By Gutierrez                                          H.B. No. 2792
         76R4856 SMH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the licensure of physicians.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 3.0305(c) and (d), Medical Practice Act
 1-5     (Article 4495b, Vernon's Texas Civil Statutes), are amended to read
 1-6     as follows:
 1-7           (c)  A temporary license is valid for two years and may not
 1-8     be renewed [180 days]. The board shall issue a license under this
 1-9     Act to  the holder of a temporary license under this section if:
1-10                 (1)  the temporary license holder passes the
1-11     examination required by Section 3.05 of this Act;
1-12                 (2)  the board verifies that the temporary license
1-13     holder has satisfied the academic and experience requirements for a
1-14     license under this Act; and
1-15                 (3)  the temporary license holder has satisfied any
1-16     other license requirements under this Act.
1-17           (d)  The limitation provided by Section 3.05(c) of this Act
1-18     on the number of times an applicant for a license to practice
1-19     medicine in this state  may take the examination required by
1-20     Section 3.05 of this Act does not apply to the holder of a
1-21     temporary license under this section.
1-22           (e)  The board must assemble the documents and information
1-23     necessary to process a temporary license holder's application for a
1-24     license not later  than the 90th day after the date the temporary
 2-1     license is issued and complete the processing of the application
 2-2     not later than the 90th day after the date the documents and
 2-3     information are assembled.  If by the 180th day after the date the
 2-4     temporary license is issued the board has not completed the
 2-5     processing of the application, the board shall review the
 2-6     application to determine the cause of the delay.  [This temporary
 2-7     license may be renewed for an additional 180 days at the discretion
 2-8     of the executive director.]
 2-9           SECTION 2.  Section 3.05, Medical Practice Act (Article
2-10     4495b, Vernon's Texas Civil Statutes), is amended to read as
2-11     follows:
2-12           Sec. 3.05.  EXAMINATIONS ADMINISTERED OR ACCEPTED
2-13     [EXAMINATION].  (a)  The board may administer or accept the
2-14     following examinations for licensure as determined by rule:
2-15                 (1)  a state board licensing examination;
2-16                 (2)  the Medical Council of Canada Examination (LMCC)
2-17     or its successor;
2-18                 (3)  the National Board of Osteopathic Medical
2-19     Examiners (NBOME) examination or its successor;
2-20                 (4)  the National Board of Medical Examiners (NBME)
2-21     examination or its successor;
2-22                 (5)  the Federation Licensing Examination (FLEX) with a
2-23     weighted average in one sitting before June 1985;
2-24                 (6)  the Federation Licensing Examination (FLEX) after
2-25     May 1985;
2-26                 (7)  the United States Medical Licensing Examination
2-27     (USMLE) or its successor;
 3-1                 (8)  a combination of the examinations described by
 3-2     Subdivisions (3) and (6) as determined by board rule; or
 3-3                 (9)  a combination of the examinations described by
 3-4     Subdivisions (4), (6), and (7) as determined by board rule.
 3-5           (b)  Each examination used by the board for licensure to
 3-6     practice medicine must be in writing in the English language and
 3-7     shall be entirely fair and impartial to all individuals and to
 3-8     every school or system of medicine.  An applicant who wishes to
 3-9     request reasonable accommodations due to a disability shall submit
3-10     the request on filing the application.
3-11           (c)  Examinations shall include subjects generally taught by
3-12     medical schools, a knowledge of which is commonly and generally
3-13     required of candidates for the degree of doctor of medicine or
3-14     doctor of osteopathy conferred by schools in this state.
3-15           (d)  The board shall also administer the Texas medical
3-16     jurisprudence examination to all applicants.
3-17           (e)  The minimum passing grade for each examination used by
3-18     the board shall be determined by rule.
3-19           (f)  Examinations administered to evaluate basic medical
3-20     knowledge and clinical competency shall be prepared by a national
3-21     testing service or the board and validated by qualified independent
3-22     testing professionals.
3-23           (g)  All questions, answers, and grades shall be preserved
3-24     for one year as directed by the board by rule.
3-25           (h)  All applicants shall be given notice of the date and
3-26     place of the examination if the examination is administered by the
3-27     board.
 4-1           (i)  Not later than the 120th day after the date on which an
 4-2     examination is administered by the board, each examinee shall be
 4-3     notified of the results of the examination.  However, if an
 4-4     examination is graded or reviewed by a national testing service,
 4-5     the board shall notify each examinee of the results of the
 4-6     examination not later than the 30th day after the date the board
 4-7     receives the results from the testing service.
