By: Cain S.B. No. 1206
99S0666/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to examinations accepted or administered for licensure of
1-2 physicians.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3.05, Medical Practice Act (Article
1-5 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-6 follows:
1-7 Sec. 3.05. EXAMINATIONS ACCEPTED OR ADMINISTERED. (a) The
1-8 board may administer or accept the following examinations for
1-9 licensure as determined by rule:
1-10 (1) a state board licensing examination;
1-11 (2) the Medical Council of Canada Examination (LMCC)
1-12 or its successor;
1-13 (3) the National Board of Osteopathic Medical
1-14 Examiners (NBOME) examination or its successor;
1-15 (4) the National Board of Medical Examiners (NBME)
1-16 examination or its successor;
1-17 (5) the Federation Licensing Examination (FLEX) with a
1-18 weighted average in one sitting before June, 1985;
1-19 (6) the Federation Licensing Examination (FLEX) after
1-20 May, 1985;
1-21 (7) the United States Medical Licensing Examination
1-22 (USMLE) or its successor; or
1-23 (8) a combination of the National Board of Osteopathic
1-24 Medical Examiners examination and the Federation Licensing
2-1 Examination after May, 1985, or of the United States Medical
2-2 Licensing Examination, the Federal Licensing Examination after May,
2-3 1985, and the National Board of Medical Examiners examination, as
2-4 determined by board rule.
2-5 (b) All examinations used by the board for licensure to
2-6 practice medicine shall be in writing in the English language and
2-7 in a manner that is entirely fair and impartial to all individuals
2-8 and to every school or system of medicine. Applicants who wish to
2-9 request reasonable and appropriate accommodations due to a
2-10 documented disability shall submit the request in writing when
2-11 filing the application.
2-12 (c) Examinations shall include subjects generally taught by
2-13 medical schools, a knowledge of which is commonly and generally
2-14 required of candidates for the degree of doctor of medicine or
2-15 doctor of osteopathy conferred by schools in Texas.
2-16 (d) The board shall administer the Texas medical
2-17 jurisprudence examination to all applicants.
2-18 (e) The minimum passing grade for all examinations used by
2-19 the board shall be determined by rule.
2-20 (f) Examinations administered to evaluate basic medical
2-21 knowledge and clinical competency shall be prepared by a national
2-22 testing service or be prepared by the board and validated by
2-23 qualified independent testing professionals.
2-24 (g) All questions and answers, with grades attached, shall
2-25 be preserved for one year as the board may direct by rule.
2-26 (h) All applicants shall be given due notice of the date and
3-1 place of the examination if the examination is to be administered
3-2 by the board.
3-3 (i) Within 120 days after the date on which an examination
3-4 is administered by the board, each examinee shall be notified of
3-5 the results of the examination. However, if an examination is
3-6 graded or reviewed by a national testing service, the board shall
3-7 notify each examinee of the results of the examination not later
3-8 than 30 days after the date the board receives the results from the
3-9 testing service.
3-10 (j) All parts of the National Board of Osteopathic Medical
3-11 Examiners examination, the National Board of Medical Examiners
3-12 examination, the Medical Council of Canada Examination, the
3-13 Federation Licensing Examination after May, 1985, and the United
3-14 States Medical Licensing Examination must be passed within seven
3-15 years.
3-16 (k) An applicant must pass each part of an examination
3-17 described in Subsection (a) of this section within three attempts,
3-18 except that an applicant may attempt to pass one part of the
3-19 examination a fourth time.
3-20 (l) The board shall adopt rules as necessary to implement
3-21 Subsection (k) of this section. [EXAMINATION. (a) All
3-22 examinations for license to practice medicine shall be conducted in
3-23 writing in the English language and in a manner as to be entirely
3-24 fair and impartial to all individuals and to every school or system
3-25 of medicine. Examinations shall be conducted on and cover those
3-26 subjects generally taught by medical schools, a knowledge of which
4-1 is commonly and generally required of candidates for the degree of
4-2 doctor of medicine or doctor of osteopathy conferred by schools or
4-3 colleges of medicine approved by the board, and the examinations
4-4 shall also be conducted on and cover the subject of medical
4-5 jurisprudence. Examinations shall be prepared by a national
4-6 testing service or prepared by the board and validated by qualified
4-7 independent testing professionals. On satisfactory examination
4-8 conducted as required by this Act under rules of the board,
4-9 applicants may be granted licenses to practice medicine. All
4-10 questions and answers, with the grades attached, shall be preserved
4-11 for one year in the executive office of the board or such other
4-12 repository as the board by rule may direct. All applicants
4-13 examined at the same time shall be given identical questions. All
4-14 certificates shall be attested by the seal of the board. The board
4-15 in its discretion may give the examination for license in two or
4-16 more parts.]
4-17 [(b) In addition to the requirements prescribed by this Act,
4-18 the board may require applicants to comply with other requirements
4-19 that the board considers appropriate and establish reasonable fees
4-20 for examination.]
4-21 [(c) All applicants for license to practice medicine in this
4-22 state not otherwise licensed under the provisions of law must
4-23 successfully pass a uniform examination approved by the board as
4-24 determined by rule. The board is authorized to adopt and enforce
4-25 all rules of procedure not inconsistent with statutory
4-26 requirements. All applicants shall be given due notice of the date
5-1 and place of the examination. If any applicant, because of failure
5-2 to pass the required examination, is refused a license, the
5-3 applicant, at a time as the board may fix, shall be permitted to
5-4 take a subsequent examination not more than two additional times as
5-5 the board may prescribe on the payment of a fee as the board may
5-6 determine to be reasonable. In the event satisfactory grades shall
5-7 be made on the subjects prescribed and taken on the reexamination,
5-8 the board may grant the applicant a license to practice medicine.
5-9 The board shall determine the credit to be given examinees on
5-10 answers turned in on the subjects of complete and partial
5-11 examination, and its decision is final.]
5-12 [(d) Examination questions that may be used in the future,
5-13 examinations other than the one taken by the person requesting it,
5-14 and deliberations and records relating to the professional
5-15 character and fitness of applicants are exempted from the Open
5-16 Meetings Law and the Open Records Law. The records, however, shall
5-17 be disclosed to individual applicants upon written request, unless
5-18 the person supplying the information to the board requests that it
5-19 not be disclosed.]
5-20 [(e) Within 90 days after the day on which an examination is
5-21 administered under this Act, the board shall notify each examinee
5-22 of the results of the examination. However, if an examination is
5-23 graded or reviewed by a national testing service, the board shall
5-24 notify each examinee of the results of the examination not later
5-25 than the 30th day after the date the board receives the results
5-26 from the testing service. If the notice of the examination results
6-1 will be delayed for longer than 90 days after the examination, the
6-2 board shall notify the examinee of the reason for the delay before
6-3 the 90th day.]
6-4 [(f) If requested in writing by a person who fails the
6-5 examination administered under this Act, the board shall furnish
6-6 the person with a summarized analysis of the person's performance
6-7 on the examination consisting of the person's score on each portion
6-8 of the examination.]
6-9 SECTION 2. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended,
6-14 and that this Act take effect and be in force from and after its
6-15 passage, and it is so enacted.