1 | 1 | | 81R10579 BEF-D |
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2 | 2 | | By: Shelton H.B. No. 3122 |
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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 the employment and temporary licensing of medical |
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8 | 8 | | school faculty from out of state. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter C, Chapter 155, Occupations Code, is |
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11 | 11 | | amended by adding Section 155.1045 to read as follows: |
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12 | 12 | | Sec. 155.1045. PREEMPLOYMENT TEMPORARY LICENSE. (a) The |
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13 | 13 | | dean of the medical school or the president of an institution listed |
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14 | 14 | | in Section 155.104(b)(4) may sponsor an applicant for a temporary |
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15 | 15 | | license under this section who has been offered a salaried faculty |
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16 | 16 | | position of at least the level of assistant professor by the |
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17 | 17 | | institution. |
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18 | 18 | | (b) Not later than the 10th day after the date the board |
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19 | 19 | | receives a sponsored application under this section, the board |
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20 | 20 | | shall issue a temporary license to an applicant who: |
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21 | 21 | | (1) has graduated from medical school; |
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22 | 22 | | (2) at the time of application holds a salaried |
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23 | 23 | | faculty position at an accredited medical school in another state |
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24 | 24 | | or a Canadian province; |
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25 | 25 | | (3) holds a current medical license that is |
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26 | 26 | | unrestricted and not subject to a disciplinary order or probation |
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27 | 27 | | in another state or a Canadian province; |
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28 | 28 | | (4) has been offered a salaried faculty position of at |
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29 | 29 | | least the level of assistant professor by the medical school or |
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30 | 30 | | institution that sponsors the applicant; and |
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31 | 31 | | (5) is not ineligible for examination or licensing |
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32 | 32 | | under this subtitle. |
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33 | 33 | | (c) As a condition for issuance of a temporary license under |
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34 | 34 | | Subsection (b), the applicant must sign an oath on a form prescribed |
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35 | 35 | | by the board swearing that the applicant: |
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36 | 36 | | (1) has read and is familiar with this subtitle and |
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37 | 37 | | board rules; |
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38 | 38 | | (2) will abide by the requirements of this subtitle |
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39 | 39 | | and board rules while practicing under the temporary license; and |
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40 | 40 | | (3) will be subject to the disciplinary procedures of |
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41 | 41 | | the board. |
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42 | 42 | | (d) A physician holding a temporary license under |
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43 | 43 | | Subsection (b) and the physician's medical school or institution |
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44 | 44 | | must file affidavits with the board affirming acceptance of the |
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45 | 45 | | terms and limits imposed by the board on the medical activities of |
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46 | 46 | | the physician. |
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47 | 47 | | (e) A temporary license issued under Subsection (b) is valid |
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48 | 48 | | for six months and may not be renewed. |
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49 | 49 | | (f) The medical practice of a physician holding a temporary |
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50 | 50 | | license under Subsection (b) is limited to the teaching confines of |
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51 | 51 | | the sponsoring medical school or institution in performing the |
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52 | 52 | | physician's duties and responsibilities assigned by the school, and |
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53 | 53 | | the physician may not practice medicine outside of the setting of |
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54 | 54 | | the medical school or an affiliate of the medical school. The |
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55 | 55 | | physician may participate in the medical activities of the |
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56 | 56 | | department of any hospital at which the physician's medical school |
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57 | 57 | | or institution has full responsibility for clinical, patient care, |
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58 | 58 | | and teaching activities. |
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59 | 59 | | (g) A physician who holds a temporary license under |
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60 | 60 | | Subsection (b) and who wishes to receive a permanent unrestricted |
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61 | 61 | | license under this subtitle must meet the requirements for issuance |
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62 | 62 | | of a permanent unrestricted license, including any examination |
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63 | 63 | | requirements. |
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64 | 64 | | (h) Notwithstanding any other law, the medical school or |
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65 | 65 | | institution that sponsors an applicant for a temporary license |
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66 | 66 | | under this section may terminate the person's employment contract |
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67 | 67 | | if the person does not obtain a permanent unrestricted license on or |
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68 | 68 | | before the date the temporary license expires. |
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69 | 69 | | SECTION 2. This Act takes effect September 1, 2009. |
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