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.