1-1 By: McCall, et al. (Senate Sponsor - Cain) H.B. No. 1987
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on Health
1-4 Services; April 28, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; April 28, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the examinations administered or accepted for licensure
1-9 of physicians.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 3.05, Medical Practice Act (Article
1-12 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-13 follows:
1-14 Sec. 3.05. EXAMINATIONS ADMINISTERED OR ACCEPTED
1-15 [EXAMINATION]. (a) The board may administer or accept the
1-16 following examinations for licensure as determined by rule:
1-17 (1) a state board licensing examination;
1-18 (2) the Medical Council of Canada Examination (LMCC)
1-19 or its successor;
1-20 (3) the National Board of Osteopathic Medical
1-21 Examiners (NBOME) examination or its successor;
1-22 (4) the National Board of Medical Examiners (NBME)
1-23 examination or its successor;
1-24 (5) the Federation Licensing Examination (FLEX) with a
1-25 weighted average in one sitting before June 1985;
1-26 (6) the Federation Licensing Examination (FLEX) after
1-27 May 1985;
1-28 (7) the United States Medical Licensing Examination
1-29 (USMLE) or its successor;
1-30 (8) a combination of the examinations described by
1-31 Subdivisions (3) and (6) of this subsection as determined by board
1-32 rule; or
1-33 (9) a combination of the examinations described by
1-34 Subdivisions (4), (6), and (7) of this subsection as determined by
1-35 board rule.
1-36 (b) Each examination used by the board for licensure to
1-37 practice medicine must be in writing in the English language and
1-38 shall be entirely fair and impartial to all individuals and to
1-39 every school or system of medicine. An applicant who wishes to
1-40 request reasonable accommodations due to a disability shall submit
1-41 the request on filing the application.
1-42 (c) Examinations shall include subjects generally taught by
1-43 medical schools, a knowledge of which is commonly and generally
1-44 required of candidates for the degree of doctor of medicine or
1-45 doctor of osteopathy conferred by schools in this state.
1-46 (d) The board shall also administer the Texas medical
1-47 jurisprudence examination to all applicants.
1-48 (e) The minimum passing grade for each examination used by
1-49 the board shall be determined by rule.
1-50 (f) Examinations administered to evaluate basic medical
1-51 knowledge and clinical competency shall be prepared by a national
1-52 testing service or the board and validated by qualified independent
1-53 testing professionals.
1-54 (g) All questions, answers, and grades shall be preserved
1-55 for one year as directed by the board by rule.
1-56 (h) All applicants shall be given notice of the date and
1-57 place of the examination if the examination is administered by the
1-58 board.
1-59 (i) Not later than the 120th day after the date on which an
1-60 examination is administered by the board, each examinee shall be
1-61 notified of the results of the examination. However, if an
1-62 examination is graded or reviewed by a national testing service,
1-63 the board shall notify each examinee of the results of the
1-64 examination not later than the 30th day after the date the board
2-1 receives the results from the testing service.
2-2 (j) Except as provided by Subsection (k) of this section, an
2-3 applicant must pass each part of an examination described by
2-4 Subsection (a)(2), (3), (4), (6), or (7) of this section within
2-5 seven years.
2-6 (k) An applicant who is a graduate of a program designed to
2-7 lead to both a doctor of philosophy degree and a doctor of medicine
2-8 degree or doctor of osteopathy degree must pass each part of an
2-9 examination described by Subsection (a)(2), (3), (4), (6), or (7)
2-10 of this section not later than the second anniversary of the date
2-11 the applicant was awarded a doctor of medicine degree or doctor of
2-12 osteopathy degree.
2-13 (l) An applicant must pass each part of an examination
2-14 within three attempts, except that an applicant who has passed all
2-15 but one part of an examination within three attempts may take the
2-16 remaining part of the examination one additional time.
