 the conviction, adjudication, or finding was entered shall:
32-11 (1) prepare and forward to the Department of Public
32-12 Safety the information required under Chapter 60, Code of Criminal
32-13 Procedure, for use in the computerized criminal history system; and
32-14 (2) send a copy of the information to the board.
32-15 SECTION 6. Subchapter E, Medical Practice Act (Article
32-16 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
32-17 5.11 to read as follows:
32-18 Sec. 5.11. PHYSICIAN PROFILES. (a) The board shall create
32-19 a profile of each physician licensed under this Act. The profile
32-20 must:
32-21 (1) include the information required by Subsection (b)
32-22 of this section; and
32-23 (2) be compiled in a format that permits the board to
32-24 make the information contained in the profile available to the
32-25 public.
32-26 (b) A profile must contain the following information on each
32-27 physician:
33-1 (1) the name of each medical school attended and the
33-2 dates of graduation;
33-3 (2) a description of any graduate medical education;
33-4 (3) any specialty certification recognized by the
33-5 board and held by the physician;
33-6 (4) the number of years the physician has practiced
33-7 medicine;
33-8 (5) the name of each hospital in which the physician
33-9 has privileges;
33-10 (6) the physician's primary practice location;
33-11 (7) whether the physician provides any language
33-12 translating services, including translating services for a person
33-13 with impairment of hearing, at the physician's primary practice
33-14 location;
33-15 (8) whether the physician participates in the Medicaid
33-16 program;
33-17 (9) a description of any conviction for an offense
33-18 constituting a felony or a serious misdemeanor that reflects
33-19 adversely on the physician's clinical competence to practice
33-20 medicine in an acceptable manner consistent with the public health
33-21 and welfare or affects adversely:
33-22 (A) the physician's ability to practice medicine
33-23 in an acceptable manner consistent with the public health and
33-24 welfare, as determined by board rule, during the 10-year period
33-25 preceding the date of the profile; or
33-26 (B) the safety of the physician's patients;
33-27 (10) a description of any charges reported to the
34-1 board under Section 5.07(a) of this Act during the 10-year period
34-2 preceding the date of the profile to which the physician has
34-3 pleaded no contest or in which sufficient facts of guilt were found
34-4 and the matter was continued by a court of competent jurisdiction;
34-5 (11) a description of any final disciplinary action
34-6 against the physician by the board during the 10-year period
34-7 preceding the date of the profile;
34-8 (12) a description of any final disciplinary action
34-9 against the physician by a medical licensing board of another state
34-10 during the 10-year period preceding the date of the profile;
34-11 (13) a description of any revocation of or involuntary
34-12 restriction of longer than 30 days on the physician's hospital
34-13 privileges, after notice and hearing, imposed by the hospital's
34-14 governing body or other hospital official that was based on
34-15 clinical quality of patient care during the 10-year period
34-16 preceding the date of the profile;
34-17 (14) a description of any resignation from or
34-18 nonrenewal of medical staff membership or restriction on hospital
34-19 privileges of longer than 30 days that was based on clinical
34-20 quality of patient care imposed as a settlement of a pending
34-21 disciplinary proceeding during the 10-year period preceding the
34-22 date of the profile;
34-23 (15) a description of the type of allegation and of
34-24 each review action taken by the board as the result of opening a
34-25 complaint regarding a physician against whom three or more
34-26 malpractice claims were reported under Section 5.05 of this Act in
34-27 a five-year period; and
35-1 (16) whether the physician's patient service areas are
35-2 accessible to disabled persons, as defined by federal law.
35-3 (c) Information required to be included under Subsection (b)
35-4 of this section that is not maintained by the board in the ordinary
35-5 course of the board's duties shall be obtained from a physician at
35-6 the time the physician renews the physician's license. In
35-7 requesting information from the physician, the board shall inform
35-8 the physician that compliance with the request for information is
35-9 mandatory, inform the physician of the date the information will be
35-10 made available to the public, and instruct the physician of the
35-11 requirements under Subsection (f) of this section for the physician
35-12 to obtain a copy of the physician's profile to make corrections.
35-13 (d) This section does not prevent the board from providing
35-14 explanatory information regarding the significance of categories in
35-15 which malpractice settlements are reported.
35-16 (e) A pending malpractice claim, other than a claim
35-17 disclosed under Subsection (b)(15) of this section, may not be
35-18 disclosed to the public by the board. This subsection does not
35-19 prevent the board from investigating and disciplining a physician
35-20 on the basis of a pending medical malpractice claim.
