Texas 2023 - 88th Regular

Texas House Bill HB5074 Compare Versions

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1	1	By: Harrison H.B. No. 5074
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the issuance of a license to practice medicine to
7	7	certain applicants licensed or educated in a foreign country.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 155, Occupations Code, is
10	10	amended by adding Sections 155.012 and 155.013 to read as follows:
11	11	Sec. 155.012. ISSUANCE OF LICENSE TO APPLICANT LICENSED TO
12	12	PRACTICE MEDICINE IN CERTAIN FOREIGN COUNTRIES. Notwithstanding
13	13	Sections 155.003, 155.004, 155.005, and 155.051, the board shall
14	14	issue a license to practice medicine to an applicant who presents
15	15	proof satisfactory to the board that the applicant:
16	16	(1) is a resident of and licensed in good standing to
17	17	practice medicine in Australia, Canada, Ireland, Israel, New
18	18	Zealand, Singapore, South Africa, Switzerland, or the United
19	19	Kingdom;
20	20	(2) has been granted a degree of doctor of medicine or
21	21	a substantially similar degree by a program of medical education
22	22	determined by the board to be in good standing in accordance with
23	23	board rule;
24	24	(3) has:
25	25	(A) completed a residency or substantially
26	26	similar post-graduate medical training in the applicant's country
27	27	of residence; or
28	28	(B) practiced as a medical professional
29	29	performing the duties of a physician in the applicant's country of
30	30	residence for not less than two years;
31	31	(4) has proficiency in the English language; and
32	32	(5) is authorized under federal law to work in the
33	33	United States.
34	34	Sec. 155.013. ISSUANCE OF LICENSE TO GRADUATE OF CERTAIN
35	35	BOARD-APPROVED FOREIGN MEDICAL PROGRAMS. (a) Notwithstanding
36	36	Sections 155.003, 155.004, and 155.005, the board shall issue a
37	37	license to practice medicine to an applicant who satisfies:
38	38	(1) the eligibility requirements of this section; and
39	39	(2) the examination requirements of Section 155.051.
40	40	(b) To be eligible for a license under this section, an
41	41	applicant must present proof satisfactory to the board that the
42	42	applicant:
43	43	(1) has been granted a degree of doctor of medicine or
44	44	a substantially similar degree by a foreign medical program
45	45	approved under Subsection (c);
46	46	(2) is licensed in good standing to practice medicine
47	47	in another country;
48	48	(3) has:
49	49	(A) completed a residency or substantially
50	50	similar post-graduate medical training in the applicant's country
51	51	of licensure; or
52	52	(B) practiced as a medical professional
53	53	performing the duties of a physician in the applicant's country of
54	54	licensure for not less than two years;
55	55	(4) has proficiency in the English language; and
56	56	(5) is authorized under federal law to work in the
57	57	United States.
58	58	(c) The board shall adopt rules regarding the approval of
59	59	foreign medical programs for purposes of this section. Rules
60	60	adopted under this subsection must provide that a foreign medical
61	61	program is eligible to apply under this section only if the program
62	62	is a medical school, residency program, medical internship program,
63	63	or other entity that provides medical education or training outside
64	64	of the United States that is substantially similar to the education
65	65	or training provided by a medical school described by Section
66	66	155.003(a)(4).
67	67	(d) The board shall approve an application under this
68	68	section not later than the 120th day after the date the application
69	69	is submitted unless:
70	70	(1) the board determines the applicant does not meet
71	71	the eligibility requirements described by Subsection (c); or
72	72	(2) the board finds by clear and convincing evidence
73	73	that the majority of the program's graduates are not likely to
74	74	provide medical care that satisfies applicable board standards
75	75	relating to safety, competency, or professional conduct in the
76	76	practice of medicine.
77	77	(e) A foreign medical program may appeal the board's denial
78	78	of the program's application under this section. The appeal is
79	79	considered to be a contested case under Chapter 2001, Government
80	80	Code.
81	81	(f) The board shall approve for purposes of this section a
82	82	foreign medical program if at least five graduates of the program
83	83	have been issued a license to practice medicine under Section
84	84	155.1015(c).
85	85	(g) The board shall maintain on the board's Internet website
86	86	a list of all foreign medical programs approved under this section
87	87	and provide a copy of the list on request.
88	88	SECTION 2. Subchapter C, Chapter 155, Occupations Code, is
89	89	amended by adding Section 155.1015 to read as follows:
90	90	Sec. 155.1015. ISSUANCE OF PROVISIONAL LICENSE TO CERTAIN
91	91	FOREIGN MEDICAL PROGRAM GRADUATES WITH OFFERS OF EMPLOYMENT. (a)
92	92	On application, the board shall issue a provisional license to
93	93	practice medicine to an applicant who:
94	94	(1) has been granted a degree of doctor of medicine or
95	95	a substantially similar degree by a foreign program of medical
96	96	education determined to be in good standing in accordance with
97	97	board rule;
98	98	(2) is licensed in good standing to practice medicine
99	99	in another country;
100	100	(3) has:
101	101	(A) completed a residency or substantially
102	102	similar post-graduate medical training in the applicant's country
103	103	of licensure; or
104	104	(B) practiced as a medical professional
105	105	performing the duties of a physician in the applicant's country of
106	106	licensure for not less than two years;
107	107	(4) has proficiency in the English language;
108	108	(5) is authorized under federal law to work in the
109	109	United States;
110	110	(6) passes the examination required by Section
111	111	155.051; and
112	112	(7) has been offered employment in this state as a
113	113	physician by a person who provides health care services in the
114	114	normal course of business, including a health system, hospital,
115	115	hospital-based facility, freestanding emergency facility, or
116	116	urgent care clinic.
117	117	(b) A provisional license issued under this section expires
118	118	on the earlier of:
119	119	(1) the date the board issues the provisional license
120	120	holder a license under this subtitle or denies the provisional
121	121	license holder's application for a license under Subsection (c); or
122	122	(2) the third anniversary of the date the provisional
123	123	license was issued.
124	124	(c) On application, the board shall issue a license under
125	125	this subtitle to the holder of a provisional license under this
126	126	section if the provisional license holder:
127	127	(1) will have practiced under the provisional license
128	128	for at least three years at the time the license will be issued;
129	129	(2) passes the examination required by Section
130	130	155.051; and
131	131	(3) satisfies any other requirement under board rule
132	132	for the issuance of a license under this subsection.
133	133	SECTION 3. Not later than December 1, 2023, the Texas
134	134	Medical Board shall adopt rules as necessary to implement Sections
135	135	155.012, 155.013, and 155.1015, Occupations Code, as added by this
136	136	Act.
137	137	SECTION 4. This Act takes effect September 1, 2023.