HBA-MPM H.B. 2792 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2792
By: Gutierrez
Public Health
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

The Medical Practice Act assures that physicians seeking licensure in Texas
are reviewed, examined, and evaluated according to certain standards.  The
Texas State Board of Medical Examiners (board) carries out laws prescribing
the qualifications of practitioners in this state and generally regulates
physicians practicing medicine in Texas.  H.B. 2792 updates the Medical
Practice Act by authorizing the board to accept an appropriate licensure
examination currently being given on a national basis, and to offer an
extended temporary license to an out-of-state physician. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly granted to the Texas State Board of Medical
Examiners in SECTION 2 (Section 3.05, Article 4495b, V.T.C.S.) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 3.0305(c) and (d), Article 4495b, V.T.C.S.
(Medical Practice Act), to provide that a temporary license is valid for
two years, rather than 180 days.  Stipulates that this temporary license
may not be renewed.  Provides that the limitation provided by this section
on the number of times a applicant for a medical license may take the
examination required by Section 3.05 (c) of this Act is inapplicable to the
holder of a temporary license.  Makes conforming changes. Redesignates
Subsection (d) to Subsection (e).   

SECTION 2.  Amends Section 3.05, Article 4495b, V.T.C.S. (Medical Practice
Act), as follows: 

Sec. 3.05.  New title:  EXAMINATIONS ADMINISTERED OR ACCEPTED.  (a)
Authorizes the Texas State Board of Medical Examiners (board) to administer
or accept a specified list of examinations as determined by board rule. 

(b)  Provides that each examination used by the board for licensure of a
physician must be in writing in English and be entirely fair and impartial
to all individuals and to every school or system of medicine.  Requires an
applicant wishing to request reasonable accommodations due to a disability
to submit the request on filing the application.   

(c)  Requires examinations to include subjects generally taught by medical
schools, a knowledge of which is commonly and generally required of
candidates for the degree of doctor of medicine or doctor of osteopathy
conferred by schools in this state.  

(d)  Requires the board to administer the Texas medical jurisprudence
examination to all applicants. 

(e)  Requires the minimum passing grade for each examination to be
determined by board rule. 

(f)  Requires examinations administered to evaluate basic medical knowledge
and clinical competency to be prepared by a national testing service or the
board and validated by qualified independent testing professionals. 
 (g)  Requires all questions, answers, and grades to be preserved for one
year as directed by board rule. 

(h)  Requires all applicants to be given notice of the date and place of
the examination if administered by the board. 


(i)  Requires each examinee to be notified of the results of the
examination no later than the 120th day after the board administers the
examination.  Requires the board to notify each examinee of the examination
results no later than the 30th day after receiving results from a national
testing service, if the examination is graded and reviewed by such an
entity. 

(j) Provides that an applicant is required to pass each part of an
examination described by Subsection (a) within seven years. 

(k)  Prohibits an applicant from taking an examination more than three
times.   Makes an exception for an applicant who has passed all but one
part of an examination after taking it three times, in which case, the
applicant is authorized to take that part one additional time as determined
by board rule.   

Deletes existing text relating to additional requirements of applicants,
examinations for a license to practice medicine, the examination procedure,
questions used in the examination, records concerning examinations,
notification, and responses to written requests from applicants who fail
the examination. 

SECTION 3.Emergency clause.
  Effective date: upon passage.