BILL ANALYSIS

Senate Research Center                                                                                                          S.B. 30

80R697 YDB-D                                                                                                               By: Nelson

Health and Human Services

2/2/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, 46 percent of Texas counties are classified as health professional shortage areas. Current law stipulates that a person who holds a J-1 visa must practice medicine in an underserved area for three years, while a person who holds an H1B visa is not to required to practice medicine in an underserved area.

As proposed, S.B. 30 requires an applicant for a medical license in Texas who is not a United States citizen or permanent resident and who obtains an H1B visa to practice at a medical school or practice for three years in an underserved area.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Medical Board in SECTION 1 (Section 155.0045, Occupations Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 155, Occupations Code, by adding Section 155.0045, as follows:

Sec. 155.0045. ADDITIONAL ELIGIBILITY REQUIREMENT FOR CERTAIN ALIENS. (a) Requires a license applicant who is not a U.S. citizen or an alien lawfully admitted for permanent residence in the U.S. to present satisfactory proof to the Texas Medical Board (board)  that the applicant has practiced medicine or agreed to practice medicine as a condition of the license for at least three years in an area in Texas designated as a health professional shortage area or a medically underserved area by the United States Department of Health and Human Services.

(b) Provides that the board is not prohibited from issuing to an applicant a license to practice at a graduate medical training program that is in an area not described Subsection (a).

(c) Requires the board to adopt rules and procedures to the implement this section, including rules to determine whether the applicant is incompliance with the requirements under Subsection (a)

(d) Permits the board by rule to limit the license to practice medicine of an applicant described by Subsection (a) to a federally designated health professional shortage area or medically underserved area.

SECTION 2. Requires the board to adopt rules necessary for implementation not later than May 1, 2008.

SECTION 3. Makes application of this Act prospective to September 1, 2008.

SECTION 4. Effective date: September 1, 2007.