Bill Text: TX HB4249 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to examination requirements for certain applicants for a license to practice medicine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-03 - Referred to Public Health [HB4249 Detail]

Download: Texas-2017-HB4249-Introduced.html
  85R6855 JCG-D
 
  By: Arévalo H.B. No. 4249
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to examination requirements for certain applicants for a
  license to practice medicine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 154.006(b), Occupations Code, is amended
  to read as follows:
         (b)  A profile must contain the following information on each
  physician:
               (1)  the name of each medical school attended and the
  dates of:
                     (A)  graduation; or
                     (B)  Fifth Pathway designation and completion of
  the Fifth Pathway Program;
               (2)  a description of all graduate medical education in
  the United States or Canada;
               (3)  the number of attempts taken by the physician to
  pass each part of the licensing examination required under Section
  155.051;
               (4)  any specialty certification held by the physician
  and issued by a medical licensing board that is a member of the
  American Board of Medical Specialties or the Bureau of Osteopathic
  Specialists;
               (5) [(4)]  the number of years the physician has
  actively practiced medicine in:
                     (A)  the United States or Canada; and
                     (B)  this state;
               (6) [(5)]  the name of each hospital in this state in
  which the physician has privileges;
               (7) [(6)]  the physician's primary practice location;
               (8) [(7)]  the type of language translating services,
  including translating services for a person with impairment of
  hearing, that the physician provides at the physician's primary
  practice location;
               (9) [(8)]  whether the physician participates in the
  Medicaid program;
               (10) [(9)]  a description of any conviction for a
  felony, a Class A or Class B misdemeanor, or a Class C misdemeanor
  involving moral turpitude;
               (11) [(10)]  a description of any charges reported to
  the board to which the physician has pleaded no contest, for which
  the physician is the subject of deferred adjudication or pretrial
  diversion, or in which sufficient facts of guilt were found and the
  matter was continued by a court;
               (12) [(11)]  a description of any disciplinary action
  against the physician by the board;
               (13) [(12)]  a description of any disciplinary action
  against the physician by a medical licensing board of another
  state;
               (14) [(13)]  a description of the final resolution
  taken by the board on medical malpractice claims or complaints
  required to be opened by the board under Section 164.201;
               (15) [(14)]  whether the physician's patient service
  areas are accessible to disabled persons, as defined by federal
  law;
               (16) [(15)]  a description of any formal complaint
  against the physician initiated and filed under Section 164.005 and
  the status of the complaint; and
               (17) [(16)]  a description of any medical malpractice
  claim against the physician, not including a description of any
  offers by the physician to settle the claim, for which the physician
  was found liable, a jury awarded monetary damages to the claimant,
  and the award has been determined to be final and not subject to
  further appeal.
         SECTION 2.  Section 155.056, Occupations Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (e) to read
  as follows:
         (a)  An applicant must pass:
               (1)  each part of an examination within three attempts;
  and
               (2)  all parts of an examination collectively within 12
  attempts.
         (d)  Notwithstanding Subsection (a)(1), an applicant must
  pass each part of an examination within five attempts if the
  applicant [The limitation on examination attempts by an applicant
  under Subsection (a) 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)  is specialty board certified by a specialty board
  that:
                     (A)  is a member of the American Board of Medical
  Specialties; or
                     (B)  is approved by the American Osteopathic
  Association; and
               (5)  will practice medicine, for at least three years,
  in a practice serving a medically underserved population or in a
  health professional shortage area, as those terms are defined by
  Section 157.051 [passed all but one part of the examination
  approved by the board within three attempts and:
                     [(A)     passed the remaining part of the examination
  within one additional attempt; or
                     [(B)     passed the remaining part of the examination
  within six attempts if the applicant:
                           [(i)     is specialty board certified by a
  specialty board that:
                                 [(a)     is a member of the American Board
  of Medical Specialties; or
                                 [(b)     is approved by the American
  Osteopathic Association; and
                           [(ii)     has completed in this state an
  additional two years of postgraduate medical training approved by
  the board].
         (e)  The board may establish by rule a process to verify that
  a person, after meeting the other requirements of Subsection (d),
  practices as required by Subsection (d)(5) for at least three
  years.
         SECTION 3.  Section 155.056(c), Occupations Code, is
  repealed.
         SECTION 4.  Section 155.056, Occupations Code, as amended by
  this Act, applies only to an application for a license filed on or
  after the effective date of this Act. An application filed before
  the effective date of this Act is governed by the law in effect
  immediately before that date, and that law is continued in effect
  for that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.
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