35-21 (f) The board shall provide an individual physician with a
35-22 copy of the physician's profile if the physician requests a copy at
35-23 the time the physician renews the physician's license. If a copy
35-24 is requested by a physician the board shall provide the physician
35-25 one month from the date the copy is provided to the physician to
35-26 correct factual errors in the physician's profile.
35-27 (g) The board shall update the information contained in a
36-1 physician's profile annually. The board shall adopt a form that
36-2 allows a physician to update information contained in a physician's
36-3 profile or to provide additional information to be included in the
36-4 profile. The form shall be made available electronically and on
36-5 the Internet. A physician may update information in the
36-6 physician's profile or provide additional information for the
36-7 profile at any time. The board may assess a fee to be paid by the
36-8 physician to update the physician's profile at a time other than
36-9 the board's annual update and a fee to cover the costs of including
36-10 additional information in the profile not required by the board.
36-11 The board may adopt rules concerning the type and content of
36-12 additional information that may be included in a physician's
36-13 profile.
36-14 (h) The board shall adopt rules as necessary to implement
36-15 this section.
36-16 SECTION 7. (a) Each state agency listed in Subsection (b)
36-17 of this section shall provide a cost estimate, including
36-18 methodology, regarding the establishment and administration of a
36-19 profile program for persons licensed or regulated by the agency
36-20 similar to the program established by the Texas State Board of
36-21 Medical Examiners under Section 5.11, Medical Practice Act (Article
36-22 4495b, Vernon's Texas Civil Statutes), as added by this Act.
36-23 (b) This section applies to the:
36-24 (1) Texas Board of Chiropractic Examiners;
36-25 (2) State Board of Dental Examiners;
36-26 (3) Texas Board of Occupational Therapy Examiners;
36-27 (4) Texas Optometry Board;
37-1 (5) Texas State Board of Pharmacy;
37-2 (6) Texas Board of Physical Therapy Examiners;
37-3 (7) Texas State Board of Podiatric Medical Examiners;
37-4 and
37-5 (8) Texas State Board of Examiners of Psychologists.
37-6 (c) An agency required to provide a cost estimate, including
37-7 methodology, under this section shall report, not later than
37-8 January 1, 1998, the results of the study to the presiding officer
37-9 of each house of the 76th Legislature, Regular Session, 1999.
37-10 SECTION 8. Section 2.10, as added by Section 1.04, Chapter
37-11 36, Acts of the 73rd Legislature, 1993, and Sections 3.0305 and
37-12 3.031, Medical Practice Act (Article 4495b, Vernon's Texas Civil
37-13 Statutes), are repealed.
37-14 SECTION 9. (a) This Act takes effect September 1, 1997.
37-15 (b) The change in law made by this Act to Section 5.07(a),
37-16 Medical Practice Act (Article 4495b, Vernon's Texas Civil
37-17 Statutes), applies only to a conviction or finding of guilt for an
37-18 offense that is made on or after the effective date of this Act. A
37-19 conviction or finding made before the effective date of this Act is
37-20 governed by the law in effect on the date of the conviction or
37-21 finding, and the former law is continued in effect for that
37-22 purpose.
37-23 (c) The Texas State Board of Medical Examiners shall adopt
37-24 rules under Section 5.11, Medical Practice Act (Article 4495b,
37-25 Vernon's Texas Civil Statutes), as added by this Act, not later
37-26 than January 1, 1998. The board shall make the initial physician
37-27 profiles required under this Act available to the public not later
38-1 than June 1, 1999.
38-2 (d) The Texas State Board of Medical Examiners shall raise
38-3 fees prescribed by the board in an amount not to exceed $15 for
38-4 each fiscal year in the 1998-1999 biennium and not to exceed $10
38-5 for each fiscal year in the 2000-2001 biennium for each physician
38-6 licensed by the board to cover the costs of administering the
38-7 changes in law made by this Act. The board shall reduce any fees
38-8 raised under this subsection not later than the second anniversary
38-9 of the date the initial physician profiles required under this Act
38-10 are made available to the public to the extent the increase in fee
38-11 amounts was necessary to cover the initial costs incurred by the
38-12 board in establishing a physician profile system.
38-13 SECTION 10. The importance of this legislation and the
38-14 crowded condition of the calendars in both houses create an
38-15 emergency and an imperative public necessity that the
38-16 constitutional rule requiring bills to be read on three several
38-17 days in each house be suspended, and this rule is hereby suspended.