By:  Cain                                             S.B. No. 1207
         99S0727/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the Texas State Board of Medical Examiners and the
 1-2     licensure of physicians; appropriating fees and providing
 1-3     penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2.09, Medical Practice Act (Article
 1-6     4495b, Vernon's Texas Civil Statutes), is amended by amending
 1-7     Subsections (d), (h), (k), and (t) and adding Subsection (bb) to
 1-8     read as follows:
 1-9           (d)  The board shall preserve a record of its proceedings
1-10     which shall be a public record.  [The board shall also maintain
1-11     records showing the name, age, place, and duration of residence of
1-12     each applicant, the time spent in medical study in respective
1-13     medical schools, and the years and schools from which degrees were
1-14     granted.]  The record shall [also] show whether applicants were
1-15     denied [rejected] or licensed and shall be prima facie evidence of
1-16     all matters contained in the record.  A certified copy of those
1-17     permanent records, with the hand and seal of the executive director
1-18     [secretary-treasurer] of the board, shall be admitted in evidence
1-19     in all courts.
1-20           (h)  The board may receive criminal records or reports from
1-21     any law enforcement agency or source pertaining to its licensees or
1-22     any applicant for license.  The board may [shall] submit to the
1-23     Department of Public Safety a complete set of fingerprints of every
1-24     applicant for a license, and the Department of Public Safety shall
 2-1     cause them to be classified and checked against those in their
 2-2     fingerprint files and shall [forthwith] certify their findings
 2-3     concerning the criminal record of the applicant or shall report the
 2-4     lack of a criminal record, as the case may be, to the board.  All
 2-5     criminal records and reports received from the Department of Public
 2-6     Safety shall be for the exclusive use of the board and shall be
 2-7     privileged and shall not be released or otherwise disclosed to any
 2-8     person or agency by the board except on court order.  [Any
 2-9     applicant for licensure or any licensee whose license is subject to
2-10     revocation, cancellation, or suspension because of adverse
2-11     information contained in the criminal records or reports shall be
2-12     afforded the opportunity for a hearing before the board prior to
2-13     any action on the application for license or revocation,
2-14     cancellation, or suspension of license.]
2-15           (k)  The board by rule shall establish reasonable and
2-16     necessary fees so that the fees, in the aggregate, produce
2-17     sufficient revenue to cover the cost of administering this Act.
2-18     The fees set by the board may be adjusted so that the total fees
2-19     collected shall be sufficient to meet the expenses of administering
2-20     this Act.  The board may not set a fee for an amount less than the
2-21     amount of that fee on September 1, 1993.  The board may not waive
2-22     collection of any fee or penalty.  The board shall place all
2-23     receipts collected [fees received] under authority of this Act[,
2-24     not otherwise specified, into the medical licensing fund] in the
2-25     state treasury.  The board is authorized and shall by annual budget
2-26     determine the manner of handling the funds and the purpose,
 3-1     consistent with this Act, for which the same may be used.  The
 3-2     budgeted expenses authorized by the board shall be paid out of
 3-3     funds received by the board and are not a charge upon the general
 3-4     revenue of the state.
 3-5           (t)  The board shall on request of a licensee issue
 3-6     certification on endorsement of its license to other states and
 3-7     charge a reasonable fee for the issuance.  The board shall on
 3-8     request of a licensee issue certification of state board
 3-9     examination grades to the Federation of State Medical Boards of the
3-10     United States and charge a reasonable fee for the issuance.
3-11           (bb)  The executive director of the board shall file a surety
3-12     bond with the board.  The bond shall be in an amount not less than
3-13     $10,000, be in compliance with the insurance laws of the state, and
3-14     be payable to the state for the use of the state if the executive
3-15     director does not faithfully discharge the duties of the office.
3-16     The board shall pay the premium on the bond.
3-17           SECTION 2.  Sections 3.01, 3.02, 3.03, 3.04, and 3.05,
3-18     Medical Practice Act (Article 4495b, Vernon's Texas Civil
3-19     Statutes), are amended to read as follows:
3-20           Sec. 3.01.  ANNUAL REGISTRATION OF PHYSICIANS [PRACTITIONERS
3-21     AND INTERNS].  (a)  All persons now lawfully qualified to practice
3-22     medicine in this state, or who are hereafter licensed for the
3-23     practice of medicine by the board, shall register annually as
3-24     practitioners with the board.  The initial annual registration
3-25     permit shall be issued with the license.
3-26           (b)  The annual registration permit fee as established by
 4-1     board rule shall apply to all physicians licensed by the board,
 4-2     whether or not they are practicing within the borders of this
 4-3     state, except retired physicians as provided by rules of the board.
 4-4           (c)  A physician licensed by the board whose only practice is
 4-5     voluntary charity care is exempt from the annual registration
 4-6     permit fee as provided by rules of the board.
 4-7           (d)  The board shall mail an annual registration permit
 4-8     renewal application to each practitioner at  the practitioner's
 4-9     last known address according to the records of the board at least
4-10     30 days prior to the expiration date of the annual registration
4-11     permit.
4-12           (e)  The board shall provide for a 30-day grace period for
4-13     renewing the annual registration permit from the date of the
4-14     expiration of the annual registration permit.
4-15           (f)  A licensee may renew the annual registration permit by
4-16     submitting to the board, on or before the expiration date of the
4-17     annual registration permit, the required renewal application and
4-18     renewal fee.  Each annual registration permit renewal application
4-19     shall include the name and mailing address of the licensee, the
4-20     place or places where the licensee is engaged in the practice of
4-21     medicine, and other necessary information prescribed by the board.
