By Hinojosa H.B. No. 3454 76R8728 GJH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of the practice of medicine. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 3.05(c), Medical Practice Act (Article 1-5 4495b, Vernon's Texas Civil Statutes), is amended to read as 1-6 follows: 1-7 (c) All applicants for license to practice medicine in this 1-8 state not otherwise licensed under the provisions of law must 1-9 successfully pass a uniform examination approved by the board as 1-10 determined by rule. The board is authorized to adopt and enforce 1-11 all rules of procedure not inconsistent with statutory 1-12 requirements. All applicants shall be given due notice of the date 1-13 and place of the examination. If any applicant who was not 1-14 enrolled in medical school in this state on September 1, 1993, 1-15 because of failure to pass the required examination, is refused a 1-16 license, the applicant, at a time as the board may fix, shall be 1-17 permitted to take a subsequent examination not more than two 1-18 additional times as the board may prescribe on the payment of a fee 1-19 as the board may determine to be reasonable. An applicant who was 1-20 enrolled in medical school in this state on September 1, 1993, 1-21 shall be permitted to take the required examination at least five 1-22 times without board approval and may be permitted to take the 1-23 required examination more than five times subject to board 1-24 approval. In the event satisfactory grades shall be made on the 2-1 subjects prescribed and taken on the reexamination, the board may 2-2 grant the applicant a license to practice medicine. The board 2-3 shall determine the credit to be given examinees on answers turned 2-4 in on the subjects of complete and partial examination, and its 2-5 decision is final. 2-6 SECTION 2. Subchapter E, Medical Practice Act (Article 2-7 4495b, Vernon's Texas Civil Statutes), is amended by adding Section 2-8 5.12 to read as follows: 2-9 Sec. 5.12. PRACTICE OF MEDICINE BY CERTAIN PERSONS NOT 2-10 LICENSED BY BOARD. (a) Notwithstanding any other provision of 2-11 this Act, a person who is licensed to practice medicine in another 2-12 state of the United States may practice medicine in this state. 2-13 (b) Notwithstanding any other provision of this Act, the 2-14 board may allow a person who is otherwise qualified to practice 2-15 medicine to practice medicine for a period determined by the board 2-16 at a site serving a medically underserved population, as defined 2-17 under Section 3.06(d)(5)(E)(iv), if the person: 2-18 (1) was enrolled in a medical school in this state on 2-19 September 1, 1993; 2-20 (2) has not passed the examination required under 2-21 Section 3.05 of this Act; and 2-22 (3) has taken the examination required under Section 2-23 3.05 of this Act at least five times. 2-24 SECTION 3. This Act takes effect September 1, 1999. 2-25 SECTION 4. The importance of this legislation and the 2-26 crowded condition of the calendars in both houses create an 2-27 emergency and an imperative public necessity that the 3-1 constitutional rule requiring bills to be read on three several 3-2 days in each house be suspended, and this rule is hereby suspended.