81R9789 NC-F
By: Eissler H.B. No. 2098
A BILL TO BE ENTITLED
AN ACT
relating to faculty temporary licenses to practice medicine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 155.104(b), (e), (g), and (h),
Occupations Code, are amended to read as follows:
(b) The board may issue a faculty temporary license to
practice medicine to a physician [appointed by a medical school in
this state] as provided by this section. The physician:
(1) must hold a current medical license that is
unrestricted and not subject to a disciplinary order or probation
in another state or a Canadian province or have completed at least
three years of postgraduate residency;
(2) may not hold a medical license in another state or
a Canadian province that has any restrictions, disciplinary orders,
or probation;
(3) must pass the Texas medical jurisprudence
examination; and
(4) must hold a salaried faculty position equivalent
to [of] at least the level of assistant professor and be working
full-time at one of the following institutions:
(A) The University of Texas Medical Branch at
Galveston;
(B) The University of Texas Southwestern Medical
Center at Dallas;
(C) The University of Texas Health Science Center
at Houston;
(D) The University of Texas Health Science Center
at San Antonio;
(E) The University of Texas Health Center at
Tyler;
(F) The University of Texas M. D. Anderson Cancer
Center;
(G) Texas A&M University College of Medicine;
(H) Texas Tech University School of Medicine;
(I) Baylor College of Medicine; [or]
(J) the University of North Texas Health Science
Center at Fort Worth;
(K) an institutional sponsor of a graduate
medical education program accredited by the Accreditation Council
for Graduate Medical Education; or
(L) a nonprofit health corporation certified
under Section 162.001 and affiliated with a program described by
Paragraph (K).
(e) A physician holding a temporary license under
Subsection (b) and the physician's institution [medical school]
must file affidavits with the board affirming acceptance of the
terms and limits imposed by the board on the medical activities of
the physician.
(g) The holder of a temporary license issued under
Subsection (b) is limited to the teaching confines of the applying
institution [medical school] as a part of the physician's duties
and responsibilities assigned by the institution [school] and may
not practice medicine outside of the setting of the institution
[medical school] or an affiliate of the institution [medical
school]. The physician may participate in the full activities of
the department of any hospital for which the physician's
institution [medical school] has full responsibility for clinical,
patient care, and teaching activities.
(h) The application for a temporary license under
Subsection (b) must be made by the chairman of the department of the
institution [medical school] in which the physician teaches, or the
person holding the equivalent position at the institution where the
physician teaches, and must contain the information and
documentation requested by the department. The application must be
endorsed by the dean of the medical school or the president of the
institution.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.