4-22           (g)  If the licensee is licensed for the practice of medicine
4-23     by another state, the District of Columbia, a territory of the
4-24     United States, Canada, any other country, or the uniformed services
4-25     of the United States, the renewal application must include a
4-26     description of any investigations the licensee knows are in
 5-1     progress and of any sanctions imposed by or disciplinary matters
 5-2     pending in the state, district, territory, country, or service.
 5-3           (h)  On receipt of a renewal application and all required
 5-4     fees, the board, after ascertaining, either from the records of the
 5-5     board or from other sources considered by it to be reliable, that
 5-6     the applicant is a licensed practitioner of medicine in this state,
 5-7     shall issue to the licensee an annual registration permit
 5-8     certifying that the licensee has filed the renewal application, has
 5-9     paid the annual registration permit fee for the year in question,
5-10     and has completed the requirements for annual registration.
5-11           (i)  If a licensee's annual registration permit has been
5-12     expired for 90 days or less, the licensee may renew his or her
5-13     annual registration permit by submitting to the board the required
5-14     renewal application, renewal fee, and a $50 penalty fee.
5-15           (j)  If a licensee's annual registration permit has been
5-16     expired for longer than 90 days but less than one year, the
5-17     licensee may renew the annual registration permit by submitting to
5-18     the board the required renewal application, renewal fee, and a $100
5-19     penalty fee.
5-20           (k)  If a licensee's annual registration permit has been
5-21     expired for one year or longer, the license is considered to have
5-22     been canceled, and the licensee may not renew the annual
5-23     registration permit.
5-24           (l)  Each physician whose license is considered canceled may
5-25     obtain a new license by submitting to reexamination and complying
5-26     with the requirements, fees, and procedures for obtaining a
 6-1     license.  The board may issue a new license without examination to
 6-2     a person whose license is considered canceled for less than two
 6-3     years.
 6-4           (m)  The board by rule may adopt a system under which annual
 6-5     registration permits expire on various dates during the year.  For
 6-6     the year in which the expiration date is changed, annual
 6-7     registration permit fees shall be prorated.  On renewal of the
 6-8     annual registration on the new expiration date, the total annual
 6-9     registration permit fee is payable.
6-10           (n)  The filing of the renewal application, the payment of
6-11     the required fees, and the issuance of the permit shall not entitle
6-12     the holder to practice medicine in Texas unless the holder has been
6-13     previously licensed as a practitioner by the board, as prescribed
6-14     by law, and the license to practice medicine is in full force and
6-15     effect.  In any prosecution for the unlawful practice of medicine,
6-16     the annual registration permit required by this Act may not be
6-17     treated as evidence that the holder is lawfully entitled to
6-18     practice medicine.
6-19           (o)  Practicing medicine as defined in this Act without an
6-20     annual registration permit for the current year as provided in this
6-21     Act has the same force and effect as and is subject to all
6-22     penalties of practicing medicine without a license [be registered
6-23     as practitioners with the board on or before the first day of
6-24     January and thereafter shall register in like manner annually, on
6-25     or before the first day of January of each succeeding year.  Each
6-26     person so registered with the board shall pay, in connection with
 7-1     each annual registration and for the receipt hereinafter provided
 7-2     for, a fee established by the board which fee shall accompany the
 7-3     application of each person for registration.  The payment shall be
 7-4     made to the board.  Every person so registered shall file with the
 7-5     board a written application for annual registration, setting forth
 7-6     his name and mailing address, the place or places where the
 7-7     applicant is engaged in the practice of medicine, and other
 7-8     necessary information prescribed by the board.  If the person is
 7-9     licensed for the practice of medicine by another state, the
7-10     District of Columbia, a territory of the United States, Canada, any
7-11     other country, or the uniformed services of the United States, the
7-12     application must include a description of any investigations the
7-13     person knows are in progress and of any sanctions imposed by or
7-14     disciplinary matters pending in the state, district, territory,
7-15     country, or service.]
7-16           [(b)  Physicians not otherwise licensed by the board who are
7-17     participating in graduate medical education training programs
7-18     approved by the board may be issued institutional permits as
7-19     provided by rules of the board.  A reasonable fee shall be charged
7-20     and deposited into the medical registration fund.  This permit does
7-21     not authorize the performance of medical acts except as the acts
7-22     are performed as a part of graduate medical education programs and
7-23     under the supervision of a licensed practitioner of medicine.]
7-24           [(c)(1)  A person may renew an unexpired license by paying to
7-25     the board on or before the expiration date of the license the
7-26     required renewal fee.]
 8-1                 [(2)  If a person's license has been expired for 90
 8-2     days or less, the person may renew the license by paying to the
 8-3     board the required renewal fee and a fee that is one-half of the
 8-4     annual registration fee as established by the board under Section
 8-5     3.10(b)(7) of this Act.]
 8-6                 [(3)  If a person's license has been expired for longer
 8-7     than 90 days but less than one year, the person may renew the
 8-8     license by paying to the board all unpaid renewal fees and a fee
 8-9     that is equal to the annual registration fee as established by the
8-10     board under Section 3.10(b)(7) of this Act.]
8-11                 [(4)  If a person's license has been expired for one
8-12     year, it is considered to have been canceled, unless an
8-13     investigation is pending, and the person may not renew the license.
8-14     The person may obtain a new license by submitting to reexamination
8-15     and complying with the requirements and procedures for obtaining an
8-16     original license.]
8-17                 [(5)  The board may renew without examination an
8-18     expired license of a person who was licensed in this state, moved
8-19     to another state, and is currently licensed and has been in
8-20     practice in the other state for not more than two years preceding
8-21     application.  The person must pay to the board a fee that is equal
8-22     to the examination fee for the license.]
8-23                 [(6)  The board shall provide written notice to each
8-24     practitioner at the practitioner's last known address according to
8-25     the records of the board at least 30 days prior to the expiration
8-26     date of a license and shall provide for a 30-day grace period for
 9-1     payment of the annual registration fee from the date of the
 9-2     expiration of the license.]
