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.