Bill Text: TX HB5074 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the issuance of a license to practice medicine to certain applicants licensed or educated in a foreign country.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Public Health [HB5074 Detail]
Download: Texas-2023-HB5074-Introduced.html
| By: Harrison | H.B. No. 5074 | |
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| 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. | ||