 9-3           [(d)  Practicing medicine as defined in this Act without an
 9-4     annual registration receipt for the current year as provided in
 9-5     this Act has the same force and effect as and is subject to all
 9-6     penalties of practicing medicine without a license.]
 9-7           [(e)  On receipt of an application, accompanied by the proper
 9-8     registration fee, the board, after ascertaining, either from the
 9-9     records of the board or from other sources considered by it to be
9-10     reliable, that the applicant is a licensed practitioner of medicine
9-11     in this state, shall issue to the applicant an annual registration
9-12     receipt certifying that the applicant has filed the application and
9-13     has paid the registration fee for the year in question.  The filing
9-14     of the application, the payment of the registration fee, and the
9-15     issuance of the receipt shall not entitle the holder to practice
9-16     medicine in Texas unless he has in fact been previously licensed as
9-17     a practitioner by the board, as prescribed by law, and unless the
9-18     license to practice medicine is in full force and effect.  In any
9-19     prosecution for the unlawful practice of medicine the receipt
9-20     showing payment of the annual registration fee required by this Act
9-21     may not be treated as evidence that the holder is lawfully entitled
9-22     to practice medicine.]
9-23           [(f)  The executive director of the board shall file a surety
9-24     bond with the board.  The bond shall be in an amount not less than
9-25     $10,000, be in compliance with the insurance laws of the state, and
9-26     be payable to the state for the use of the state if the executive
 10-1    director does not faithfully discharge the duties of the office.
 10-2    The board shall pay the premium on the bond.]
 10-3          [(g)  The annual registration fee shall apply to all persons
 10-4    licensed by the board, whether or not they are practicing within
 10-5    the borders of this state, except retired physicians as provided by
 10-6    rules of the board.  A retired physician licensed by the board
 10-7    whose only practice is voluntary charity care is exempt from the
 10-8    annual registration fee.]
 10-9          [(h)  The executive director shall review each application
10-10    for licensure by examination or reciprocity and shall recommend to
10-11    the board all applicants eligible for licensure.  The executive
10-12    director also shall report to the board the names of all applicants
10-13    determined to be ineligible for licensure, together with the
10-14    reasons for each recommendation.  An applicant deemed ineligible
10-15    for licensure by the executive director may request review of such
10-16    recommendation by a committee of the board within 20 days of
10-17    receipt of such notice, and the executive director may refer any
10-18    application to said committee for a recommendation concerning
10-19    eligibility.  If the committee finds the applicant ineligible for
10-20    licensure, such recommendation, together with the reasons therefor,
10-21    shall be submitted to the board unless the applicant requests a
10-22    hearing within 20 days of receipt of notice of the committee's
10-23    determination.  The hearing shall be before an administrative law
10-24    judge of the State Office of Administrative Hearings and shall
10-25    comply with the Administrative Procedure Act and its subsequent
10-26    amendments and the rules of the State Office of Administrative
 11-1    Hearings and the board.  The committee may refer any application
 11-2    for determination of eligibility to the full board.  The board
 11-3    shall, after receiving the administrative law judge's proposed
 11-4    findings of fact and conclusions of law, determine the eligibility
 11-5    of the applicant for licensure.  A physician whose application for
 11-6    licensure is denied by the board shall receive a written statement
 11-7    containing the reasons for the board's action.  All reports
 11-8    received or gathered by the board on each applicant are
 11-9    confidential and are not subject to disclosure under the Open
11-10    Records Law.  The board may disclose such reports to appropriate
11-11    licensing authorities in other states].
11-12          Sec. 3.02.  PHYSICIAN IN TRAINING PERMITS [RENEWALS].
11-13    Physicians not otherwise licensed by the board who are
11-14    participating in graduate medical education training programs
11-15    approved by the board may be issued physician in training permits
11-16    as provided by rules of the board.  This permit does not authorize
11-17    the performance of medical acts except as the acts are performed as
11-18    part of graduate medical education training programs and under the
11-19    supervision of a licensed practitioner of medicine.  The board has
11-20    jurisdiction to discipline a physician whose physician in training
11-21    permit has expired if the violation of the law occurred during the
11-22    time that the permit was valid.  If an investigation is open when
11-23    the permit expires, the permit shall be executory and the board may
11-24    retain jurisdiction.  [(a)  On application on forms provided by the
11-25    board for this purpose and receipt of renewal fees, licenses shall
11-26    be renewed annually by the board.]
 12-1          [(b)  The board by rule may adopt a system under which
 12-2    registrations expire on various dates during the year.  The date
 12-3    for license cancellation due to nonpayment shall be adjusted
 12-4    accordingly.  For the year in which the expiration date is changed,
 12-5    registration fees payable on or before January 1 shall be prorated
 12-6    on a monthly basis so that each registrant shall pay only that
 12-7    portion of the registration fee which is allocable to the number of
 12-8    months during which the registration is valid.  On renewal of the
 12-9    registration on the new expiration date, the total registration fee
12-10    is payable.]
12-11          Sec. 3.03.  LICENSURE OF PHYSICIANS [RECIPROCAL AGREEMENTS].
12-12    (a)  The board, at its sole discretion [and upon payment by an
12-13    applicant of a fee prescribed by the board under this Act], may
12-14    grant a license to practice medicine to any physician who qualifies
12-15    under this Act.
12-16          (b)  An application for a license must be in writing and on
12-17    forms prescribed by the board.  The board may allow or require
12-18    applicants, by board rule, to use the Credentials Verification
12-19    Service offered by the Federation of State Medical Boards of the
12-20    United States.
12-21          (c)  The application forms must be accompanied by all fees,
12-22    documents, and photographs required by board rule.
