By: Madla S.B. No. 680
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the licensure of physicians.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 3.05, Medical Practice Act (Article
1-4 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-5 follows:
1-6 Sec. 3.05. EXAMINATIONS ADMINISTERED OR ACCEPTED
1-7 [EXAMINATION]. (a) The board may administer or accept the
1-8 following examinations for licensure as determined by rule:
1-9 (1) a state board licensing examination;
1-10 (2) the Medical Council of Canada Examination (LMCC)
1-11 or its successor;
1-12 (3) the National Board of Osteopathic Medical
1-13 Examiners (NBOME) examination or its successor;
1-14 (4) the National Board of Medical Examiners (NBME)
1-15 examination or its successor;
1-16 (5) the Federation Licensing Examination (FLEX) with a
1-17 weighted average in one sitting before June 1985;
1-18 (6) the Federation Licensing Examination (FLEX) after
1-19 May 1985;
1-20 (7) the United States Medical Licensing Examination
1-21 (USMLE) or its successor;
1-22 (8) a combination of the examinations described by
1-23 Subdivisions (3) and (6) as determined by board rule; or
1-24 (9) a combination of the examinations described by
2-1 Subdivisions (4), (6), and (7) as determined by board rule.
2-2 (b) Each examination used by the board for licensure to
2-3 practice medicine must be in writing in the English language and
2-4 shall be entirely fair and impartial to all individuals and to
2-5 every school or system of medicine. An applicant who wishes to
2-6 request reasonable accommodations due to a disability shall submit
2-7 the request on filing the application.
2-8 (c) Examinations must include subjects generally taught by
2-9 medical schools, a knowledge of which is commonly and generally
2-10 required of candidates for the degree of doctor of medicine or
2-11 doctor of osteopathy conferred by schools in this state.
2-12 (d) The board shall also administer the Texas medical
2-13 jurisprudence examination to all applicants.
2-14 (e) The minimum passing grade for each examination used by
2-15 the board shall be determined by rule.
2-16 (f) Examinations administered to evaluate basic medical
2-17 knowledge and clinical competency shall be prepared by a national
2-18 testing service or the board and validated by qualified independent
2-19 testing professionals.
2-20 (g) All questions, answers, and grades shall be preserved
2-21 for one year as directed by the board by rule.
2-22 (h) All applicants shall be given notice of the date and
2-23 place of the examination if the examination is administered by the
2-24 board.
2-25 (i) Not later than the 120th day after the date on which an
2-26 examination is administered by the board, each examinee shall be
3-1 notified of the results of the examination. However, if an
3-2 examination is graded or reviewed by a national testing service,
3-3 the board shall notify each examinee of the results of the
3-4 examination not later than the 30th day after the date the board
3-5 receives the results from the testing service.
3-6 (j) An applicant must pass each part of an examination
3-7 described by Subsection (a)(2), (3), (4), (6), or (7) within seven
3-8 years.
3-9 (k) An applicant may not take an examination more than three
3-10 times, except that an applicant who has passed all but one part of
3-11 an examination after taking the examination three times may take
3-12 that part one additional time as determined by board rule. [All
3-13 examinations for license to practice medicine shall be conducted in
3-14 writing in the English language and in a manner as to be entirely
3-15 fair and impartial to all individuals and to every school or system
3-16 of medicine. Examinations shall be conducted on and cover those
3-17 subjects generally taught by medical schools, a knowledge of which
3-18 is commonly and generally required of candidates for the degree of
3-19 doctor of medicine or doctor of osteopathy conferred by schools or
3-20 colleges of medicine approved by the board, and the examinations
3-21 shall also be conducted on and cover the subject of medical
3-22 jurisprudence. Examinations shall be prepared by a national
3-23 testing service or prepared by the board and validated by qualified
3-24 independent testing professionals. On satisfactory examination
3-25 conducted as required by this Act under rules of the board,
3-26 applicants may be granted licenses to practice medicine. All
4-1 questions and answers, with the grades attached, shall be preserved
4-2 for one year in the executive office of the board or such other
4-3 repository as the board by rule may direct. All applicants
4-4 examined at the same time shall be given identical questions. All
4-5 certificates shall be attested by the seal of the board. The board
4-6 in its discretion may give the examination for license in two or
4-7 more parts.]
4-8 [(b) In addition to the requirements prescribed by this Act,
4-9 the board may require applicants to comply with other requirements
4-10 that the board considers appropriate and establish reasonable fees
4-11 for examination.]
4-12 [(c) All applicants for license to practice medicine in this
4-13 state not otherwise licensed under the provisions of law must
4-14 successfully pass a uniform examination approved by the board as
4-15 determined by rule. The board is authorized to adopt and enforce
4-16 all rules of procedure not inconsistent with statutory
4-17 requirements. All applicants shall be given due notice of the date
4-18 and place of the examination. If any applicant, because of failure
4-19 to pass the required examination, is refused a license, the
4-20 applicant, at a time as the board may fix, shall be permitted to
4-21 take a subsequent examination not more than two additional times as
4-22 the board may prescribe on the payment of a fee as the board may
4-23 determine to be reasonable. In the event satisfactory grades shall
4-24 be made on the subjects prescribed and taken on the reexamination,
4-25 the board may grant the applicant a license to practice medicine.
4-26 The board shall determine the credit to be given examinees on
5-1 answers turned in on the subjects of complete and partial
5-2 examination, and its decision is final.]
5-3 [(d) Examination questions that may be used in the future,
5-4 examinations other than the one taken by the person requesting it,
5-5 and deliberations and records relating to the professional
5-6 character and fitness of applicants are exempted from the Open
5-7 Meetings Law and the Open Records Law. The records, however, shall
5-8 be disclosed to individual applicants upon written request, unless
5-9 the person supplying the information to the board requests that it
5-10 not be disclosed.]
5-11 [(e) Within 90 days after the day on which an examination is
5-12 administered under this Act, the board shall notify each examinee
5-13 of the results of the examination. However, if an examination is
5-14 graded or reviewed by a national testing service, the board shall
5-15 notify each examinee of the results of the examination not later
5-16 than the 30th day after the date the board receives the results
5-17 from the testing service. If the notice of the examination results
5-18 will be delayed for longer than 90 days after the examination, the
5-19 board shall notify the examinee of the reason for the delay before
5-20 the 90th day.]
5-21 [(f) If requested in writing by a person who fails the
5-22 examination administered under this Act, the board shall furnish
5-23 the person with a summarized analysis of the person's performance
5-24 on the examination consisting of the person's score on each portion
5-25 of the examination.]
5-26 SECTION 2. The importance of this legislation and the
6-1 crowded condition of the calendars in both houses create an
6-2 emergency and an imperative public necessity that the
6-3 constitutional rule requiring bills to be read on three several
6-4 days in each house be suspended, and this rule is hereby suspended,
6-5 and that this Act take effect and be in force from and after its
6-6 passage, and it is so enacted.