S.B. 788 78(R)    BILL ANALYSIS


S.B. 788
By: Carona
Public Health
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

S.B. 788 authorizes the Texas State Board of Medical Examiners (TSBME) to
adopt rules and prescribe fees related to the issuance of a license under
this section that is limited in scope to an applicant by virtue of the
applicant's conceded eminence and authority in the applicant's profession.
This bill also allows TSBME to adopt certain other rules relating to the
issuance of a limited license and authorizes TSBME to require that the
holder of a license under this section serve a six-month probationary
period during which medical services provided by the license holder are
supervised by another licensed physician. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas State Board of Medical Examiners in SECTION  1
(Section 155.006, Occupations Code) of this bill. 

ANALYSIS
Amends Subchapter A, Chapter 155, Occupations Code, by adding Section
155.006, as follows: 
Sec. 155.006. ISSUANCE OF LIMITED LICENSE. (a) Authorizes the Texas State
Board of Medical Examiners (TSBME) to adopt rules and prescribe fees
related to the issuance of a license under this section that is limited in
scope to an applicant by virtue of the applicant's conceded eminence and
authority in the applicant's profession. 
(b) Provides that an applicant is eligible for a limited license under
this section on presenting proof satisfactory to TSBME that the applicant
meets certain criteria. 
(c) Authorizes TSBME, in adopting rules under this section, to adopt rules
that prescribe additional qualifications for an applicant, including
education and examination requirements, conditions of employment, and
application procedures.  Authorizes TSBME, by rule, to qualify, restrict,
or otherwise limit a license issued under this section. 
(d) Authorizes TSBME, by rule, to define "conceded eminence and authority
in the applicant's profession." Requires TSBME, in adopting rules under
this subsection, to consider certain criteria. 
(e) Authorizes TSBME to require that the holder of a license under this
section serve a six-month probationary period during which medical
services provided by the license holder are supervised by another licensed
physician. 

Requires TSBME to adopt rules necessary to implement the requirements of
Section 
155.006, Occupations Code, as added by this Act, not later than March 1,
2004. 

EFFECTIVE DATE
September 1, 2003