12-23          (d)  Applicants for a license must subscribe to an oath in
12-24    writing before an officer authorized by law to administer oaths.
12-25    The written oath is part of the application.
12-26          (e)  An applicant may not be issued a license if the
 13-1    applicant has:
 13-2                (1)  a medical license that is currently restricted,
 13-3    canceled for cause, suspended, or revoked in a state of the United
 13-4    States, a province of Canada, or a uniformed service of the United
 13-5    States as defined by board rule;
 13-6                (2)  an investigation or a proceeding instituted
 13-7    against the applicant for the restriction, cancellation,
 13-8    suspension, or revocation in a state of the United States, a
 13-9    province of Canada, or a uniformed service of the United States; or
13-10                (3)  a prosecution pending against the applicant in any
13-11    state, federal, or Canadian court for any offense that under the
13-12    laws of this state is a felony or a misdemeanor that involves moral
13-13    turpitude.
13-14          (f)  An applicant must present satisfactory proof to the
13-15    board that each medical school attended is substantially equivalent
13-16    to a Texas medical school as determined by board rule.
13-17          (g)  An applicant who is a graduate of a medical school that
13-18    is located outside the United States and Canada must present
13-19    satisfactory proof to the board that the applicant:
13-20                (1)  is a graduate of a school whose curriculum meets
13-21    the requirements for an unapproved medical school as determined by
13-22    a committee of experts selected by the Texas Higher Education
13-23    Coordinating Board;
13-24                (2)  has successfully completed three years of graduate
13-25    medical training in the United States or Canada that was approved
13-26    by the board;
 14-1                (3)  is eligible for licensure to practice medicine in
 14-2    the country in which the school is located except for any
 14-3    citizenship requirements;
 14-4                (4)  possesses a valid certificate issued by the
 14-5    Educational Commission for Foreign Medical Graduates; and
 14-6                (5)  has the ability to communicate in the English
 14-7    language.
 14-8          (h)  All medical or osteopathic medical education received by
 14-9    the applicant in the United States must be accredited by an
14-10    accrediting body officially recognized by the United States
14-11    Department of Education as the accrediting body for medical
14-12    education leading to the doctor of medicine degree or the doctor of
14-13    osteopathy degree in the United States.  This subsection does not
14-14    apply to postgraduate medical education or training.
14-15          (i)  An applicant who is unable to comply with the
14-16    requirements of Subsection (h) of this section may be eligible for
14-17    an unrestricted license if the applicant:
14-18                (1)  received medical education in a hospital or
14-19    teaching institution sponsoring or participating in a program of
14-20    graduate medical education accredited by the Accrediting Council
14-21    for Graduate Medical Education, the American Osteopathic
14-22    Association, or the board in the same subject as the medical or
14-23    osteopathic medical education as defined by board rule; or
14-24                (2)  is specialty board certified by a board approved
14-25    by the American Osteopathic Association or the American Board of
14-26    Medical Specialties.
 15-1          (j)(1)  The executive director shall review each application
 15-2    for licensure and shall recommend to the board all applicants
 15-3    eligible for licensure.  The executive director also shall report
 15-4    to the board the names of all applicants determined to be
 15-5    ineligible for licensure, together with the reasons for each
 15-6    recommendation.
 15-7                (2)  An applicant deemed ineligible for licensure by
 15-8    the executive director may request review of such recommendation by
 15-9    a committee of the board within 20 days of receipt of such notice,
15-10    and the executive director may refer any application to the
15-11    committee for a recommendation concerning eligibility. The
15-12    committee may refer any application for determination of
15-13    eligibility to the full board.
15-14                (3)  If the committee finds the applicant ineligible
15-15    for licensure, such recommendation, together with the reasons for
15-16    the recommendation, shall be submitted to the board unless the
15-17    applicant requests a hearing within 20 days of receipt of notice of
15-18    the committee's determination.
15-19                (4)  If the applicant requests a hearing, the hearing
15-20    shall be before an administrative law judge of the State Office of
15-21    Administrative Hearings and shall comply with Chapter 2001,
15-22    Government Code, and the rules of the State Office of
15-23    Administrative Hearings and the board.
15-24                (5)  The board shall, after receiving the
15-25    administrative law judge's proposed findings of fact and
15-26    conclusions of law, determine the eligibility of the applicant for
 16-1    licensure.  A physician whose application for licensure is denied
 16-2    by the board shall receive a written statement containing the
 16-3    reasons for the board's action.
 16-4          (k)  Examination questions that may be used in the future,
 16-5    examinations other than the one taken by the person requesting it,
 16-6    and deliberations and records relating to the professional
 16-7    character and fitness of applicants are exempted from the open
 16-8    meetings law, Chapter 551, Government Code, and the public
 16-9    information law, Chapter 552, Government Code.
16-10          (l)  All reports received or gathered by the board on each
16-11    applicant are confidential and are not subject to disclosure under
16-12    the public information law, Chapter 552, Government Code.  The
16-13    board may disclose such reports to appropriate licensing
16-14    authorities in other states.  The board shall report all licensure
16-15    actions to appropriate licensing authorities in other states and to
16-16    the Federation of State Medical Boards of the United States.
16-17          (m)  In addition to the requirements prescribed by this Act,
16-18    the board may require applicants to comply with other requirements
16-19    that the board considers appropriate.  [is a graduate of an
16-20    acceptable medical college as determined by the board and who is a
16-21    licensee of another state or Canadian province having requirements
16-22    for physician registration and practice substantially equivalent to
16-23    those established by the laws of this state.]
