HBA-NMO H.B. 3523 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3523
By: Noriega
Public Health
3/31/1999
Introduced



BACKGROUND AND PURPOSE 

The 73rd Texas Legislature enacted legislation limiting an applicant for a
license to practice medicine in this state to three examination attempts.
This change in law has affected applicants who took the United States
Medical Licensing Examination Step 1 test prospectively and applicants who
took the Federation Licensing Examination 1 test retroactively.  H.B. 3523
amends the law to treat all applicants prospectively regarding the limit on
examination attempts.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.05, Article 4495b, V.T.C.S. (Medical Practice
Act), by amending Subsection (c) and adding Subsection (d), as follows: 

(c) Makes a conforming change.

(d) Requires that an applicant for a license to practice medicine be
limited in examination attempts based on the applicant's examination dates
and not on the date the applicant submitted an application to the Texas
State Board of Medical Examiners, as follows: 

(1) Requires that an applicant who has passed all components of an
examination prior to September 1, 1993, be credited with passage of the
examination if the applicant passed each examination component in three or
fewer attempts; or the applicant passed any examination component in more
than three attempts and the applicant is specialty board certified by a
member of the American Board of Medical Specialties, specialty board
approved by the American Osteopathic Association, or obtains or has
obtained an additional year of training for each attempt after the third. 

(2) Prohibits an applicant who has not passed all components of an
examination prior to September 1, 1993, from taking more than three
attempts at any component of the examination. 

SECTION 2.Emergency clause.
  Effective date: upon passage.