2-17 (m) Notwithstanding Subsection (l) of this section, an
2-18 applicant is considered to have satisfied the requirements of this
2-19 section if the applicant:
2-20 (1) passed all but one part of an examination approved
2-21 by the board before September 1, 1993, within three attempts and
2-22 passed the remaining part of the examination within five attempts;
2-23 (2) is specialty board certified by:
2-24 (A) a board that is a member of the American
2-25 Board of Medical Specialties; or
2-26 (B) a specialty board approved by the American
2-27 Osteopathic Association;
2-28 (3) enrolled before September 1, 1993, in a
2-29 postgraduate medical training program in this state approved by the
2-30 board; and
2-31 (4) completed two years of postgraduate medical
2-32 training in this state approved by the board. [All examinations
2-33 for license to practice medicine shall be conducted in writing in
2-34 the English language and in a manner as to be entirely fair and
2-35 impartial to all individuals and to every school or system of
2-36 medicine. Examinations shall be conducted on and cover those
2-37 subjects generally taught by medical schools, a knowledge of which
2-38 is commonly and generally required of candidates for the degree of
2-39 doctor of medicine or doctor of osteopathy conferred by schools or
2-40 colleges of medicine approved by the board, and the examinations
2-41 shall also be conducted on and cover the subject of medical
2-42 jurisprudence. Examinations shall be prepared by a national
2-43 testing service or prepared by the board and validated by qualified
2-44 independent testing professionals. On satisfactory examination
2-45 conducted as required by this Act under rules of the board,
2-46 applicants may be granted licenses to practice medicine. All
2-47 questions and answers, with the grades attached, shall be preserved
2-48 for one year in the executive office of the board or such other
2-49 repository as the board by rule may direct. All applicants
2-50 examined at the same time shall be given identical questions. All
2-51 certificates shall be attested by the seal of the board. The board
2-52 in its discretion may give the examination for license in two or
2-53 more parts.]
2-54 [(b) In addition to the requirements prescribed by this Act,
2-55 the board may require applicants to comply with other requirements
2-56 that the board considers appropriate and establish reasonable fees
2-57 for examination.]
2-58 [(c) All applicants for license to practice medicine in this
2-59 state not otherwise licensed under the provisions of law must
2-60 successfully pass a uniform examination approved by the board as
2-61 determined by rule. The board is authorized to adopt and enforce
2-62 all rules of procedure not inconsistent with statutory
2-63 requirements. All applicants shall be given due notice of the date
2-64 and place of the examination. If any applicant, because of failure
2-65 to pass the required examination, is refused a license, the
2-66 applicant, at a time as the board may fix, shall be permitted to
2-67 take a subsequent examination not more than two additional times as
2-68 the board may prescribe on the payment of a fee as the board may
2-69 determine to be reasonable. In the event satisfactory grades shall
3-1 be made on the subjects prescribed and taken on the reexamination,
3-2 the board may grant the applicant a license to practice medicine.
3-3 The board shall determine the credit to be given examinees on
3-4 answers turned in on the subjects of complete and partial
3-5 examination, and its decision is final.]
3-6 [(d) Examination questions that may be used in the future,
3-7 examinations other than the one taken by the person requesting it,
3-8 and deliberations and records relating to the professional
3-9 character and fitness of applicants are exempted from the Open
3-10 Meetings Law and the Open Records Law. The records, however, shall
3-11 be disclosed to individual applicants upon written request, unless
3-12 the person supplying the information to the board requests that it
3-13 not be disclosed.]
3-14 [(e) Within 90 days after the day on which an examination is
3-15 administered under this Act, the board shall notify each examinee
3-16 of the results of the examination. However, if an examination is
3-17 graded or reviewed by a national testing service, the board shall
3-18 notify each examinee of the results of the examination not later
3-19 than the 30th day after the date the board receives the results
3-20 from the testing service. If the notice of the examination results
3-21 will be delayed for longer than 90 days after the examination, the
3-22 board shall notify the examinee of the reason for the delay before
3-23 the 90th day.]
3-24 [(f) If requested in writing by a person who fails the
3-25 examination administered under this Act, the board shall furnish
3-26 the person with a summarized analysis of the person's performance
3-27 on the examination consisting of the person's score on each portion
3-28 of the examination.]
3-29 SECTION 2. An applicant is considered to have satisfied the
3-30 requirements of Section 3.05, Medical Practice Act (Article 4495b,
3-31 Vernon's Texas Civil Statutes), as amended by this Act, if, before,
3-32 on, or after the effective date of this Act, the applicant passed
3-33 all but one part of an examination within three attempts and passed
3-34 the remaining part of the examination on the fourth attempt.
3-35 SECTION 3. The importance of this legislation and the
3-36 crowded condition of the calendars in both houses create an
3-37 emergency and an imperative public necessity that the
3-38 constitutional rule requiring bills to be read on three several
3-39 days in each house be suspended, and this rule is hereby suspended,
3-40 and that this Act take effect and be in force from and after its
3-41 passage, and it is so enacted.
3-42 * * * * *