16-24          [(b)  An application for a license under this section must be
16-25    in writing and upon a form prescribed by the board.  The
16-26    application must be accompanied by:]
 17-1                [(1)  a diploma or photograph of a diploma awarded to
 17-2    the applicant by an acceptable medical college and a certified
 17-3    transcript showing courses and grades;]
 17-4                [(2)  a license or a certified copy of a license to
 17-5    practice medicine lawfully issued to the applicant by some other
 17-6    state or a Canadian province that requires in its examination the
 17-7    same general degree of fitness required by this state and that
 17-8    grants the same reciprocal privileges to persons licensed by the
 17-9    board;]
17-10                [(3)  a certification made by the president or
17-11    secretary of the board that issued the license or a duly
17-12    constituted registration office of the state or Canadian province
17-13    that issued the certificate or license, reciting that the
17-14    accompanying certificate or license has not been canceled,
17-15    suspended, or revoked and reciting that the statement of the
17-16    qualifications made in the application for medical license in Texas
17-17    is true and correct; and]
17-18                [(4)  evidence of a passing grade on an examination
17-19    required by the board.]
17-20          [(c)  Applicants for a license under this section must
17-21    subscribe to an oath in writing before an officer authorized by law
17-22    to administer oaths.  The written oath must be a part of the
17-23    application.  The application must:]
17-24                [(1)  state that:]
17-25                      [(A)  the license, certificate, or authority
17-26    under which the applicant has most recently practiced medicine in
 18-1    the state or Canadian province from which the applicant is
 18-2    transferring to this state or in the uniformed service in which the
 18-3    applicant served is in full force and not restricted, canceled,
 18-4    suspended, or revoked;]
 18-5                      [(B)  the applicant is the identical person to
 18-6    whom the certificate or license and the diploma were issued;]
 18-7                      [(C)  no proceeding has been instituted against
 18-8    the applicant for the restriction, cancellation, suspension, or
 18-9    revocation of the certificate, license, or authority to practice
18-10    medicine in the state, Canadian province, or uniformed service of
18-11    the United States in which it was issued; and]
18-12                      [(D)  no prosecution is pending against the
18-13    applicant in any state, federal, or Canadian court for any offense
18-14    that under the laws of this state is a felony;]
18-15                [(2)  include a description of any sanctions imposed by
18-16    or disciplinary matters pending in the state or Canadian province
18-17    in which the applicant was or is licensed or certified to practice
18-18    medicine; and]
18-19                [(3)  include evidence of postgraduate training
18-20    required by the board.]
18-21          [(d)  An applicant for a license under this section must be
18-22    eligible for examination by the board.]
18-23          [(e)  In addition to other licensure requirements, the board
18-24    may require by rule and regulation that an applicant who is a
18-25    licensee of another state or Canadian province and who is a
18-26    graduate of a medical school located outside of the United States
 19-1    and Canada, or the school itself, provide additional information to
 19-2    the board concerning the medical school attended prior to approval
 19-3    of the applicant.]
 19-4          [(f)  The board may refuse to issue a license to an applicant
 19-5    who is a licensee of another state or Canadian province and who
 19-6    graduated from a medical school outside of the United States and
 19-7    Canada if it finds that the applicant does not possess the
 19-8    requisite qualifications to provide the same standard of medical
 19-9    care as provided by a licensed physician in this state.]
19-10          [(g)  In addition to the requirements prescribed by this
19-11    section, the board may require applicants to comply with other
19-12    requirements that the board considers appropriate.]
19-13          [(h)  The board may not refuse to issue a license to an
19-14    applicant under Subsection (f) of this section if the applicant:]
19-15                [(1)  for the preceding five years has been a licensee
19-16    of another state or a Canadian province;]
19-17                [(2)  is not the subject of a sanction imposed by or
19-18    disciplinary matter pending in any state or Canadian province in
19-19    which the applicant is licensed to practice medicine; and]
19-20                [(3)  is either specialty board certified by a board
19-21    that is a member of the American Board of Medical Specialties or a
19-22    specialty board approved by the American Osteopathic Association or
19-23    successfully passes an examination that the board shall determine
19-24    by rule.]
19-25          Sec. 3.04.  QUALIFICATIONS OF LICENSEES [QUALIFICATION OF
19-26    LICENSEE].  [(a)]  An applicant, to be eligible for [the
 20-1    examination and] issuance of a license, must present satisfactory
 20-2    proof to the board that the applicant:
 20-3                (1)  is at least 21 years of age;
 20-4                (2)  is of good professional character and has not
 20-5    violated Section 3.08 of this Act;
 20-6                (3)  has completed:
 20-7                      (A)  60 semester hours of college courses other
 20-8    than in medical school that are[, which courses would be]
 20-9    acceptable[, at the time of completion,] to The University of Texas
20-10    at Austin for credit on a bachelor of arts degree or a bachelor of
20-11    science degree;
20-12                      (B)  the entire primary, secondary, and
20-13    premedical education required in the country of medical school
20-14    graduation, if the medical school is located outside the United
20-15    States or Canada; or
20-16                      (C)  substantially equivalent courses as
20-17    determined by board rule; [and]
20-18                (4)  is a graduate of a [an acceptable] medical [or
20-19    osteopathic] school located inside the United States or Canada and
20-20    [or college that was] approved by the board who [at the time the
20-21    degree was conferred and] has successfully completed [a] one year
20-22    [program] of graduate medical training approved by the board in the
20-23    United States or Canada or is a graduate of a medical school
20-24    located outside the United States or Canada who has successfully
20-25    completed three years of graduate medical training approved by the
20-26    board in the United States or Canada;
 21-1                (5)  has successfully passed within three attempts an
 21-2    examination accepted or administered by the board; and
 21-3                (6)  has successfully passed a Texas medical
 21-4    jurisprudence examination as determined by board rule.
