SRC-DBM S.B. 1206 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1206
By: Cain
Health Services
4/11/1999
As Filed


DIGEST 

Currently, the Medical Practice Act, Article 4495b, V.T.C.S., is used to
license physicians in Texas. The Medical Practice Act assures that
physicians who are seeking licensure in Texas via endorsement or original
license are reviewed, examined, and evaluated according to the appropriate
standards.  The Texas State Board of Medical Examiners (board) is the state
agency created by the legislature to carry out the constitutional mandate
of article XVI, Section 31, Texas Constitution, which requires the
legislature to pass laws prescribing the qualifications of practitioners of
medicine in this state and punishing persons for malpractice.  Since its
inception, the Medical Practice Act has been amended to adapt to changing
social, educational, and economic times.  S.B. 1206 would set forth
provisions regarding examinations accepted or administered for licensure of
physicians.  

PURPOSE

As proposed, S.B. 1206 sets forth provisions regarding examinations
accepted or administered for licensure of physicians. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Board of  Medical
Examiners in Sections 3.05(a) (e), (g), and (l) (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), to authorize the Texas State Board of Medial Examiners (board) to
administer or accept certain examinations for licensure as determined by
rule.  Requires all examinations used by the board for licensure to
practice medicine to be in writing in the English language and in a manner
that is entirely fair and impartial to all individuals and to every school
system of medicine.  Requires applicants who wish to request reasonable and
appropriate accommodations due to a documented disability to submit a
request in writing when filing an 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 Texas.
Requires the board to administer the Texas medical jurisprudence
examination to all applicants.  Requires the minimum passing grade for all
examinations 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 to be prepared
by the board and validated by qualified independent testing professionals.
Requires all questions and answers, with grades attached, to be preserved
for one year as the board may direct, by rule.  Requires all applicants to
be given due notice of the date and place of an examination, if the
examination is to be administered by the board.  Requires, within 120 days
after the date on which an examination is administered by the board, each
examinee to be notified of the results of an 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 an examination
not later than 30 days after the date the board receives the results form
the testing service.  Requires all parts of the National Board of
Osteopathic Medical Examiners examination, the National Board of Medical
Examiners examination, the Medical Council of Canada Examination, the
Federation Licensing Examination after May 1985, and the United States
Medical Licensing Examination to be passed within seven years. Requires an
applicant to pass each part of an examination described in Subsection (a)
of this section within three attempts, except that an applicant may attempt
to pass one part of the examination a fourth time.  Requires the board to
adopt rules as necessary to implement Subsection (k) of this section.
Deletes existing Subsections (a), (b), (c), (d), (e), and (f). 
 
SECTION 2.Emergency clause.
  Effective date: upon passage.