 4-8           (j)  An applicant must pass each part of an examination
 4-9     described by Subsection (a)(2), (3), (4), (6), or (7) within seven
4-10     years.
4-11           (k)  An applicant may not take an examination more than three
4-12     times, except that an applicant who has passed all but one part of
4-13     an examination after taking the examination three times may take
4-14     that part one additional time as determined by board rule.  [All
4-15     examinations for license to practice medicine shall be conducted in
4-16     writing in the English language and in a manner as to be entirely
4-17     fair and impartial to all individuals and to every school or system
4-18     of medicine.  Examinations shall be conducted on and cover those
4-19     subjects generally taught by medical schools, a knowledge of which
4-20     is commonly and generally required of candidates for the degree of
4-21     doctor of medicine or doctor of osteopathy conferred by schools or
4-22     colleges of medicine approved by the board, and the examinations
4-23     shall also be conducted on and cover the subject of medical
4-24     jurisprudence.  Examinations shall be prepared by a national
4-25     testing service or prepared by the board and validated by qualified
4-26     independent testing professionals.  On satisfactory examination
4-27     conducted as required by this Act under rules of the board,
 5-1     applicants may be granted licenses to practice medicine.  All
 5-2     questions and answers, with the grades attached, shall be preserved
 5-3     for one year in the executive office of the board or such other
 5-4     repository as the board by rule may direct.  All applicants
 5-5     examined at the same time shall be given identical questions.  All
 5-6     certificates shall be attested by the seal of the board.  The board
 5-7     in its discretion may give the examination for license in two or
 5-8     more parts.]
 5-9           [(b)  In addition to the requirements prescribed by this Act,
5-10     the board may require applicants to comply with other requirements
5-11     that the board considers appropriate and establish reasonable fees
5-12     for examination.]
5-13           [(c)  All applicants for license to practice medicine in this
5-14     state not otherwise licensed under the provisions of law must
5-15     successfully pass a uniform examination approved by the board as
5-16     determined by rule.  The board is authorized to adopt and enforce
5-17     all rules of procedure not inconsistent with statutory
5-18     requirements.  All applicants shall be given due notice of the date
5-19     and place of the examination.  If any applicant, because of failure
5-20     to pass the required examination, is refused a license, the
5-21     applicant, at a time as the board may fix, shall be permitted to
5-22     take a subsequent examination not more than two additional times as
5-23     the board may prescribe on the payment of a fee as the board may
5-24     determine to be reasonable.  In the event satisfactory grades shall
5-25     be made on the subjects prescribed and taken on the reexamination,
5-26     the board may grant the applicant a license to practice medicine.
5-27     The board shall determine the credit to be given examinees on
 6-1     answers turned in on the subjects of complete and partial
 6-2     examination, and its decision is final.]
 6-3           [(d)  Examination questions that may be used in the future,
 6-4     examinations other than the one taken by the person requesting it,
 6-5     and deliberations and records relating to the professional
 6-6     character and fitness of applicants are exempted from the Open
 6-7     Meetings Law and the Open Records Law.  The records, however, shall
 6-8     be disclosed to individual applicants upon written request, unless
 6-9     the person supplying the information to the board requests that it
6-10     not be disclosed.]
6-11           [(e)  Within 90 days after the day on which an examination is
6-12     administered under this Act, the board shall notify each examinee
6-13     of the results of the examination.  However, if an examination is
6-14     graded or reviewed by a national testing service, the board shall
6-15     notify each examinee of the results of the examination not later
6-16     than the 30th day after the date the board receives the results
6-17     from the testing service.  If the notice of the examination results
6-18     will be delayed for longer than 90 days after the examination, the
6-19     board shall notify the examinee of the reason for the delay before
6-20     the 90th day.]
6-21           [(f)  If requested in writing by a person who fails the
6-22     examination administered under this Act, the board shall furnish
6-23     the person with a summarized analysis of the person's performance
6-24     on the examination consisting of the person's score on each portion
6-25     of the examination.]
6-26           SECTION 3.  The importance of this legislation and the
6-27     crowded condition of the calendars in both houses create an
 7-1     emergency and an imperative public necessity that the
 7-2     constitutional rule requiring bills to be read on three several
 7-3     days in each house be suspended, and this rule is hereby suspended,
 7-4     and that this Act take effect and be in force from and after its
 7-5     passage, and it is so enacted.