 21-5          [(b)  The applicant shall be eligible for examination prior
 21-6    to complying with the graduate training requirement of Subsection
 21-7    (a)(4) of this section but shall not be eligible for the issuance
 21-8    of an unrestricted license until the requirements of Subsection (a)
 21-9    of this section have been satisfied.]
21-10          [(c)  Applications for examination must be made in writing,
21-11    verified by affidavit, filed with the board on forms prescribed by
21-12    the board, and accompanied by documents and a fee as the board
21-13    determines to be reasonable.]
21-14          [(d)  To be recognized by the board for the purposes of this
21-15    subchapter, all medical or osteopathic medical education received
21-16    by the applicant in the United States must be accredited by an
21-17    accrediting body officially recognized by the United States
21-18    Department of Education as the accrediting body for medical
21-19    education leading to the doctor of medicine degree or the doctor of
21-20    osteopathy degree in the United States.  This subsection does not
21-21    apply to postgraduate medical education or training.]
21-22          [(f)  An applicant who is unable to comply with the
21-23    requirements of Subsection (d) of this section is eligible for an
21-24    unrestricted license if the applicant:]
21-25                [(1)  received such medical education in a hospital or
21-26    teaching institution sponsoring or participating in a program of
 22-1    graduate medical education accredited by the Accrediting Council
 22-2    for Graduate Medical Education, the American Osteopathic
 22-3    Association, or the Texas State Board of Medical Examiners in the
 22-4    same subject as the medical or osteopathic medical education if the
 22-5    hospital or teaching institution has an agreement with the
 22-6    applicant's school; or]
 22-7                [(2)  is specialty board certified by a board approved
 22-8    by the American Osteopathic Association or the American Board of
 22-9    Medical Specialties.]
22-10          [(g)  In addition to the other requirements of this section,
22-11    an applicant who is a graduate of a medical school that is located
22-12    outside the United States and Canada and that was not approved by
22-13    the board at the time the degree was conferred must, in order to be
22-14    eligible for the issuance of a license, present satisfactory proof
22-15    to the board that the applicant:]
22-16                [(1)  is a graduate of a school whose curriculum meets
22-17    the requirements for an unapproved medical school as determined by
22-18    a committee of experts selected by the Texas Higher Education
22-19    Coordinating Board;]
22-20                [(2)  has successfully completed three years of
22-21    graduate medical training in the United States or Canada that was
22-22    approved by the board on the date the training was completed;]
22-23                [(3)  is eligible for licensure to practice medicine in
22-24    the country in which the school is located;]
22-25                [(4)  possesses a valid certificate issued by the
22-26    Educational Commission for Foreign Medical Graduates;]
 23-1                [(5)  has the ability to communicate in the English
 23-2    language; and]
 23-3                [(6)  has passed the examination required by the board
 23-4    of all applicants for license as required by Section 3.05 of this
 23-5    Act.]
 23-6          [(h)  The board by rule may establish alternate educational
 23-7    prerequisites to those required by Subsection (a)(3) of this
 23-8    section for an applicant who graduated from an unapproved medical
 23-9    school located outside the United States and Canada.]
23-10          [(i)  In addition to other licensure requirements, the board,
23-11    before approving the applicant, may require by rule that a graduate
23-12    of an unapproved medical school located outside the United States
23-13    and Canada or the school of which the person is a graduate provide
23-14    additional information to the board concerning the school.]
23-15          [(j)  The board may refuse to issue a license to an applicant
23-16    who graduated from an unapproved medical school located outside the
23-17    United States and Canada if it finds that:]
23-18                [(1)  the applicant does not possess the requisite
23-19    qualifications to provide the same standard of medical care as
23-20    provided by a physician licensed in this state; or]
23-21                [(2)  the applicant failed to provide the board
23-22    evidence to establish that the applicant completed medical
23-23    education or professional training substantially equivalent to that
23-24    provided by a medical school in this state.]
23-25          Sec. 3.05.  EXAMINATIONS ACCEPTED OR ADMINISTERED
23-26    [EXAMINATION].  (a)  The board may administer or accept the
 24-1    following examinations for licensure as determined by rule:
 24-2                (1)  a state board licensing examination;
 24-3                (2)  the Medical Council of Canada Examination (LMCC)
 24-4    or its successor;
 24-5                (3)  the National Board of Osteopathic Medical
 24-6    Examiners (NBOME) examination or its successor;
 24-7                (4)  the National Board of Medical Examiners (NBME)
 24-8    examination or its successor;
 24-9                (5)  the Federation Licensing Examination (FLEX) with a
24-10    weighted average in one sitting before June, 1985;
24-11                (6)  the Federation Licensing Examination (FLEX) after
24-12    May, 1985;
24-13                (7)  the United States Medical Licensing Examination
24-14    (USMLE) or its successor; or
24-15                (8)  a combination of the National Board of Osteopathic
24-16    Medical Examiners examination and the Federation Licensing
24-17    Examination after May, 1985, or of the United States Medical
24-18    Licensing Examination, the Federation Licensing Examination after
24-19    May, 1985, and the National Board of Medical Examiners examination,
24-20    as determined by board rule.
24-21          (b)  All examinations used by the board for licensure
24-22    [license] to practice medicine shall be [conducted] in writing in
24-23    the English language and shall [in a manner as to] be entirely fair
24-24    and impartial to all individuals and to every school or system of
24-25    medicine.  Applicants who wish to request reasonable accommodations
24-26    due to a disability shall submit the request on filing the
 25-1    application.
 25-2          (c)  Examinations shall include [be conducted on and cover
 25-3    those] subjects generally taught by medical schools, a knowledge of
 25-4    which is commonly and generally required of candidates for the
 25-5    degree of doctor of medicine or doctor of osteopathy conferred by
 25-6    schools in Texas.
 25-7          (d)  The board shall administer the Texas medical
 25-8    jurisprudence examination to all applicants.
