| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the issuance of a license to practice medicine to |
|
|
certain applicants licensed or educated in a foreign country. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 155, Occupations Code, is |
|
|
amended by adding Sections 155.012 and 155.013 to read as follows: |
|
|
Sec. 155.012. ISSUANCE OF LICENSE TO APPLICANT LICENSED TO |
|
|
PRACTICE MEDICINE IN CERTAIN FOREIGN COUNTRIES. Notwithstanding |
|
|
Sections 155.003, 155.004, 155.005, and 155.051, the board shall |
|
|
issue a license to practice medicine to an applicant who presents |
|
|
proof satisfactory to the board that the applicant: |
|
|
(1) is a resident of and licensed in good standing to |
|
|
practice medicine in Australia, Canada, Ireland, Israel, New |
|
|
Zealand, Singapore, South Africa, Switzerland, or the United |
|
|
Kingdom; |
|
|
(2) has been granted a degree of doctor of medicine or |
|
|
a substantially similar degree by a program of medical education |
|
|
determined by the board to be in good standing in accordance with |
|
|
board rule; |
|
|
(3) has: |
|
|
(A) completed a residency or substantially |
|
|
similar post-graduate medical training in the applicant's country |
|
|
of residence; or |
|
|
(B) practiced as a medical professional |
|
|
performing the duties of a physician in the applicant's country of |
|
|
residence for not less than two years; |
|
|
(4) has proficiency in the English language; and |
|
|
(5) is authorized under federal law to work in the |
|
|
United States. |
|
|
Sec. 155.013. ISSUANCE OF LICENSE TO GRADUATE OF CERTAIN |
|
|
BOARD-APPROVED FOREIGN MEDICAL PROGRAMS. (a) Notwithstanding |
|
|
Sections 155.003, 155.004, and 155.005, the board shall issue a |
|
|
license to practice medicine to an applicant who satisfies: |
|
|
(1) the eligibility requirements of this section; and |
|
|
(2) the examination requirements of Section 155.051. |
|
|
(b) To be eligible for a license under this section, an |
|
|
applicant must present proof satisfactory to the board that the |
|
|
applicant: |
|
|
(1) has been granted a degree of doctor of medicine or |
|
|
a substantially similar degree by a foreign medical program |
|
|
approved under Subsection (c); |
|
|
(2) is licensed in good standing to practice medicine |
|
|
in another country; |
|
|
(3) has: |
|
|
(A) completed a residency or substantially |
|
|
similar post-graduate medical training in the applicant's country |
|
|
of licensure; or |
|
|
(B) practiced as a medical professional |
|
|
performing the duties of a physician in the applicant's country of |
|
|
licensure for not less than two years; |
|
|
(4) has proficiency in the English language; and |
|
|
(5) is authorized under federal law to work in the |
|
|
United States. |
|
|
(c) The board shall adopt rules regarding the approval of |
|
|
foreign medical programs for purposes of this section. Rules |
|
|
adopted under this subsection must provide that a foreign medical |
|
|
program is eligible to apply under this section only if the program |
|
|
is a medical school, residency program, medical internship program, |
|
|
or other entity that provides medical education or training outside |
|
|
of the United States that is substantially similar to the education |
|
|
or training provided by a medical school described by Section |
|
|
155.003(a)(4). |
|
|
(d) The board shall approve an application under this |
|
|
section not later than the 120th day after the date the application |
|
|
is submitted unless: |
|
|
(1) the board determines the applicant does not meet |
|
|
the eligibility requirements described by Subsection (c); or |
|
|
(2) the board finds by clear and convincing evidence |
|
|
that the majority of the program's graduates are not likely to |
|
|
provide medical care that satisfies applicable board standards |
|
|
relating to safety, competency, or professional conduct in the |
|
|
practice of medicine. |
|
|
(e) A foreign medical program may appeal the board's denial |
|
|
of the program's application under this section. The appeal is |
|
|
considered to be a contested case under Chapter 2001, Government |
|
|
Code. |
|
|
(f) The board shall approve for purposes of this section a |
|
|
foreign medical program if at least five graduates of the program |
|
|
have been issued a license to practice medicine under Section |
|
|
155.1015(c). |
|
|
(g) The board shall maintain on the board's Internet website |
|
|
a list of all foreign medical programs approved under this section |
|
|
and provide a copy of the list on request. |
|
|
SECTION 2. Subchapter C, Chapter 155, Occupations Code, is |
|
|
amended by adding Section 155.1015 to read as follows: |
|
|
Sec. 155.1015. ISSUANCE OF PROVISIONAL LICENSE TO CERTAIN |
|
|
FOREIGN MEDICAL PROGRAM GRADUATES WITH OFFERS OF EMPLOYMENT. (a) |
|
|
On application, the board shall issue a provisional license to |
|
|
practice medicine to an applicant who: |
|
|
(1) has been granted a degree of doctor of medicine or |
|
|
a substantially similar degree by a foreign program of medical |
|
|
education determined to be in good standing in accordance with |
|
|
board rule; |
|
|
(2) is licensed in good standing to practice medicine |
|
|
in another country; |
|
|
(3) has: |
|
|
(A) completed a residency or substantially |
|
|
similar post-graduate medical training in the applicant's country |
|
|
of licensure; or |
|
|
(B) practiced as a medical professional |
|
|
performing the duties of a physician in the applicant's country of |
|
|
licensure for not less than two years; |
|
|
(4) has proficiency in the English language; |
|
|
(5) is authorized under federal law to work in the |
|
|
United States; |
|
|
(6) passes the examination required by Section |
|
|
155.051; and |
|
|
(7) has been offered employment in this state as a |
|
|
physician by a person who provides health care services in the |
|
|
normal course of business, including a health system, hospital, |
|
|
hospital-based facility, freestanding emergency facility, or |
|
|
urgent care clinic. |
|
|
(b) A provisional license issued under this section expires |
|
|
on the earlier of: |
|
|
(1) the date the board issues the provisional license |
|
|
holder a license under this subtitle or denies the provisional |
|
|
license holder's application for a license under Subsection (c); or |
|
|
(2) the third anniversary of the date the provisional |
|
|
license was issued. |
|
|
(c) On application, the board shall issue a license under |
|
|
this subtitle to the holder of a provisional license under this |
|
|
section if the provisional license holder: |
|
|
(1) will have practiced under the provisional license |
|
|
for at least three years at the time the license will be issued; |
|
|
(2) passes the examination required by Section |
|
|
155.051; and |
|
|
(3) satisfies any other requirement under board rule |
|
|
for the issuance of a license under this subsection. |
|
|
SECTION 3. Not later than December 1, 2023, the Texas |
|
|
Medical Board shall adopt rules as necessary to implement Sections |
|
|
155.012, 155.013, and 155.1015, Occupations Code, as added by this |
|
|
Act. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |