SRC-ARR, S.B. 680 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 680
76R4856 SMH-FBy: Madla
Health Services
4/4/1999
As Filed


DIGEST 

Currently, the Medical Practice Act is the vehicle used to license
physicians in Texas. The Texas Board of Medical Examiners (BME) is the
state agency created to prescribe the qualifications for practitioners of
medicine in the state and punish persons for malpractice. The mission of
the BME is to assure the safety of its citizens through the appropriate
regulation of physicians who practice medicine in Texas. S.B. 680 would
authorize BME to use new technology to accept and appropriate licensure
examination given electronically on a nationwide basis.  

PURPOSE

As proposed, S.B. 680 regulates the licensure of physicians.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Medical Examiners in
SECTION 2 (Section 3.05(a), (e), (g), and (k), Article 4495b, V.T.C.S) of
this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 3.0305(c) and (d), Article 4495b, V.T.C.S.
(Medical Practice Act), to provide that a temporary license is valid for
two years and may not be renewed, rather than is valid for 180 days.
Provides that the limitation provided by Section 3.05(c) of this Act on the
number of times an applicant for a license to practice medicine in this
state may take the examination as required by Section 3.05 of this Act,
does not apply to the holder of a temporary license under this section.
Deletes text authorizing a temporary license to be renewed for an
additional 180 days at the discretion of the executive director. Makes
conforming changes. 

SECTION 2. Amends Section 3.05, Article 4495b, V.T.C.S. as follows:

Sec. 3.05. New heading: EXAMINATIONS ADMINISTERED OR ACCEPTED. Authorizes
the Texas 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 or 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, a
knowledge of which is commonly and generally required of candidates for the
degree of doctor of medicine or doctor of osteopathy conferred by schools
in this state. Requires the board to also administer the Texas medical
jurisprudence examination to all applicants. Requires the minium 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 adminstered
by the board. Requires each examinee not later than a certain date to be
notified of the results of the examination. Requires the board to notify
each examinee of the results of the examination not later than a certain
date, if an examination is graded or reviewed by  a national testing
service. Requires an applicant to pass each part of an examination
described by Subsection (a)(2), (3), (4), (6), or (7) within seven years.
Prohibits an applicant from taking an examination more than three times,
except that an applicant who has passed all but one part of the examination
after taking the examination three times may take that part one additional
time as determined by board rule. Deletes text regarding examinations.
Deletes text authorizing the board to require applicants to comply with
other requirements. Deletes text regarding uniform examination, enforcement
rules, and notice of examination. Deletes text regarding subsequent
examinations, satisfactory grades, and credit of answers on the
examination. Deletes text regarding examination questions to be used on
future exams. Deletes text regarding notification of results of the exam.
Deletes text regarding summarized analysis of the person's performance on
the examination.  

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