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.