| 1 | 1 | | 81R9789 NC-F |
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| 2 | 2 | | By: Eissler H.B. No. 2098 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to faculty temporary licenses to practice medicine. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 155.104(b), (e), (g), and (h), |
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| 10 | 10 | | Occupations Code, are amended to read as follows: |
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| 11 | 11 | | (b) The board may issue a faculty temporary license to |
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| 12 | 12 | | practice medicine to a physician [appointed by a medical school in |
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| 13 | 13 | | this state] as provided by this section. The physician: |
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| 14 | 14 | | (1) must hold a current medical license that is |
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| 15 | 15 | | unrestricted and not subject to a disciplinary order or probation |
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| 16 | 16 | | in another state or a Canadian province or have completed at least |
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| 17 | 17 | | three years of postgraduate residency; |
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| 18 | 18 | | (2) may not hold a medical license in another state or |
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| 19 | 19 | | a Canadian province that has any restrictions, disciplinary orders, |
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| 20 | 20 | | or probation; |
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| 21 | 21 | | (3) must pass the Texas medical jurisprudence |
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| 22 | 22 | | examination; and |
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| 23 | 23 | | (4) must hold a salaried faculty position equivalent |
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| 24 | 24 | | to [of] at least the level of assistant professor and be working |
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| 25 | 25 | | full-time at one of the following institutions: |
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| 26 | 26 | | (A) The University of Texas Medical Branch at |
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| 27 | 27 | | Galveston; |
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| 28 | 28 | | (B) The University of Texas Southwestern Medical |
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| 29 | 29 | | Center at Dallas; |
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| 30 | 30 | | (C) The University of Texas Health Science Center |
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| 31 | 31 | | at Houston; |
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| 32 | 32 | | (D) The University of Texas Health Science Center |
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| 33 | 33 | | at San Antonio; |
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| 34 | 34 | | (E) The University of Texas Health Center at |
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| 35 | 35 | | Tyler; |
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| 36 | 36 | | (F) The University of Texas M. D. Anderson Cancer |
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| 37 | 37 | | Center; |
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| 38 | 38 | | (G) Texas A&M University College of Medicine; |
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| 39 | 39 | | (H) Texas Tech University School of Medicine; |
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| 40 | 40 | | (I) Baylor College of Medicine; [or] |
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| 41 | 41 | | (J) the University of North Texas Health Science |
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| 42 | 42 | | Center at Fort Worth; |
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| 43 | 43 | | (K) an institutional sponsor of a graduate |
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| 44 | 44 | | medical education program accredited by the Accreditation Council |
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| 45 | 45 | | for Graduate Medical Education; or |
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| 46 | 46 | | (L) a nonprofit health corporation certified |
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| 47 | 47 | | under Section 162.001 and affiliated with a program described by |
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| 48 | 48 | | Paragraph (K). |
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| 49 | 49 | | (e) A physician holding a temporary license under |
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| 50 | 50 | | Subsection (b) and the physician's institution [medical school] |
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| 51 | 51 | | must file affidavits with the board affirming acceptance of the |
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| 52 | 52 | | terms and limits imposed by the board on the medical activities of |
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| 53 | 53 | | the physician. |
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| 54 | 54 | | (g) The holder of a temporary license issued under |
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| 55 | 55 | | Subsection (b) is limited to the teaching confines of the applying |
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| 56 | 56 | | institution [medical school] as a part of the physician's duties |
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| 57 | 57 | | and responsibilities assigned by the institution [school] and may |
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| 58 | 58 | | not practice medicine outside of the setting of the institution |
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| 59 | 59 | | [medical school] or an affiliate of the institution [medical |
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| 60 | 60 | | school]. The physician may participate in the full activities of |
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| 61 | 61 | | the department of any hospital for which the physician's |
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| 62 | 62 | | institution [medical school] has full responsibility for clinical, |
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| 63 | 63 | | patient care, and teaching activities. |
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| 64 | 64 | | (h) The application for a temporary license under |
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| 65 | 65 | | Subsection (b) must be made by the chairman of the department of the |
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| 66 | 66 | | institution [medical school] in which the physician teaches, or the |
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| 67 | 67 | | person holding the equivalent position at the institution where the |
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| 68 | 68 | | physician teaches, and must contain the information and |
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| 69 | 69 | | documentation requested by the department. The application must be |
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| 70 | 70 | | endorsed by the dean of the medical school or the president of the |
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| 71 | 71 | | institution. |
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| 72 | 72 | | SECTION 2. This Act takes effect immediately if it receives |
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| 73 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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| 74 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 75 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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| 76 | 76 | | Act takes effect September 1, 2009. |
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