By McCall H.B. No. 1987
76R7404 SMH-F
A BILL TO BE ENTITLED
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) An applicant must pass each part of an examination
3-10 described by Subsection (a)(2), (3), (4), (6), or (7) of this
3-11 section within seven years.
3-12 (k) An applicant may not take an examination more than three
3-13 times. [All examinations for license to practice medicine shall be
3-14 conducted in writing in the English language and in a manner as to
3-15 be entirely fair and impartial to all individuals and to every
3-16 school or system of medicine. Examinations shall be conducted on
3-17 and cover those subjects generally taught by medical schools, a
3-18 knowledge of which is commonly and generally required of candidates
3-19 for the degree of doctor of medicine or doctor of osteopathy
3-20 conferred by schools or colleges of medicine approved by the board,
3-21 and the examinations shall also be conducted on and cover the
3-22 subject of medical jurisprudence. Examinations shall be prepared
3-23 by a national testing service or prepared by the board and
3-24 validated by qualified independent testing professionals. On
3-25 satisfactory examination conducted as required by this Act under
3-26 rules of the board, applicants may be granted licenses to practice
3-27 medicine. All questions and answers, with the grades attached,
4-1 shall be preserved for one year in the executive office of the
4-2 board or such other repository as the board by rule may direct.
4-3 All applicants examined at the same time shall be given identical
4-4 questions. All certificates shall be attested by the seal of the
4-5 board. The board in its discretion may give the examination for
4-6 license in two or more parts.]
4-7 [(b) In addition to the requirements prescribed by this Act,
4-8 the board may require applicants to comply with other requirements
4-9 that the board considers appropriate and establish reasonable fees
4-10 for examination.]
4-11 [(c) All applicants for license to practice medicine in this
4-12 state not otherwise licensed under the provisions of law must
4-13 successfully pass a uniform examination approved by the board as
4-14 determined by rule. The board is authorized to adopt and enforce
4-15 all rules of procedure not inconsistent with statutory
4-16 requirements. All applicants shall be given due notice of the date
4-17 and place of the examination. If any applicant, because of failure
4-18 to pass the required examination, is refused a license, the
4-19 applicant, at a time as the board may fix, shall be permitted to
4-20 take a subsequent examination not more than two additional times as
4-21 the board may prescribe on the payment of a fee as the board may
4-22 determine to be reasonable. In the event satisfactory grades shall
4-23 be made on the subjects prescribed and taken on the reexamination,
4-24 the board may grant the applicant a license to practice medicine.
4-25 The board shall determine the credit to be given examinees on
4-26 answers turned in on the subjects of complete and partial
4-27 examination, and its decision is final.]
5-1 [(d) Examination questions that may be used in the future,
5-2 examinations other than the one taken by the person requesting it,
5-3 and deliberations and records relating to the professional
5-4 character and fitness of applicants are exempted from the Open
5-5 Meetings Law and the Open Records Law. The records, however, shall
5-6 be disclosed to individual applicants upon written request, unless
5-7 the person supplying the information to the board requests that it
5-8 not be disclosed.]
5-9 [(e) Within 90 days after the day on which an examination is
5-10 administered under this Act, the board shall notify each examinee
5-11 of the results of the examination. However, if an examination is
5-12 graded or reviewed by a national testing service, the board shall
5-13 notify each examinee of the results of the examination not later
5-14 than the 30th day after the date the board receives the results
5-15 from the testing service. If the notice of the examination results
5-16 will be delayed for longer than 90 days after the examination, the
5-17 board shall notify the examinee of the reason for the delay before
5-18 the 90th day.]
5-19 [(f) If requested in writing by a person who fails the
5-20 examination administered under this Act, the board shall furnish
5-21 the person with a summarized analysis of the person's performance
5-22 on the examination consisting of the person's score on each portion
5-23 of the examination.]
5-24 SECTION 2. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended,
6-2 and that this Act take effect and be in force from and after its
6-3 passage, and it is so enacted.