81R10579 BEF-D
By: Shelton H.B. No. 3122
A BILL TO BE ENTITLED
AN ACT
relating to the employment and temporary licensing of medical
school faculty from out of state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 155, Occupations Code, is
amended by adding Section 155.1045 to read as follows:
Sec. 155.1045. PREEMPLOYMENT TEMPORARY LICENSE. (a) The
dean of the medical school or the president of an institution listed
in Section 155.104(b)(4) may sponsor an applicant for a temporary
license under this section who has been offered a salaried faculty
position of at least the level of assistant professor by the
institution.
(b) Not later than the 10th day after the date the board
receives a sponsored application under this section, the board
shall issue a temporary license to an applicant who:
(1) has graduated from medical school;
(2) at the time of application holds a salaried
faculty position at an accredited medical school in another state
or a Canadian province;
(3) holds a current medical license that is
unrestricted and not subject to a disciplinary order or probation
in another state or a Canadian province;
(4) has been offered a salaried faculty position of at
least the level of assistant professor by the medical school or
institution that sponsors the applicant; and
(5) is not ineligible for examination or licensing
under this subtitle.
(c) As a condition for issuance of a temporary license under
Subsection (b), the applicant must sign an oath on a form prescribed
by the board swearing that the applicant:
(1) has read and is familiar with this subtitle and
board rules;
(2) will abide by the requirements of this subtitle
and board rules while practicing under the temporary license; and
(3) will be subject to the disciplinary procedures of
the board.
(d) A physician holding a temporary license under
Subsection (b) and the physician's medical school or institution
must file affidavits with the board affirming acceptance of the
terms and limits imposed by the board on the medical activities of
the physician.
(e) A temporary license issued under Subsection (b) is valid
for six months and may not be renewed.
(f) The medical practice of a physician holding a temporary
license under Subsection (b) is limited to the teaching confines of
the sponsoring medical school or institution in performing the
physician's duties and responsibilities assigned by the school, and
the physician may not practice medicine outside of the setting of
the medical school or an affiliate of the medical school. The
physician may participate in the medical activities of the
department of any hospital at which the physician's medical school
or institution has full responsibility for clinical, patient care,
and teaching activities.
(g) A physician who holds a temporary license under
Subsection (b) and who wishes to receive a permanent unrestricted
license under this subtitle must meet the requirements for issuance
of a permanent unrestricted license, including any examination
requirements.
(h) Notwithstanding any other law, the medical school or
institution that sponsors an applicant for a temporary license
under this section may terminate the person's employment contract
if the person does not obtain a permanent unrestricted license on or
before the date the temporary license expires.
SECTION 2. This Act takes effect September 1, 2009.