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A BILL TO BE ENTITLED
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AN ACT
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relating to examination requirements for certain applicants for a |
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license to practice medicine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 154.006, Occupations |
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Code, is amended to read as follows: |
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(b) A profile must contain the following information on each |
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physician: |
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(1) the name of each medical school attended and the |
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dates of: |
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(A) graduation; or |
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(B) Fifth Pathway designation and completion of |
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the Fifth Pathway Program; |
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(2) a description of all graduate medical education in |
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the United States or Canada; |
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(3) the number of attempts taken by the physician to |
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pass each part of the licensing examination required under Section |
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155.051; |
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(4) any specialty certification held by the physician |
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and issued by a medical licensing board that is a member of the |
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American Board of Medical Specialties or the Bureau of Osteopathic |
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Specialists; |
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(5) [(4)] the number of years the physician has |
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actively practiced medicine in: |
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(A) the United States or Canada; and |
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(B) this state; |
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(6) [(5)] the name of each hospital in this state in |
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which the physician has privileges; |
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(7) [(6)] the physician's primary practice location; |
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(8) [(7)] the type of language translating services, |
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including translating services for a person with impairment of |
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hearing, that the physician provides at the physician's primary |
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practice location; |
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(9) [(8)] whether the physician participates in the |
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Medicaid program; |
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(10) [(9)] a description of any conviction for a |
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felony, a Class A or Class B misdemeanor, or a Class C misdemeanor |
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involving moral turpitude; |
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(11) [(10)] a description of any charges reported to |
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the board to which the physician has pleaded no contest, for which |
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the physician is the subject of deferred adjudication or pretrial |
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diversion, or in which sufficient facts of guilt were found and the |
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matter was continued by a court; |
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(12) [(11)] a description of any disciplinary action |
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against the physician by the board; |
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(13) [(12)] a description of any disciplinary action |
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against the physician by a medical licensing board of another |
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state; |
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(14) [(13)] a description of the final resolution |
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taken by the board on medical malpractice claims or complaints |
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required to be opened by the board under Section 164.201; |
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(15) [(14)] whether the physician's patient service |
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areas are accessible to disabled persons, as defined by federal |
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law; |
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(16) [(15)] a description of any formal complaint |
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against the physician initiated and filed under Section 164.005 and |
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the status of the complaint; and |
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(17) [(16)] a description of any medical malpractice |
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claim against the physician, not including a description of any |
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offers by the physician to settle the claim, for which the physician |
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was found liable, a jury awarded monetary damages to the claimant, |
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and the award has been determined to be final and not subject to |
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further appeal. |
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SECTION 2. Section 155.051, Occupations Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) The time frame to pass each part of the examination does |
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not apply to an applicant who: |
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(1) is licensed and in good standing as a physician in |
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another state; |
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(2) has been licensed for at least five years; |
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(3) does not hold a medical license in the other state |
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that has or has ever had any restrictions, disciplinary orders, or |
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probation; and |
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(4) will practice in a medically underserved area or a |
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health manpower shortage area, as those terms are defined by |
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Section 157.052. |
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(e) The board may by rule establish a process to verify that |
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a person, after meeting the requirements of Subsection (d), |
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practices only in an area described by Subsection (d)(4). |
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SECTION 3. Section 155.056, Occupations Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (e) to read |
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as follows: |
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(a) An applicant must pass: |
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(1) each individual part of an examination within five |
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[three] attempts; and |
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(2) all parts of an examination collectively within |
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nine attempts. |
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(d) The limitation on examination attempts by an applicant |
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under Subsection (a) does not apply to: |
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(1) an applicant who[:
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[(1)
is licensed and in good standing as a physician in
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another state;
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[(2) has been licensed for at least five years;
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[(3)
does not hold a medical license in the other state
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that has any restrictions, disciplinary orders, or probation; and
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[(4)
passed all but one part of the examination
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approved by the board within three attempts and:
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[(A)
passed the remaining part of the examination
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within one additional attempt; or
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[(B)
passed the remaining part of the examination
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within six attempts if the applicant:
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[(i)] is specialty board certified by a |
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specialty board that: |
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(A) [(a)] is a member of the American Board of |
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Medical Specialties; or |
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(B) [(b)] is approved by the American |
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Osteopathic Association; or |
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(2) an applicant who: |
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(A) is licensed and in good standing as a |
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physician in another state; |
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(B) has been licensed for at least five years; |
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(C) does not hold a medical license in the other |
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state that has or has ever had any restrictions, disciplinary |
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orders, or probation; and |
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(D) will practice in a medically underserved area |
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or a health manpower shortage area, as those terms are defined by |
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Section 157.052[; and
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[(ii)
has completed in this state an
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additional two years of postgraduate medical training approved by
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the board]. |
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(e) The board may by rule establish a process to verify that |
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a person who, after meeting the requirements of Subsection (d)(2), |
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practices only in an area described by Subsection (d)(2)(D). |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |