By: Rodriguez, Deuell  S.B. No. 1082
         (In the Senate - Filed March 4, 2013; March 12, 2013, read
  first time and referred to Committee on Health and Human Services;
  March 28, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 1; March 28, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1082 By:  Zaffirini
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to examination requirements for certain applicants for a
  license to practice medicine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 155.051, Occupations Code, is amended by
  adding Subsections (d) and (e) to read as follows:
         (d)  The time frame to pass each part of the examination does
  not apply to an applicant who:
               (1)  is licensed and in good standing as a physician in
  another state;
               (2)  has been licensed for at least five years;
               (3)  does not hold a medical license in the other state
  that has or has ever had any restrictions, disciplinary orders, or
  probation; and
               (4)  will practice in a medically underserved area or a
  health manpower shortage area, as those terms are defined by
  Section 157.052.
         (e)  The board may by rule establish a process to verify that
  a person, after meeting the requirements of Subsection (d),
  practices only in an area described by Subsection (d)(4).
         SECTION 2.  Section 155.056, Occupations Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (e) to read
  as follows:
         (a)  An applicant must pass:
               (1)  each individual part of an examination within five
  [three] attempts; and
               (2)  all parts of an examination collectively within
  nine attempts.
         (d)  The limitation on examination attempts by an applicant
  under Subsection (a) does not apply to:
               (1)  an applicant who[:
               [(1)     is licensed and in good standing as a physician in
  another state;
               [(2)  has been licensed for at least five years;
               [(3)     does not hold a medical license in the other state
  that has any restrictions, disciplinary orders, or probation; and
               [(4)     passed all but one part of the examination
  approved by the board within three attempts and:
                     [(A)     passed the remaining part of the examination
  within one additional attempt; or
                     [(B)     passed the remaining part of the examination
  within six attempts if the applicant:
                           [(i)]  is specialty board certified by a
  specialty board that:
                     (A) [(a)]  is a member of the American Board of
  Medical Specialties; or
                     (B) [(b)]  is approved by the American
  Osteopathic Association; or
               (2)  an applicant who:
                     (A)  is licensed and in good standing as a
  physician in another state;
                     (B)  has been licensed for at least five years;
                     (C)  does not hold a medical license in the other
  state that has or has ever had any restrictions, disciplinary
  orders, or probation; and
                     (D)  will practice in a medically underserved area
  or a health manpower shortage area, as those terms are defined by
  Section 157.052[; and
                           [(ii)     has completed in this state an
  additional two years of postgraduate medical training approved by
  the board].
         (e)  The board may by rule establish a process to verify that
  a person who, after meeting the requirements of Subsection (d)(2),
  practices only in an area described by Subsection (d)(2)(D).
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
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