By: Shapleigh S.B. No. 202
(In the Senate - Filed November 10, 2008; February 11, 2009,
read first time and referred to Committee on Health and Human
Services; March 2, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 2, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 202 By: Shapleigh
A BILL TO BE ENTITLED
AN ACT
relating to provisional licensing of physicians to practice in
underserved areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 155, Occupations Code, is
amended by adding Section 155.101 to read as follows:
Sec. 155.101. PROVISIONAL LICENSE TO PRACTICE IN CERTAIN
AREAS. (a) On application, the board shall grant a provisional
license to practice medicine in a location described by Subsection
(e) to an applicant for a license under this subtitle who is
licensed in good standing as a physician in another state.
(b) The board may not grant a provisional license under this
section to an applicant who:
(1) has had a medical license suspended or revoked by
another state or a Canadian province; or
(2) holds a medical license issued by another state or
a Canadian province that is subject to a restriction, disciplinary
order, or probationary order.
(c) The provisional license applicant must:
(1) have passed a national or other examination
recognized by the board relating to the practice of medicine within
the number of attempts allowed under Section 155.056;
(2) submit information to enable the board to conduct
a criminal background check as required by the board; and
(3) be sponsored by a person licensed under this
subtitle with whom the provisional license holder may practice
under this section.
(d) The board may excuse an applicant for a provisional
license from the requirement of Subsection (c)(3) if the board
determines that compliance with that subsection constitutes a
hardship to the applicant.
(e) A person who holds a provisional license issued under
this section may only practice medicine in a location:
(1) designated by the federal government as a health
professional shortage area; or
(2) designated by the federal or state government as a
medically underserved area.
(f) A provisional license expires on the earlier of:
(1) the date the board issues the provisional license
holder a license under this subtitle or denies the provisional
license holder's application for a license; or
(2) the 270th day after the date the provisional
license was issued.
(g) The board shall issue a license under this subtitle to
the holder of a provisional license under this section if:
(1) the provisional license holder passes the
examination required by Section 155.051; and
(2) the provisional license holder satisfies all other
license requirements under this subtitle.
SECTION 2. Section 155.101, Occupations Code, as added by
this Act, applies to an application for a provisional license
submitted on or after January 1, 2010.
SECTION 3. This Act takes effect September 1, 2009.
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