1-1 AN ACT
1-2 relating to the examinations administered or accepted for licensure
1-3 of physicians.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.05, Medical Practice Act (Article
1-6 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-7 follows:
1-8 Sec. 3.05. EXAMINATIONS ADMINISTERED OR ACCEPTED
1-9 [EXAMINATION]. (a) The board may administer or accept the
1-10 following examinations for licensure as determined by rule:
1-11 (1) a state board licensing examination;
1-12 (2) the Medical Council of Canada Examination (LMCC)
1-13 or its successor;
1-14 (3) the National Board of Osteopathic Medical
1-15 Examiners (NBOME) examination or its successor;
1-16 (4) the National Board of Medical Examiners (NBME)
1-17 examination or its successor;
1-18 (5) the Federation Licensing Examination (FLEX) with a
1-19 weighted average in one sitting before June 1985;
1-20 (6) the Federation Licensing Examination (FLEX) after
1-21 May 1985;
1-22 (7) the United States Medical Licensing Examination
1-23 (USMLE) or its successor;
1-24 (8) a combination of the examinations described by
2-1 Subdivisions (3) and (6) of this subsection as determined by board
2-2 rule; or
2-3 (9) a combination of the examinations described by
2-4 Subdivisions (4), (6), and (7) of this subsection as determined by
2-5 board rule.
2-6 (b) Each examination used by the board for licensure to
2-7 practice medicine must be in writing in the English language and
2-8 shall be entirely fair and impartial to all individuals and to
2-9 every school or system of medicine. An applicant who wishes to
2-10 request reasonable accommodations due to a disability shall submit
2-11 the request on filing the application.
2-12 (c) Examinations shall include subjects generally taught by
2-13 medical schools, a knowledge of which is commonly and generally
2-14 required of candidates for the degree of doctor of medicine or
2-15 doctor of osteopathy conferred by schools in this state.
2-16 (d) The board shall also administer the Texas medical
2-17 jurisprudence examination to all applicants.
2-18 (e) The minimum passing grade for each examination used by
2-19 the board shall be determined by rule.
2-20 (f) Examinations administered to evaluate basic medical
2-21 knowledge and clinical competency shall be prepared by a national
2-22 testing service or the board and validated by qualified independent
2-23 testing professionals.
2-24 (g) All questions, answers, and grades shall be preserved
2-25 for one year as directed by the board by rule.
2-26 (h) All applicants shall be given notice of the date and
2-27 place of the examination if the examination is administered by the
3-1 board.
3-2 (i) Not later than the 120th day after the date on which an
3-3 examination is administered by the board, each examinee shall be
3-4 notified of the results of the examination. However, if an
3-5 examination is graded or reviewed by a national testing service,
3-6 the board shall notify each examinee of the results of the
3-7 examination not later than the 30th day after the date the board
3-8 receives the results from the testing service.
3-9 (j) Except as provided by Subsection (k) of this section, an
3-10 applicant must pass each part of an examination described by
3-11 Subsection (a)(2), (3), (4), (6), or (7) of this section within
3-12 seven years.
3-13 (k) An applicant who is a graduate of a program designed to
3-14 lead to both a doctor of philosophy degree and a doctor of medicine
3-15 degree or doctor of osteopathy degree must pass each part of an
3-16 examination described by Subsection (a)(2), (3), (4), (6), or (7)
3-17 of this section not later than the second anniversary of the date
3-18 the applicant was awarded a doctor of medicine degree or doctor of
3-19 osteopathy degree.
3-20 (l) An applicant must pass each part of an examination
3-21 within three attempts, except that an applicant who has passed all
3-22 but one part of an examination within three attempts may take the
3-23 remaining part of the examination one additional time.
