1-1 By: Madla S.B. No. 680
1-2 (In the Senate - Filed February 24, 1999; February 25, 1999,
1-3 read first time and referred to Committee on Health Services;
1-4 April 8, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 8, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 680 By: Madla
A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the licensure of physicians.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 3.05, Medical Practice Act (Article
1-12 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-13 follows:
1-14 Sec. 3.05. EXAMINATIONS ADMINISTERED OR ACCEPTED
1-15 [EXAMINATION]. (a) The board may administer or accept the
1-16 following examinations for licensure as determined by rule:
1-17 (1) a state board licensing examination;
1-18 (2) the Medical Council of Canada Examination (LMCC)
1-19 or its successor;
1-20 (3) the National Board of Osteopathic Medical
1-21 Examiners (NBOME) examination or its successor;
1-22 (4) the National Board of Medical Examiners (NBME)
1-23 examination or its successor;
1-24 (5) the Federation Licensing Examination (FLEX) with a
1-25 weighted average in one sitting before June 1985;
1-26 (6) the Federation Licensing Examination (FLEX) after
1-27 May 1985;
1-28 (7) the United States Medical Licensing Examination
1-29 (USMLE) or its successor;
1-30 (8) a combination of the examinations described by
1-31 Subdivisions (3) and (6) as determined by board rule; or
1-32 (9) a combination of the examinations described by
1-33 Subdivisions (4), (6), and (7) as determined by board rule.
1-34 (b) Each examination used by the board for licensure to
1-35 practice medicine must be in writing in the English language and
1-36 shall be entirely fair and impartial to all individuals and to
1-37 every school or system of medicine. An applicant who wishes to
1-38 request reasonable accommodations due to a disability shall submit
1-39 the request on filing the application.
1-40 (c) Examinations must include subjects generally taught by
1-41 medical schools, a knowledge of which is commonly and generally
1-42 required of candidates for the degree of doctor of medicine or
1-43 doctor of osteopathy conferred by schools in this state.
1-44 (d) The board shall also administer the Texas medical
1-45 jurisprudence examination to all applicants.
1-46 (e) The minimum passing grade for each examination used by
1-47 the board shall be determined by rule.
1-48 (f) Examinations administered to evaluate basic medical
1-49 knowledge and clinical competency shall be prepared by a national
1-50 testing service or the board and validated by qualified independent
1-51 testing professionals.
1-52 (g) All questions, answers, and grades shall be preserved
1-53 for one year as directed by the board by rule.
1-54 (h) All applicants shall be given notice of the date and
1-55 place of the examination if the examination is administered by the
1-56 board.
1-57 (i) Not later than the 120th day after the date on which an
1-58 examination is administered by the board, each examinee shall be
1-59 notified of the results of the examination. However, if an
1-60 examination is graded or reviewed by a national testing service,
1-61 the board shall notify each examinee of the results of the
1-62 examination not later than the 30th day after the date the board
1-63 receives the results from the testing service.
1-64 (j) An applicant must pass each part of an examination
2-1 described by Subsection (a)(2), (3), (4), (6), or (7) within seven
2-2 years.
2-3 (k) An applicant may not take an examination more than three
2-4 times, except that an applicant who has passed all but one part of
2-5 an examination after taking the examination three times may take
2-6 that part one additional time as determined by board rule. [All
2-7 examinations for license to practice medicine shall be conducted in
2-8 writing in the English language and in a manner as to be entirely
2-9 fair and impartial to all individuals and to every school or system
2-10 of medicine. Examinations shall be conducted on and cover those
2-11 subjects generally taught by medical schools, a knowledge of which
2-12 is commonly and generally required of candidates for the degree of
2-13 doctor of medicine or doctor of osteopathy conferred by schools or
2-14 colleges of medicine approved by the board, and the examinations
2-15 shall also be conducted on and cover the subject of medical
2-16 jurisprudence. Examinations shall be prepared by a national
2-17 testing service or prepared by the board and validated by qualified
2-18 independent testing professionals. On satisfactory examination
2-19 conducted as required by this Act under rules of the board,
2-20 applicants may be granted licenses to practice medicine. All
2-21 questions and answers, with the grades attached, shall be preserved
2-22 for one year in the executive office of the board or such other
2-23 repository as the board by rule may direct. All applicants
2-24 examined at the same time shall be given identical questions. All
2-25 certificates shall be attested by the seal of the board. The board
2-26 in its discretion may give the examination for license in two or
2-27 more parts.]
2-28 [(b) In addition to the requirements prescribed by this Act,
2-29 the board may require applicants to comply with other requirements
2-30 that the board considers appropriate and establish reasonable fees
2-31 for examination.]
2-32 [(c) All applicants for license to practice medicine in this
2-33 state not otherwise licensed under the provisions of law must
2-34 successfully pass a uniform examination approved by the board as
2-35 determined by rule. The board is authorized to adopt and enforce
2-36 all rules of procedure not inconsistent with statutory
2-37 requirements. All applicants shall be given due notice of the date
2-38 and place of the examination. If any applicant, because of failure
2-39 to pass the required examination, is refused a license, the
2-40 applicant, at a time as the board may fix, shall be permitted to
2-41 take a subsequent examination not more than two additional times as
2-42 the board may prescribe on the payment of a fee as the board may
2-43 determine to be reasonable. In the event satisfactory grades shall
2-44 be made on the subjects prescribed and taken on the reexamination,
2-45 the board may grant the applicant a license to practice medicine.
2-46 The board shall determine the credit to be given examinees on
2-47 answers turned in on the subjects of complete and partial
2-48 examination, and its decision is final.]
2-49 [(d) Examination questions that may be used in the future,
2-50 examinations other than the one taken by the person requesting it,
2-51 and deliberations and records relating to the professional
2-52 character and fitness of applicants are exempted from the Open
2-53 Meetings Law and the Open Records Law. The records, however, shall
2-54 be disclosed to individual applicants upon written request, unless
2-55 the person supplying the information to the board requests that it
2-56 not be disclosed.]
2-57 [(e) Within 90 days after the day on which an examination is
2-58 administered under this Act, the board shall notify each examinee
2-59 of the results of the examination. However, if an examination is
2-60 graded or reviewed by a national testing service, the board shall
2-61 notify each examinee of the results of the examination not later
2-62 than the 30th day after the date the board receives the results
2-63 from the testing service. If the notice of the examination results
2-64 will be delayed for longer than 90 days after the examination, the
2-65 board shall notify the examinee of the reason for the delay before
2-66 the 90th day.]
2-67 [(f) If requested in writing by a person who fails the
2-68 examination administered under this Act, the board shall furnish
2-69 the person with a summarized analysis of the person's performance
3-1 on the examination consisting of the person's score on each portion
3-2 of the examination.]
3-3 SECTION 2. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.
3-10 * * * * *