HBA-NMO H.B. 3523 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3523 By: Noriega Public Health 3/31/1999 Introduced BACKGROUND AND PURPOSE The 73rd Texas Legislature enacted legislation limiting an applicant for a license to practice medicine in this state to three examination attempts. This change in law has affected applicants who took the United States Medical Licensing Examination Step 1 test prospectively and applicants who took the Federation Licensing Examination 1 test retroactively. H.B. 3523 amends the law to treat all applicants prospectively regarding the limit on examination attempts. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3.05, Article 4495b, V.T.C.S. (Medical Practice Act), by amending Subsection (c) and adding Subsection (d), as follows: (c) Makes a conforming change. (d) Requires that an applicant for a license to practice medicine be limited in examination attempts based on the applicant's examination dates and not on the date the applicant submitted an application to the Texas State Board of Medical Examiners, as follows: (1) Requires that an applicant who has passed all components of an examination prior to September 1, 1993, be credited with passage of the examination if the applicant passed each examination component in three or fewer attempts; or the applicant passed any examination component in more than three attempts and the applicant is specialty board certified by a member of the American Board of Medical Specialties, specialty board approved by the American Osteopathic Association, or obtains or has obtained an additional year of training for each attempt after the third. (2) Prohibits an applicant who has not passed all components of an examination prior to September 1, 1993, from taking more than three attempts at any component of the examination. SECTION 2.Emergency clause. Effective date: upon passage.