SRC-DBM H.B. 1987 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1987
By: McCall (Cain)
Health Services
4/26/1999
Engrossed


DIGEST 

Currently, the Medical Practice Act is used to license physicians in Texas.
This Act requires physicians seeking licensure in this state by way of
endorsement or by way of original license to be reviewed, examined, and
evaluated according to certain standards.  The Texas State Board of Medical
Examiners is the state agency which carries out laws prescribing the
regulation of physicians who practice medicine in Texas.  H.B. 1987 would
set forth provisions regarding the administration of examinations or
acceptance of physicians for licensure. 


PURPOSE

As proposed, H.B. 1987 sets forth provisions regarding the administration
of examinations or acceptance of physicians for licensure. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Board of Medical
Examiners in SECTION 1 (Sections 3.05(a), (c), and (g), Article 4495b,
V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.05, Article 4495b, V.T.C.S. (Medical Practice
Act), as follows: 

Sec. 3.05.  New heading:  EXAMINATIONS ADMINISTERED OR ACCEPTED.
Authorizes the Texas State Board of Medical Examiners (board) to administer
or accept certain examinations for licensure as determined by rule.
Requires each examination used by the board for licensure to practice
medicine to be in writing in the English language and to be entirely fair
and impartial to all individuals and to every school system of medicine.
Requires an applicant who wishes to request reasonable accommodations due
to a disability to submit the request on filing the application.  Requires
examinations to include subjects generally taught by medical schools.
Requires the board to also administer the Texas medical jurisprudence
examination to all applicants.  Requires the minimum passing grade for each
examination used by the board to be determined by rule.  Requires
examinations administered to evaluate basic medical knowledge and clinical
competency to be prepared by a national testing service or the board and
validated by qualified independent testing professionals.  Requires all
questions, answers, and grades to be preserved for one year as directed by
the board by rule.  Requires all applicants to be given notice of the date
and place of the examination if the examination is administered by the
board.  Requires, not later than the 120th day after the date on which an
examination is administered by the board, each examinee to be notified of
the results of he examination. Requires the board however, if an
examination is graded or reviewed by a national testing service, to notify
each examinee of the results of the examination not later than the 30th day
after the date the board receives the results from the testing service.
Requires an applicant, except as provided by Subsection (k) or this
section, to pass each part of an examination described by Subsection
(a)(2), (3), (4), (6), or (7) of this section within seven years.  Requires
an applicant who is a graduate of a program designed to lead to both a
doctor of philosophy degree and a doctor of medicine degree or doctor of
osteopathy degree to pass each part of an examination described by
Subsection (a)(2), (3), (4), (6), or (7) of this section not later than the
second anniversary of the date the applicant was awarded a doctor of
medicine degree or doctor of osteopathy degree.  Requires an applicant to
pass each part of an examination within three attempts, except that an
applicant who has passed all but one part of an examination within three
attempts may take the remaining part of the examination one additional
time.  Sets forth the conditions, notwithstanding Subsection (1) of this
section, under which an applicant is considered to have satisfied the
requirements of this section.  Deletes existing Subsections (a), (b), (c),
(d), (e), and (f).   

SECTION 2.Makes application of this Act retroactive.

SECTION 3.Emergency clause.
  Effective date: upon passage.