 25-9          (e)  The minimum passing grade for all examinations used by
25-10    the board shall be determined by rule.
25-11          (f)  Examinations administered to evaluate basic medical
25-12    knowledge and clinical competency shall be prepared by a national
25-13    testing service or the board and validated by qualified independent
25-14    testing professionals.
25-15          (g)  All questions, answers, and grades shall be preserved
25-16    for one year as the board may direct by rule.
25-17          (h)  All applicants shall be given due notice of the date and
25-18    place of the examination if administered by the board.
25-19          (i)  Within 120 days after the day on which an examination is
25-20    administered by the board, each examinee shall be notified of the
25-21    results of the examination.  However, if an examination is graded
25-22    or reviewed by a national testing service, the board shall notify
25-23    each examinee of the results of the examination not later than 30
25-24    days after the date the board receives the results from the testing
25-25    service.
25-26          (j)  All parts of the Medical Council of Canada Examination,
 26-1    the National Board of Osteopathic Medical Examiners examination,
 26-2    the National Board of Medical Examiners examination, the Federation
 26-3    Licensing Examination after May, 1985, and the United States
 26-4    Medical Licensing Examination must be passed within seven years.
 26-5          (k)  Each part of any examination used for licensure must be
 26-6    passed within three attempts.  [or colleges of medicine approved by
 26-7    the board, and the examinations shall also be conducted on and
 26-8    cover the subject of medical jurisprudence.  Examinations shall be
 26-9    prepared by a national testing service or prepared by the board and
26-10    validated by qualified independent testing professionals.  On
26-11    satisfactory examination conducted as required by this Act under
26-12    rules of the board, applicants may be granted licenses to practice
26-13    medicine.  All questions and answers, with the grades attached,
26-14    shall be preserved for one year in the executive office of the
26-15    board or such other repository as the board by rule may direct.
26-16    All applicants examined at the same time shall be given identical
26-17    questions.  All certificates shall be attested by the seal of the
26-18    board.  The board in its discretion may give the examination for
26-19    license in two or more parts.]
26-20          [(b)  In addition to the requirements prescribed by this Act,
26-21    the board may require applicants to comply with other requirements
26-22    that the board considers appropriate and establish reasonable fees
26-23    for examination.]
26-24          [(c)  All applicants for license to practice medicine in this
26-25    state not otherwise licensed under the provisions of law must
26-26    successfully pass a uniform examination approved by the board as
 27-1    determined by rule.  The board is authorized to adopt and enforce
 27-2    all rules of procedure not inconsistent with statutory
 27-3    requirements.  All applicants shall be given due notice of the date
 27-4    and place of the examination.  If any applicant, because of failure
 27-5    to pass the required examination, is refused a license, the
 27-6    applicant, at a time as the board may fix, shall be permitted to
 27-7    take a subsequent examination not more than two additional times as
 27-8    the board may prescribe on the payment of a fee as the board may
 27-9    determine to be reasonable.  In the event satisfactory grades shall
27-10    be made on the subjects prescribed and taken on the reexamination,
27-11    the board may grant the applicant a license to practice medicine.
27-12    The board shall determine the credit to be given examinees on
27-13    answers turned in on the subjects of complete and partial
27-14    examination, and its decision is final.]
27-15          [(d)  Examination questions that may be used in the future,
27-16    examinations other than the one taken by the person requesting it,
27-17    and deliberations and records relating to the professional
27-18    character and fitness of applicants are exempted from the Open
27-19    Meetings Law and the Open Records Law.  The records, however, shall
27-20    be disclosed to individual applicants upon written request, unless
27-21    the person supplying the information to the board requests that it
27-22    not be disclosed.]
27-23          [(e)  Within 90 days after the day on which an examination is
27-24    administered under this Act, the board shall notify each examinee
27-25    of the results of the examination.  However, if an examination is
27-26    graded or reviewed by a national testing service, the board shall
 28-1    notify each examinee of the results of the examination not later
 28-2    than the 30th day after the date the board receives the results
 28-3    from the testing service.  If the notice of the examination results
 28-4    will be delayed for longer than 90 days after the examination, the
 28-5    board shall notify the examinee of the reason for the delay before
 28-6    the 90th day.]
 28-7          [(f)  If requested in writing by a person who fails the
 28-8    examination administered under this Act, the board shall furnish
 28-9    the person with a summarized analysis of the person's performance
28-10    on the examination consisting of the person's score on each portion
28-11    of the examination.]
28-12          SECTION 3.  Section 3.10, Medical Practice Act (Article
28-13    4495b, Vernon's Texas Civil Statutes), as amended by Chapters 214
28-14    and 862, Acts of the 73rd Legislature, Regular Session, 1993, is
28-15    amended to read as follows:
28-16          Sec. 3.10.  FEES.  (a)  All receipts collected by the board
28-17    shall be placed in the state treasury.  The fees deposited shall be
28-18    credited to the appropriations of the board and may be spent only
28-19    for the enforcement of this Act, the prohibition of the unlawful
28-20    practice of medicine, the dissemination of information to prevent
28-21    the violation of the laws, and the prosecution of those who violate
28-22    the laws.  All distributions may be made only on written approval
28-23    of the executive director of the board or his designated
28-24    representative.
28-25          (b)  The board may not set, charge, collect, receive, or
28-26    deposit any of the following fees in excess of:
 29-1                (1)  License and first annual registration
 29-2    permit........................................................ $900
 29-3                (2)  Temporary license............................ $200
 29-4                (3)  Renewal of annual registration permit........ $200
 29-5                (4)  Physician in training permit................. $200
 29-6                (5)  Endorsement to other state medical
 29-7    boards........................................................ $200
 29-8                (6)  Duplicate license............................ $200
 29-9                (7)  Reinstated license after cancellation
29-10    for cause.................................................... $700.