3-24 (m) Notwithstanding Subsection (l) of this section, an
3-25 applicant is considered to have satisfied the requirements of this
3-26 section if the applicant:
3-27 (1) passed all but one part of an examination approved
4-1 by the board within three attempts and passed the remaining part of
4-2 the examination within five attempts;
4-3 (2) is specialty board certified by a specialty board
4-4 that:
4-5 (A) is a member of the American Board of Medical
4-6 Specialties; or
4-7 (B) is approved by the American Osteopathic
4-8 Association; and
4-9 (3) completed in this state an additional two years of
4-10 postgraduate medical training approved by the board. [All
4-11 examinations for license to practice medicine shall be conducted in
4-12 writing in the English language and in a manner as to be entirely
4-13 fair and impartial to all individuals and to every school or system
4-14 of medicine. Examinations shall be conducted on and cover those
4-15 subjects generally taught by medical schools, a knowledge of which
4-16 is commonly and generally required of candidates for the degree of
4-17 doctor of medicine or doctor of osteopathy conferred by schools or
4-18 colleges of medicine approved by the board, and the examinations
4-19 shall also be conducted on and cover the subject of medical
4-20 jurisprudence. Examinations shall be prepared by a national
4-21 testing service or prepared by the board and validated by qualified
4-22 independent testing professionals. On satisfactory examination
4-23 conducted as required by this Act under rules of the board,
4-24 applicants may be granted licenses to practice medicine. All
4-25 questions and answers, with the grades attached, shall be preserved
4-26 for one year in the executive office of the board or such other
4-27 repository as the board by rule may direct. All applicants
5-1 examined at the same time shall be given identical questions. All
5-2 certificates shall be attested by the seal of the board. The board
5-3 in its discretion may give the examination for license in two or
5-4 more parts.]
5-5 [(b) In addition to the requirements prescribed by this Act,
5-6 the board may require applicants to comply with other requirements
5-7 that the board considers appropriate and establish reasonable fees
5-8 for examination.]
5-9 [(c) All applicants for license to practice medicine in this
5-10 state not otherwise licensed under the provisions of law must
5-11 successfully pass a uniform examination approved by the board as
5-12 determined by rule. The board is authorized to adopt and enforce
5-13 all rules of procedure not inconsistent with statutory
5-14 requirements. All applicants shall be given due notice of the date
5-15 and place of the examination. If any applicant, because of failure
5-16 to pass the required examination, is refused a license, the
5-17 applicant, at a time as the board may fix, shall be permitted to
5-18 take a subsequent examination not more than two additional times as
5-19 the board may prescribe on the payment of a fee as the board may
5-20 determine to be reasonable. In the event satisfactory grades shall
5-21 be made on the subjects prescribed and taken on the reexamination,
5-22 the board may grant the applicant a license to practice medicine.
5-23 The board shall determine the credit to be given examinees on
5-24 answers turned in on the subjects of complete and partial
5-25 examination, and its decision is final.]
5-26 [(d) Examination questions that may be used in the future,
5-27 examinations other than the one taken by the person requesting it,
6-1 and deliberations and records relating to the professional
6-2 character and fitness of applicants are exempted from the Open
6-3 Meetings Law and the Open Records Law. The records, however, shall
6-4 be disclosed to individual applicants upon written request, unless
6-5 the person supplying the information to the board requests that it
6-6 not be disclosed.]
6-7 [(e) Within 90 days after the day on which an examination is
6-8 administered under this Act, the board shall notify each examinee
6-9 of the results of the examination. However, if an examination is
6-10 graded or reviewed by a national testing service, the board shall
6-11 notify each examinee of the results of the examination not later
6-12 than the 30th day after the date the board receives the results
6-13 from the testing service. If the notice of the examination results
6-14 will be delayed for longer than 90 days after the examination, the
6-15 board shall notify the examinee of the reason for the delay before
6-16 the 90th day.]
6-17 [(f) If requested in writing by a person who fails the
6-18 examination administered under this Act, the board shall furnish
6-19 the person with a summarized analysis of the person's performance
6-20 on the examination consisting of the person's score on each portion
6-21 of the examination.]
6-22 SECTION 2. An applicant is considered to have satisfied the
6-23 requirements of Section 3.05, Medical Practice Act (Article 4495b,
6-24 Vernon's Texas Civil Statutes), as amended by this Act, if, before,
6-25 on, or after the effective date of this Act, the applicant passed
6-26 all but one part of an examination within three attempts and passed
6-27 the remaining part of the examination on the fourth attempt.
7-1 SECTION 3. The importance of this legislation and the
7-2 crowded condition of the calendars in both houses create an
7-3 emergency and an imperative public necessity that the
7-4 constitutional rule requiring bills to be read on three several
7-5 days in each house be suspended, and this rule is hereby suspended,
7-6 and that this Act take effect and be in force from and after its
7-7 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1987 was passed by the House on April
16, 1999, by the following vote: Yeas 136, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1987 on May 22, 1999, by the following vote: Yeas 139, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1987 was passed by the Senate, with
amendments, on May 20, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor