Texas 2013 - 83rd Regular

Texas Senate Bill SB1082 Compare Versions

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Old	New	Differences
1	1	83R27867 NC-D
2	2	By: Rodriguez, et al. S.B. No. 1082
3	3	(Zerwas)
4	4	Substitute the following for S.B. No. 1082: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to eligibility requirements for certain applicants for a
10	10	license to practice medicine.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subsection (b), Section 154.006, Occupations
13	13	Code, is amended to read as follows:
14	14	(b) A profile must contain the following information on each
15	15	physician:
16	16	(1) the name of each medical school attended and the
17	17	dates of:
18	18	(A) graduation; or
19	19	(B) Fifth Pathway designation and completion of
20	20	the Fifth Pathway Program;
21	21	(2) a description of all graduate medical education in
22	22	the United States or Canada;
23	23	(3) the number of attempts taken by the physician to
24	24	pass each part of the licensing examination required under Section
25	25	155.051;
26	26	(4) any specialty certification held by the physician
27	27	and issued by a medical licensing board that is a member of the
28	28	American Board of Medical Specialties or the Bureau of Osteopathic
29	29	Specialists;
30	30	(5) [(4)] the number of years the physician has
31	31	actively practiced medicine in:
32	32	(A) the United States or Canada; and
33	33	(B) this state;
34	34	(6) [(5)] the name of each hospital in this state in
35	35	which the physician has privileges;
36	36	(7) [(6)] the physician's primary practice location;
37	37	(8) [(7)] the type of language translating services,
38	38	including translating services for a person with impairment of
39	39	hearing, that the physician provides at the physician's primary
40	40	practice location;
41	41	(9) [(8)] whether the physician participates in the
42	42	Medicaid program;
43	43	(10) [(9)] a description of any conviction for a
44	44	felony, a Class A or Class B misdemeanor, or a Class C misdemeanor
45	45	involving moral turpitude;
46	46	(11) [(10)] a description of any charges reported to
47	47	the board to which the physician has pleaded no contest, for which
48	48	the physician is the subject of deferred adjudication or pretrial
49	49	diversion, or in which sufficient facts of guilt were found and the
50	50	matter was continued by a court;
51	51	(12) [(11)] a description of any disciplinary action
52	52	against the physician by the board;
53	53	(13) [(12)] a description of any disciplinary action
54	54	against the physician by a medical licensing board of another
55	55	state;
56	56	(14) [(13)] a description of the final resolution
57	57	taken by the board on medical malpractice claims or complaints
58	58	required to be opened by the board under Section 164.201;
59	59	(15) [(14)] whether the physician's patient service
60	60	areas are accessible to disabled persons, as defined by federal
61	61	law;
62	62	(16) [(15)] a description of any formal complaint
63	63	against the physician initiated and filed under Section 164.005 and
64	64	the status of the complaint; and
65	65	(17) [(16)] a description of any medical malpractice
66	66	claim against the physician, not including a description of any
67	67	offers by the physician to settle the claim, for which the physician
68	68	was found liable, a jury awarded monetary damages to the claimant,
69	69	and the award has been determined to be final and not subject to
70	70	further appeal.
71	71	SECTION 2. Section 155.051, Occupations Code, is amended by
72	72	adding Subsections (d) and (e) to read as follows:
73	73	(d) The time frame to pass each part of the examination does
74	74	not apply to an applicant who:
75	75	(1) is licensed and in good standing as a physician in
76	76	another state;
77	77	(2) has been licensed for at least five years;
78	78	(3) does not hold a medical license in the other state
79	79	that has or has ever had any restrictions, disciplinary orders, or
80	80	probation; and
81	81	(4) will practice in a medically underserved area or a
82	82	health manpower shortage area, as those terms are defined by
83	83	Section 157.052.
84	84	(e) The board may by rule establish a process to verify that
85	85	a person, after meeting the requirements of Subsection (d),
86	86	practices only in an area described by Subsection (d)(4).
87	87	SECTION 3. Section 155.056, Occupations Code, is amended by
88	88	amending Subsections (a) and (d) and adding Subsection (e) to read
89	89	as follows:
90	90	(a) An applicant must pass:
91	91	(1) each individual part of an examination within five
92	92	[three] attempts; and
93	93	(2) all parts of an examination collectively within
94	94	nine attempts.
95	95	(d) The limitation on examination attempts by an applicant
96	96	under Subsection (a) does not apply to an applicant who:
97	97	(1) is licensed and in good standing as a physician in
98	98	another state;
99	99	(2) has been licensed for at least five years;
100	100	(3) does not hold a medical license in the other state
101	101	that has, or has ever had, any restrictions, disciplinary orders,
102	102	or probation; and
103	103	(4) will practice in a medically underserved area or
104	104	health manpower shortage area, as those terms are defined by
105	105	Section 157.052 [passed all but one part of the examination
106	106	approved by the board within three attempts and:
107	107	[(A) passed the remaining part of the examination
108	108	within one additional attempt; or
109	109	[(B) passed the remaining part of the examination
110	110	within six attempts if the applicant:
111	111	[(i) is specialty board certified by a
112	112	specialty board that:
113	113	[(a) is a member of the American Board
114	114	of Medical Specialties; or
115	115	[(b) is approved by the American
116	116	Osteopathic Association; and
117	117	[(ii) has completed in this state an
118	118	additional two years of postgraduate medical training approved by
119	119	the board].
120	120	(e) The board may by rule establish a process to verify that
121	121	a person who, after meeting the requirements of Subsection (d),
122	122	practices only in an area described by Subsection (d)(4).
123	123	SECTION 4. Sections 155.0045 and 155.056(c), Occupations
124	124	Code, are repealed.
125	125	SECTION 5. The changes in law made by this Act governing the
126	126	eligibility of a person for a license to practice medicine under
127	127	Chapter 155, Occupations Code, apply only to an application for a
128	128	license filed on or after the effective date of this Act. An
129	129	application filed before the effective date of this Act is governed
130	130	by the law in effect immediately before that date, and that law is
131	131	continued in effect for that purpose.
132	132	SECTION 6. This Act takes effect immediately if it receives
133	133	a vote of two-thirds of all the members elected to each house, as
134	134	provided by Section 39, Article III, Texas Constitution. If this
135	135	Act does not receive the vote necessary for immediate effect, this
136	136	Act takes effect September 1, 2013.