By: Frank, et al. (Senate Sponsor - Blanco) H.B. No. 548

(In the Senate - Received from the House May 3, 2021; May 4, 2021, read first time and referred to Committee on Veteran Affairs & Border Security; May 20, 2021, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; May 20, 2021, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 548 By: Blanco

A BILL TO BE ENTITLED

AN ACT

relating to the temporary licensing of certain military veterans as health care providers to practice in underserved areas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 155, Occupations Code, is amended by adding Section 155.108 to read as follows:

Sec. 155.108. TEMPORARY LICENSE FOR MILITARY VETERAN TO PRACTICE IN CERTAIN AREAS. (a) In this section, "active duty" and "armed forces of the United States" have the meanings assigned by Section 55.001.

(b) The board shall issue a temporary license to practice medicine in a location described by Subsection (e) to an applicant who:

(1) is licensed in good standing as a physician in another state;

(2) is a veteran of the armed forces of the United States who retired from or otherwise left military service not more than one year before the application date for a license under this section; and

(3) was, at the time of retiring from or leaving military service:

(A) serving on active duty in this state; and

(B) authorized as a physician to treat persons enlisted in the armed forces of the United States or veterans.

(c) An applicant for a license under this section is not required to have passed the Texas medical jurisprudence examination.

(d) The board may not issue a license under this section to an applicant who:

(1) was discharged or separated from the armed forces of the United States:

(A) on the basis of substandard conduct; or

(B) for any act of misconduct or moral or professional dereliction;

(2) holds a medical license or a license to prescribe, dispense, administer, supply, or sell a controlled substance that:

(A) is currently under active investigation; or

(B) is or was subject to a disciplinary order or action or to denial by any jurisdiction; or

(3) has been convicted of, is on deferred adjudication community supervision or deferred disposition for, or is under active investigation for the commission of:

(A) a felony; or

(B) a misdemeanor involving moral turpitude.

(e) A physician licensed under this section may practice only in:

(1) a health professional shortage area, as defined by Section 157.051; or

(2) a medically underserved community, as defined by Section 487.201, Government Code.

(f) A license issued under this section:

(1) expires 18 months after the date the license was issued; and

(2) may not be renewed.

SECTION 2. Subchapter F, Chapter 301, Occupations Code, is amended by adding Section 301.262 to read as follows:

Sec. 301.262. TEMPORARY LICENSE FOR MILITARY VETERAN TO PRACTICE IN CERTAIN AREAS. (a) In this section, "active duty" and "armed forces of the United States" have the meanings assigned by Section 55.001.

(b) The board shall issue a temporary license to practice nursing in a location described by Subsection (e) to an applicant who:

(1) is licensed in good standing as a nurse in another state;

(2) is a veteran of the armed forces of the United States who retired from or otherwise left military service not more than one year before the application date for a license under this section; and

(3) was, at the time of retiring from or otherwise leaving military service:

(A) serving on active duty in this state; and

(B) authorized as a nurse to treat persons enlisted in the armed forces of the United States or veterans.

(c) An applicant for a license under this section is not required to have passed the jurisprudence examination.

(d) The board may not issue a license under this section to an applicant who:

(1) was discharged or separated from the armed forces of the United States:

(A) on the basis of substandard conduct; or

(B) for any act of misconduct or moral or professional dereliction;

(2) holds a nursing license or a license to prescribe, dispense, administer, supply, or sell a controlled substance that:

(A) is currently under active investigation; or

(B) is or was subject to a disciplinary order or action or to denial by any jurisdiction; or

(3) has been convicted of, is on deferred adjudication community supervision or deferred disposition for, or is under active investigation for the commission of:

(A) a felony; or

(B) a misdemeanor involving moral turpitude.

(e) A nurse licensed under this section may practice only in:

(1) a health professional shortage area, as defined by Section 157.051; or

(2) a medically underserved community, as defined by Section 487.201, Government Code.

(f) A license issued under this section:

(1) expires 18 months after the date the license was issued; and

(2) may not be renewed.

SECTION 3. This Act takes effect September 1, 2021.

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