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