Bill Text: TX HB4249 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to examination requirements for certain applicants for a license to practice medicine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-03 - Referred to Public Health [HB4249 Detail]

Download: Texas-2017-HB4249-Introduced.html

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85R6855 JCG-D
By: Arévalo H.B. No. 4249

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 154.006(b), Occupations Code, is amended
to read as follows:
(b) A profile must contain the following information on each
physician:
(1) the name of each medical school attended and the
dates of:
(A) graduation; or
(B) Fifth Pathway designation and completion of
the Fifth Pathway Program;
(2) a description of all graduate medical education in
the United States or Canada;
(3) the number of attempts taken by the physician to
pass each part of the licensing examination required under Section
155.051;
(4) any specialty certification held by the physician
and issued by a medical licensing board that is a member of the
American Board of Medical Specialties or the Bureau of Osteopathic
Specialists;
(5) [(4)] the number of years the physician has
actively practiced medicine in:
(A) the United States or Canada; and
(B) this state;
(6) [(5)] the name of each hospital in this state in
which the physician has privileges;
(7) [(6)] the physician's primary practice location;
(8) [(7)] the type of language translating services,
including translating services for a person with impairment of
hearing, that the physician provides at the physician's primary
practice location;
(9) [(8)] whether the physician participates in the
Medicaid program;
(10) [(9)] a description of any conviction for a
felony, a Class A or Class B misdemeanor, or a Class C misdemeanor
involving moral turpitude;
(11) [(10)] a description of any charges reported to
the board to which the physician has pleaded no contest, for which
the physician is the subject of deferred adjudication or pretrial
diversion, or in which sufficient facts of guilt were found and the
matter was continued by a court;
(12) [(11)] a description of any disciplinary action
against the physician by the board;
(13) [(12)] a description of any disciplinary action
against the physician by a medical licensing board of another
state;
(14) [(13)] a description of the final resolution
taken by the board on medical malpractice claims or complaints
required to be opened by the board under Section 164.201;
(15) [(14)] whether the physician's patient service
areas are accessible to disabled persons, as defined by federal
law;
(16) [(15)] a description of any formal complaint
against the physician initiated and filed under Section 164.005 and
the status of the complaint; and
(17) [(16)] a description of any medical malpractice
claim against the physician, not including a description of any
offers by the physician to settle the claim, for which the physician
was found liable, a jury awarded monetary damages to the claimant,
and the award has been determined to be final and not subject to
further appeal.
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 part of an examination within three attempts;
and
(2) all parts of an examination collectively within 12
attempts.
(d) Notwithstanding Subsection (a)(1), an applicant must
pass each part of an examination within five attempts if the
applicant [The limitation on examination attempts by an applicant
under Subsection (a) 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) is specialty board certified by a specialty board
that:
(A) is a member of the American Board of Medical
Specialties; or
(B) is approved by the American Osteopathic
Association; and
(5) will practice medicine, for at least three years,
in a practice serving a medically underserved population or in a
health professional shortage area, as those terms are defined by
Section 157.051 [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) is a member of the American Board
of Medical Specialties; or
[(b) is approved by the American
Osteopathic Association; and
[(ii) has completed in this state an
additional two years of postgraduate medical training approved by
the board].
(e) The board may establish by rule a process to verify that
a person, after meeting the other requirements of Subsection (d),
practices as required by Subsection (d)(5) for at least three
years.
SECTION 3. Section 155.056(c), Occupations Code, is
repealed.
SECTION 4. Section 155.056, Occupations Code, as amended by
this Act, applies only to an application for a license filed on or
after the effective date of this Act. An application filed before
the effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 5. This Act takes effect September 1, 2017.