By: Harrison H.B. No. 5074
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a license to practice medicine to
certain applicants licensed or educated in a foreign country.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 155, Occupations Code, is
amended by adding Sections 155.012 and 155.013 to read as follows:
Sec. 155.012. ISSUANCE OF LICENSE TO APPLICANT LICENSED TO
PRACTICE MEDICINE IN CERTAIN FOREIGN COUNTRIES. Notwithstanding
Sections 155.003, 155.004, 155.005, and 155.051, the board shall
issue a license to practice medicine to an applicant who presents
proof satisfactory to the board that the applicant:
(1) is a resident of and licensed in good standing to
practice medicine in Australia, Canada, Ireland, Israel, New
Zealand, Singapore, South Africa, Switzerland, or the United
Kingdom;
(2) has been granted a degree of doctor of medicine or
a substantially similar degree by a program of medical education
determined by the board to be in good standing in accordance with
board rule;
(3) has:
(A) completed a residency or substantially
similar post-graduate medical training in the applicant's country
of residence; or
(B) practiced as a medical professional
performing the duties of a physician in the applicant's country of
residence for not less than two years;
(4) has proficiency in the English language; and
(5) is authorized under federal law to work in the
United States.
Sec. 155.013. ISSUANCE OF LICENSE TO GRADUATE OF CERTAIN
BOARD-APPROVED FOREIGN MEDICAL PROGRAMS. (a) Notwithstanding
Sections 155.003, 155.004, and 155.005, the board shall issue a
license to practice medicine to an applicant who satisfies:
(1) the eligibility requirements of this section; and
(2) the examination requirements of Section 155.051.
(b) To be eligible for a license under this section, an
applicant must present proof satisfactory to the board that the
applicant:
(1) has been granted a degree of doctor of medicine or
a substantially similar degree by a foreign medical program
approved under Subsection (c);
(2) is licensed in good standing to practice medicine
in another country;
(3) has:
(A) completed a residency or substantially
similar post-graduate medical training in the applicant's country
of licensure; or
(B) practiced as a medical professional
performing the duties of a physician in the applicant's country of
licensure for not less than two years;
(4) has proficiency in the English language; and
(5) is authorized under federal law to work in the
United States.
(c) The board shall adopt rules regarding the approval of
foreign medical programs for purposes of this section. Rules
adopted under this subsection must provide that a foreign medical
program is eligible to apply under this section only if the program
is a medical school, residency program, medical internship program,
or other entity that provides medical education or training outside
of the United States that is substantially similar to the education
or training provided by a medical school described by Section
155.003(a)(4).
(d) The board shall approve an application under this
section not later than the 120th day after the date the application
is submitted unless:
(1) the board determines the applicant does not meet
the eligibility requirements described by Subsection (c); or
(2) the board finds by clear and convincing evidence
that the majority of the program's graduates are not likely to
provide medical care that satisfies applicable board standards
relating to safety, competency, or professional conduct in the
practice of medicine.
(e) A foreign medical program may appeal the board's denial
of the program's application under this section. The appeal is
considered to be a contested case under Chapter 2001, Government
Code.
(f) The board shall approve for purposes of this section a
foreign medical program if at least five graduates of the program
have been issued a license to practice medicine under Section
155.1015(c).
(g) The board shall maintain on the board's Internet website
a list of all foreign medical programs approved under this section
and provide a copy of the list on request.
SECTION 2. Subchapter C, Chapter 155, Occupations Code, is
amended by adding Section 155.1015 to read as follows:
Sec. 155.1015. ISSUANCE OF PROVISIONAL LICENSE TO CERTAIN
FOREIGN MEDICAL PROGRAM GRADUATES WITH OFFERS OF EMPLOYMENT. (a)
On application, the board shall issue a provisional license to
practice medicine to an applicant who:
(1) has been granted a degree of doctor of medicine or
a substantially similar degree by a foreign program of medical
education determined to be in good standing in accordance with
board rule;
(2) is licensed in good standing to practice medicine
in another country;
(3) has:
(A) completed a residency or substantially
similar post-graduate medical training in the applicant's country
of licensure; or
(B) practiced as a medical professional
performing the duties of a physician in the applicant's country of
licensure for not less than two years;
(4) has proficiency in the English language;
(5) is authorized under federal law to work in the
United States;
(6) passes the examination required by Section
155.051; and
(7) has been offered employment in this state as a
physician by a person who provides health care services in the
normal course of business, including a health system, hospital,
hospital-based facility, freestanding emergency facility, or
urgent care clinic.
(b) A provisional license issued under this section 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 under Subsection (c); or
(2) the third anniversary of the date the provisional
license was issued.
(c) On application, the board shall issue a license under
this subtitle to the holder of a provisional license under this
section if the provisional license holder:
(1) will have practiced under the provisional license
for at least three years at the time the license will be issued;
(2) passes the examination required by Section
155.051; and
(3) satisfies any other requirement under board rule
for the issuance of a license under this subsection.
SECTION 3. Not later than December 1, 2023, the Texas
Medical Board shall adopt rules as necessary to implement Sections
155.012, 155.013, and 155.1015, Occupations Code, as added by this
Act.
SECTION 4. This Act takes effect September 1, 2023.