1-1 By: Cain S.B. No. 1206
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Health Services;
1-4 April 14, 1999, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; April 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to examinations accepted or administered for licensure of
1-9 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 ACCEPTED OR ADMINISTERED. (a) The
1-15 board may administer or accept the following examinations for
1-16 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; or
1-30 (8) a combination of the National Board of Osteopathic
1-31 Medical Examiners examination and the Federation Licensing
1-32 Examination after May, 1985, or of the United States Medical
1-33 Licensing Examination, the Federal Licensing Examination after May,
1-34 1985, and the National Board of Medical Examiners examination, as
1-35 determined by board rule.
1-36 (b) All examinations used by the board for licensure to
1-37 practice medicine shall be in writing in the English language and
1-38 in a manner that is entirely fair and impartial to all individuals
1-39 and to every school or system of medicine. Applicants who wish to
1-40 request reasonable and appropriate accommodations due to a
1-41 documented disability shall submit the request in writing when
1-42 filing the application.
1-43 (c) Examinations shall include subjects generally taught by
1-44 medical schools, a knowledge of which is commonly and generally
1-45 required of candidates for the degree of doctor of medicine or
1-46 doctor of osteopathy conferred by schools in Texas.
1-47 (d) The board shall administer the Texas medical
1-48 jurisprudence examination to all applicants.
1-49 (e) The minimum passing grade for all examinations used by
1-50 the board shall be determined by rule.
1-51 (f) Examinations administered to evaluate basic medical
1-52 knowledge and clinical competency shall be prepared by a national
1-53 testing service or be prepared by the board and validated by
1-54 qualified independent testing professionals.
1-55 (g) All questions and answers, with grades attached, shall
1-56 be preserved for one year as the board may direct by rule.
1-57 (h) All applicants shall be given due notice of the date and
1-58 place of the examination if the examination is to be administered
1-59 by the board.
1-60 (i) Within 120 days after the date on which an examination
1-61 is administered by the board, each examinee shall be notified of
1-62 the results of the examination. However, if an examination is
1-63 graded or reviewed by a national testing service, the board shall
1-64 notify each examinee of the results of the examination not later
2-1 than 30 days after the date the board receives the results from the
2-2 testing service.
2-3 (j) All parts of the National Board of Osteopathic Medical
2-4 Examiners examination, the National Board of Medical Examiners
2-5 examination, the Medical Council of Canada Examination, the
2-6 Federation Licensing Examination after May, 1985, and the United
2-7 States Medical Licensing Examination must be passed within seven
2-8 years.
2-9 (k) An applicant must pass each part of an examination
2-10 described in Subsection (a) of this section within three attempts,
2-11 except that an applicant may attempt to pass one part of the
2-12 examination a fourth time.
2-13 (l) The board shall adopt rules as necessary to implement
2-14 Subsection (k) of this section. [EXAMINATION. (a) All
2-15 examinations for license to practice medicine shall be conducted in
2-16 writing in the English language and in a manner as to be entirely
2-17 fair and impartial to all individuals and to every school or system
2-18 of medicine. Examinations shall be conducted on and cover those
2-19 subjects generally taught by medical schools, a knowledge of which
2-20 is commonly and generally required of candidates for the degree of
2-21 doctor of medicine or doctor of osteopathy conferred by schools or
2-22 colleges of medicine approved by the board, and the examinations
2-23 shall also be conducted on and cover the subject of medical
2-24 jurisprudence. Examinations shall be prepared by a national
2-25 testing service or prepared by the board and validated by qualified
2-26 independent testing professionals. On satisfactory examination
2-27 conducted as required by this Act under rules of the board,
2-28 applicants may be granted licenses to practice medicine. All
2-29 questions and answers, with the grades attached, shall be preserved
2-30 for one year in the executive office of the board or such other
2-31 repository as the board by rule may direct. All applicants
2-32 examined at the same time shall be given identical questions. All
2-33 certificates shall be attested by the seal of the board. The board
2-34 in its discretion may give the examination for license in two or
2-35 more parts.]
2-36 [(b) In addition to the requirements prescribed by this Act,
2-37 the board may require applicants to comply with other requirements
2-38 that the board considers appropriate and establish reasonable fees
2-39 for examination.]
2-40 [(c) All applicants for license to practice medicine in this
2-41 state not otherwise licensed under the provisions of law must
2-42 successfully pass a uniform examination approved by the board as
2-43 determined by rule. The board is authorized to adopt and enforce
2-44 all rules of procedure not inconsistent with statutory
2-45 requirements. All applicants shall be given due notice of the date
2-46 and place of the examination. If any applicant, because of failure
2-47 to pass the required examination, is refused a license, the
2-48 applicant, at a time as the board may fix, shall be permitted to
2-49 take a subsequent examination not more than two additional times as
2-50 the board may prescribe on the payment of a fee as the board may
2-51 determine to be reasonable. In the event satisfactory grades shall
2-52 be made on the subjects prescribed and taken on the reexamination,
2-53 the board may grant the applicant a license to practice medicine.
2-54 The board shall determine the credit to be given examinees on
2-55 answers turned in on the subjects of complete and partial
2-56 examination, and its decision is final.]
2-57 [(d) Examination questions that may be used in the future,
2-58 examinations other than the one taken by the person requesting it,
2-59 and deliberations and records relating to the professional
2-60 character and fitness of applicants are exempted from the Open
2-61 Meetings Law and the Open Records Law. The records, however, shall
2-62 be disclosed to individual applicants upon written request, unless
2-63 the person supplying the information to the board requests that it
2-64 not be disclosed.]
2-65 [(e) Within 90 days after the day on which an examination is
2-66 administered under this Act, the board shall notify each examinee
2-67 of the results of the examination. However, if an examination is
2-68 graded or reviewed by a national testing service, the board shall
2-69 notify each examinee of the results of the examination not later
3-1 than the 30th day after the date the board receives the results
3-2 from the testing service. If the notice of the examination results
3-3 will be delayed for longer than 90 days after the examination, the
3-4 board shall notify the examinee of the reason for the delay before
3-5 the 90th day.]
3-6 [(f) If requested in writing by a person who fails the
3-7 examination administered under this Act, the board shall furnish
3-8 the person with a summarized analysis of the person's performance
3-9 on the examination consisting of the person's score on each portion
3-10 of the examination.]
3-11 SECTION 2. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended,
3-16 and that this Act take effect and be in force from and after its
3-17 passage, and it is so enacted.
3-18 * * * * *