29-11          (c)  The board may set and collect a sales charge for making
29-12    copies of records in the office of the board and for any material
29-13    published by the board.
29-14          (d)  The financial transactions of the board are subject to
29-15    audit by the state auditor in accordance with Chapter 321,
29-16    Government Code.
29-17          (e)  The board shall file annually with the governor and the
29-18    presiding officer of each house of the legislature a complete and
29-19    detailed written report accounting for all funds received and
29-20    disbursed by the board during the preceding fiscal year.  The
29-21    annual report must be in the form and reported in the time provided
29-22    by the General Appropriations Act.  [All annual registration fees
29-23    collected by the board shall be placed in the State Treasury to the
29-24    credit of the medical registration fund.  The fees deposited to
29-25    this special fund shall be credited to the appropriations of the
29-26    board and may be spent only as provided by the General
 30-1    Appropriations Act, this Act, or other applicable statutes.  Money
 30-2    in that fund may be used by the board and under its direction in
 30-3    the enforcement of this Act, the prohibition of the unlawful
 30-4    practice of medicine, the dissemination of information to prevent
 30-5    the violation of the laws, and the prosecution of those who violate
 30-6    the laws.  All distributions from the fund may be made only upon
 30-7    written approval of the secretary-treasurer of the board or his
 30-8    designated representative, and the comptroller shall upon
 30-9    requisition of the board from time to time draw warrants upon the
30-10    fund for the amounts specified in the requisition.]
30-11          [(b)  The board may not set, charge, collect, receive, or
30-12    deposit any of the following fees in excess of:]
30-13                [(1)  for processing and granting a license
30-14    by reciprocity to a licensee of another state................. $700]
30-15                [(2)  for processing an application and
30-16    administration of a partial examination for licensure......... $700]
30-17                [(3)  for processing an application and
30-18    administration of a complete examination for licensure........ $700]
30-19                [(4)  for processing an application and
30-20    issuance of a temporary license............................... $200]
30-21                [(5)  for processing an application and
30-22    issuance of a duplicate license............................... $200]
30-23                [(6)  for processing an application and
30-24    issuance of a license of reinstatement after a lapse or
30-25    cancellation of a license..................................... $700]
30-26                [(7)  for processing an application and
 31-1    issuance of an annual registration of a licensee.............. $200]
 31-2                [(8)  for processing and issuance of an
 31-3    institutional permit for interns, residents, and others
 31-4    in approved medical training programs......................... $200]
 31-5                [(9)  for processing an application and
 31-6    issuance of an endorsement to other state medical boards...... $200]
 31-7                [(10)  for processing and issuance of a
 31-8    license or temporary license to a physician assistant......... $200]
 31-9                [(11)  for processing and issuance of a
31-10    permit to a physician who supervises an acupuncturist........ $200.]
31-11          [(b)  The board may set and collect a sales charge for making
31-12    copies of any paper of record in the office of the board and for
31-13    any printed material published by the board.  The charges shall be
31-14    in amounts considered sufficient to reimburse the board for the
31-15    actual expense.]
31-16          [(c)  The financial transactions of the board are subject to
31-17    audit by the state auditor in accordance with Chapter 321,
31-18    Government Code.]
31-19          [(d)  The board shall file annually with the governor and the
31-20    presiding officer of each house of the legislature a complete and
31-21    detailed written report accounting for all funds received and
31-22    disbursed by the board during the preceding fiscal year.  The
31-23    annual report must be in the form and reported in the time provided
31-24    by the General Appropriations Act.]
31-25          SECTION 4.  Section 3.11A, Medical Practice Act (Article
31-26    4495b, Vernon's Texas Civil Statutes), is amended to read as
 32-1    follows:
 32-2          Sec. 3.11A.  SURCHARGE; DISPOSITION [OF FEES].  (a)  An
 32-3    additional $200 surcharge shall be added to the fee for each of the
 32-4    following:
 32-5                (1)  license and first annual registration permit;
 32-6                (2)  renewal of annual registration permit; and
 32-7                (3)  reinstated license after cancellation for cause.
 32-8    [This section applies to each of the following fees:]
 32-9                [(1)  fee for processing and granting a license by
32-10    reciprocity to a licensee of another state;]
32-11                [(2)  fee for processing an application and
32-12    administration of a partial examination for licensure;]
32-13                [(3)  fee for processing an application and
32-14    administration of a complete examination for licensure;]
32-15                [(4)  fee for processing an application and issuance of
32-16    a license of reinstatement after a lapse or cancellation of a
32-17    license; and]
32-18                [(5)  fee for processing an application and issuance of
32-19    an annual registration of a licensee.]
32-20          (b)  Of each surcharge [fee] collected, $50 shall be
32-21    deposited to the credit of the foundation school fund and $150
32-22    shall be deposited to the credit of the general revenue fund.  This
32-23    subsection applies to the disposition of the stated portion of each
32-24    fee regardless of any other provision of law providing for a
32-25    different disposition of funds.
32-26          SECTION 5.  Section 2.10, as added by Section 1.04, Chapter
 33-1    36, Acts of the 73rd Legislature, Regular Session, 1993, and
 33-2    Sections 3.0305 and 3.031, Medical Practice Act (Article 4495b,
 33-3    Vernon's Texas Civil Statutes), are repealed.
 33-4          SECTION 6.  The importance of this legislation and the
 33-5    crowded condition of the calendars in both houses create an
 33-6    emergency and an imperative public necessity that the
 33-7    constitutional rule requiring bills to be read on three several
 33-8    days in each house be suspended, and this rule is hereby suspended,
 33-9    and that this Act take effect and be in force from and after its
33-10    passage, and it is so enacted.