HBA-MPM H.B. 2792 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2792 By: Gutierrez Public Health 3/25/1999 Introduced BACKGROUND AND PURPOSE The Medical Practice Act assures that physicians seeking licensure in Texas are reviewed, examined, and evaluated according to certain standards. The Texas State Board of Medical Examiners (board) carries out laws prescribing the qualifications of practitioners in this state and generally regulates physicians practicing medicine in Texas. H.B. 2792 updates the Medical Practice Act by authorizing the board to accept an appropriate licensure examination currently being given on a national basis, and to offer an extended temporary license to an out-of-state physician. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly granted to the Texas State Board of Medical Examiners in SECTION 2 (Section 3.05, Article 4495b, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 3.0305(c) and (d), Article 4495b, V.T.C.S. (Medical Practice Act), to provide that a temporary license is valid for two years, rather than 180 days. Stipulates that this temporary license may not be renewed. Provides that the limitation provided by this section on the number of times a applicant for a medical license may take the examination required by Section 3.05 (c) of this Act is inapplicable to the holder of a temporary license. Makes conforming changes. Redesignates Subsection (d) to Subsection (e). SECTION 2. Amends Section 3.05, Article 4495b, V.T.C.S. (Medical Practice Act), as follows: Sec. 3.05. New title: EXAMINATIONS ADMINISTERED OR ACCEPTED. (a) Authorizes the Texas State Board of Medical Examiners (board) to administer or accept a specified list of examinations as determined by board rule. (b) Provides that each examination used by the board for licensure of a physician must be in writing in English and be entirely fair and impartial to all individuals and to every school or system of medicine. Requires an applicant wishing to request reasonable accommodations due to a disability to submit the request on filing the application. (c) Requires examinations to include subjects generally taught by medical schools, a knowledge of which is commonly and generally required of candidates for the degree of doctor of medicine or doctor of osteopathy conferred by schools in this state. (d) Requires the board to administer the Texas medical jurisprudence examination to all applicants. (e) Requires the minimum passing grade for each examination to be determined by board rule. (f) Requires examinations administered to evaluate basic medical knowledge and clinical competency to be prepared by a national testing service or the board and validated by qualified independent testing professionals. (g) Requires all questions, answers, and grades to be preserved for one year as directed by board rule. (h) Requires all applicants to be given notice of the date and place of the examination if administered by the board. (i) Requires each examinee to be notified of the results of the examination no later than the 120th day after the board administers the examination. Requires the board to notify each examinee of the examination results no later than the 30th day after receiving results from a national testing service, if the examination is graded and reviewed by such an entity. (j) Provides that an applicant is required to pass each part of an examination described by Subsection (a) within seven years. (k) Prohibits an applicant from taking an examination more than three times. Makes an exception for an applicant who has passed all but one part of an examination after taking it three times, in which case, the applicant is authorized to take that part one additional time as determined by board rule. Deletes existing text relating to additional requirements of applicants, examinations for a license to practice medicine, the examination procedure, questions used in the examination, records concerning examinations, notification, and responses to written requests from applicants who fail the examination. SECTION 3.Emergency clause. Effective date: upon passage.