Texas 2009 - 81st Regular

Texas House Bill HB3122 Compare Versions

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11 81R10579 BEF-D
22 By: Shelton H.B. No. 3122
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the employment and temporary licensing of medical
88 school faculty from out of state.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter C, Chapter 155, Occupations Code, is
1111 amended by adding Section 155.1045 to read as follows:
1212 Sec. 155.1045. PREEMPLOYMENT TEMPORARY LICENSE. (a) The
1313 dean of the medical school or the president of an institution listed
1414 in Section 155.104(b)(4) may sponsor an applicant for a temporary
1515 license under this section who has been offered a salaried faculty
1616 position of at least the level of assistant professor by the
1717 institution.
1818 (b) Not later than the 10th day after the date the board
1919 receives a sponsored application under this section, the board
2020 shall issue a temporary license to an applicant who:
2121 (1) has graduated from medical school;
2222 (2) at the time of application holds a salaried
2323 faculty position at an accredited medical school in another state
2424 or a Canadian province;
2525 (3) holds a current medical license that is
2626 unrestricted and not subject to a disciplinary order or probation
2727 in another state or a Canadian province;
2828 (4) has been offered a salaried faculty position of at
2929 least the level of assistant professor by the medical school or
3030 institution that sponsors the applicant; and
3131 (5) is not ineligible for examination or licensing
3232 under this subtitle.
3333 (c) As a condition for issuance of a temporary license under
3434 Subsection (b), the applicant must sign an oath on a form prescribed
3535 by the board swearing that the applicant:
3636 (1) has read and is familiar with this subtitle and
3737 board rules;
3838 (2) will abide by the requirements of this subtitle
3939 and board rules while practicing under the temporary license; and
4040 (3) will be subject to the disciplinary procedures of
4141 the board.
4242 (d) A physician holding a temporary license under
4343 Subsection (b) and the physician's medical school or institution
4444 must file affidavits with the board affirming acceptance of the
4545 terms and limits imposed by the board on the medical activities of
4646 the physician.
4747 (e) A temporary license issued under Subsection (b) is valid
4848 for six months and may not be renewed.
4949 (f) The medical practice of a physician holding a temporary
5050 license under Subsection (b) is limited to the teaching confines of
5151 the sponsoring medical school or institution in performing the
5252 physician's duties and responsibilities assigned by the school, and
5353 the physician may not practice medicine outside of the setting of
5454 the medical school or an affiliate of the medical school. The
5555 physician may participate in the medical activities of the
5656 department of any hospital at which the physician's medical school
5757 or institution has full responsibility for clinical, patient care,
5858 and teaching activities.
5959 (g) A physician who holds a temporary license under
6060 Subsection (b) and who wishes to receive a permanent unrestricted
6161 license under this subtitle must meet the requirements for issuance
6262 of a permanent unrestricted license, including any examination
6363 requirements.
6464 (h) Notwithstanding any other law, the medical school or
6565 institution that sponsors an applicant for a temporary license
6666 under this section may terminate the person's employment contract
6767 if the person does not obtain a permanent unrestricted license on or
6868 before the date the temporary license expires.
6969 SECTION 2. This Act takes effect September 1, 2009.