Texas 2017 - 85th Regular

Texas House Bill HB4249 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R6855 JCG-D
2	2	By: Arévalo H.B. No. 4249
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to examination requirements for certain applicants for a
8	8	license to practice medicine.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 154.006(b), Occupations Code, is amended
11	11	to read as follows:
12	12	(b) A profile must contain the following information on each
13	13	physician:
14	14	(1) the name of each medical school attended and the
15	15	dates of:
16	16	(A) graduation; or
17	17	(B) Fifth Pathway designation and completion of
18	18	the Fifth Pathway Program;
19	19	(2) a description of all graduate medical education in
20	20	the United States or Canada;
21	21	(3) the number of attempts taken by the physician to
22	22	pass each part of the licensing examination required under Section
23	23	155.051;
24	24	(4) any specialty certification held by the physician
25	25	and issued by a medical licensing board that is a member of the
26	26	American Board of Medical Specialties or the Bureau of Osteopathic
27	27	Specialists;
28	28	(5) [(4)] the number of years the physician has
29	29	actively practiced medicine in:
30	30	(A) the United States or Canada; and
31	31	(B) this state;
32	32	(6) [(5)] the name of each hospital in this state in
33	33	which the physician has privileges;
34	34	(7) [(6)] the physician's primary practice location;
35	35	(8) [(7)] the type of language translating services,
36	36	including translating services for a person with impairment of
37	37	hearing, that the physician provides at the physician's primary
38	38	practice location;
39	39	(9) [(8)] whether the physician participates in the
40	40	Medicaid program;
41	41	(10) [(9)] a description of any conviction for a
42	42	felony, a Class A or Class B misdemeanor, or a Class C misdemeanor
43	43	involving moral turpitude;
44	44	(11) [(10)] a description of any charges reported to
45	45	the board to which the physician has pleaded no contest, for which
46	46	the physician is the subject of deferred adjudication or pretrial
47	47	diversion, or in which sufficient facts of guilt were found and the
48	48	matter was continued by a court;
49	49	(12) [(11)] a description of any disciplinary action
50	50	against the physician by the board;
51	51	(13) [(12)] a description of any disciplinary action
52	52	against the physician by a medical licensing board of another
53	53	state;
54	54	(14) [(13)] a description of the final resolution
55	55	taken by the board on medical malpractice claims or complaints
56	56	required to be opened by the board under Section 164.201;
57	57	(15) [(14)] whether the physician's patient service
58	58	areas are accessible to disabled persons, as defined by federal
59	59	law;
60	60	(16) [(15)] a description of any formal complaint
61	61	against the physician initiated and filed under Section 164.005 and
62	62	the status of the complaint; and
63	63	(17) [(16)] a description of any medical malpractice
64	64	claim against the physician, not including a description of any
65	65	offers by the physician to settle the claim, for which the physician
66	66	was found liable, a jury awarded monetary damages to the claimant,
67	67	and the award has been determined to be final and not subject to
68	68	further appeal.
69	69	SECTION 2. Section 155.056, Occupations Code, is amended by
70	70	amending Subsections (a) and (d) and adding Subsection (e) to read
71	71	as follows:
72	72	(a) An applicant must pass:
73	73	(1) each part of an examination within three attempts;
74	74	and
75	75	(2) all parts of an examination collectively within 12
76	76	attempts.
77	77	(d) Notwithstanding Subsection (a)(1), an applicant must
78	78	pass each part of an examination within five attempts if the
79	79	applicant [The limitation on examination attempts by an applicant
80	80	under Subsection (a) does not apply to an applicant who]:
81	81	(1) is licensed and in good standing as a physician in
82	82	another state;
83	83	(2) has been licensed for at least five years;
84	84	(3) does not hold a medical license in the other state
85	85	that has or has ever had any restrictions, disciplinary orders, or
86	86	probation; [and]
87	87	(4) is specialty board certified by a specialty board
88	88	that:
89	89	(A) is a member of the American Board of Medical
90	90	Specialties; or
91	91	(B) is approved by the American Osteopathic
92	92	Association; and
93	93	(5) will practice medicine, for at least three years,
94	94	in a practice serving a medically underserved population or in a
95	95	health professional shortage area, as those terms are defined by
96	96	Section 157.051 [passed all but one part of the examination
97	97	approved by the board within three attempts and:
98	98	[(A) passed the remaining part of the examination
99	99	within one additional attempt; or
100	100	[(B) passed the remaining part of the examination
101	101	within six attempts if the applicant:
102	102	[(i) is specialty board certified by a
103	103	specialty board that:
104	104	[(a) is a member of the American Board
105	105	of Medical Specialties; or
106	106	[(b) is approved by the American
107	107	Osteopathic Association; and
108	108	[(ii) has completed in this state an
109	109	additional two years of postgraduate medical training approved by
110	110	the board].
111	111	(e) The board may establish by rule a process to verify that
112	112	a person, after meeting the other requirements of Subsection (d),
113	113	practices as required by Subsection (d)(5) for at least three
114	114	years.
115	115	SECTION 3. Section 155.056(c), Occupations Code, is
116	116	repealed.
117	117	SECTION 4. Section 155.056, Occupations Code, as amended by
118	118	this Act, applies only to an application for a license filed on or
119	119	after the effective date of this Act. An application filed before
120	120	the effective date of this Act is governed by the law in effect
121	121	immediately before that date, and that law is continued in effect
122	122	for that purpose.
123	123	SECTION 5. This Act takes effect September 1, 2017.