BILL ANALYSIS Senate Research Center S.B. 949 By: Nelson Health & Human Services 7/16/2013 Enrolled BILL ANALYSIS Senate Research Center S.B. 949 By: Nelson Health & Human Services 7/16/2013 Enrolled Senate Research Center S.B. 949 By: Nelson Health & Human Services 7/16/2013 Enrolled AUTHOR'S / SPONSOR'S STATEMENT OF INTENT S.B. 949 adds a definition of license holder to the Medical Practice Act to clarify that the term includes a person holding a license, permit, or certificate issued under the Act. This will align the definition of license holder in the Medical Practice Act with the definition used by the Texas Medical Board. S.B. 949 amends current law relating to licensing under the Medical Practice Act. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Medical Board (TMB) in SECTION 2 (Section 155.051, Occupations Code) of this bill. Rulemaking authority previously granted to TMB is rescinded in SECTION 3 (Section 155.0045, Occupations Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 151.002(a), Occupations Code, by adding Subdivision (6-a), to define "license holder" to mean a person holding a license, permit, or certificate issued under this subtitle (Physicians). SECTION 2. Amends Section 155.051, Occupations Code, by adding Subsections (d) and (e), as follows: (d) Provides that the time frame to pass each part of the examination does not apply to an applicant who: (1) is licensed and in good standing as a physician in another state; (2) has been licensed for at least five years; (3) does not hold a medical license in the other state that has or has ever had any restrictions, disciplinary orders, or probation; and (4) will practice in a medically underserved area or a health manpower shortage area, as those terms are defined by Section 157.052 (Prescribing at Sites Serving Certain Medically Underserved Populations). (e) Authorizes the Texas Medical Board to by rule establish a process to verify that a person, after meeting the requirements of Subsection (d), practices only in an area described by Subsection (d)(4). SECTION 3. Repealer: Section 155.0045 (Additional Eligibility Requirement for Certain Aliens), Occupations Code. SECTION 4. Effective date: upon passage or September 1, 2013. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT S.B. 949 adds a definition of license holder to the Medical Practice Act to clarify that the term includes a person holding a license, permit, or certificate issued under the Act. This will align the definition of license holder in the Medical Practice Act with the definition used by the Texas Medical Board. S.B. 949 amends current law relating to licensing under the Medical Practice Act. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Medical Board (TMB) in SECTION 2 (Section 155.051, Occupations Code) of this bill. Rulemaking authority previously granted to TMB is rescinded in SECTION 3 (Section 155.0045, Occupations Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 151.002(a), Occupations Code, by adding Subdivision (6-a), to define "license holder" to mean a person holding a license, permit, or certificate issued under this subtitle (Physicians). SECTION 2. Amends Section 155.051, Occupations Code, by adding Subsections (d) and (e), as follows: (d) Provides that the time frame to pass each part of the examination does not apply to an applicant who: (1) is licensed and in good standing as a physician in another state; (2) has been licensed for at least five years; (3) does not hold a medical license in the other state that has or has ever had any restrictions, disciplinary orders, or probation; and (4) will practice in a medically underserved area or a health manpower shortage area, as those terms are defined by Section 157.052 (Prescribing at Sites Serving Certain Medically Underserved Populations). (e) Authorizes the Texas Medical Board to by rule establish a process to verify that a person, after meeting the requirements of Subsection (d), practices only in an area described by Subsection (d)(4). SECTION 3. Repealer: Section 155.0045 (Additional Eligibility Requirement for Certain Aliens), Occupations Code. SECTION 4. Effective date: upon passage or September 1, 2013.