HBA-JRA S.B. 1207 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1207
By: Cain
Public Health
5/10/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Medical Practice Act of Texas is used to license physicians
in this state.  The Act assures that physicians seeking licensure in Texas
by way of endorsement or by way of original license are reviewed, examined,
and evaluated according to certain standards.  The Texas State Board of
Medical Examiners (board) is the state agency that oversees the appropriate
regulation of physicians who practice medicine in Texas. 

S.B. 1207 rewrites the licensure section of the Medical Practice Act for
clarification purposes, consolidates relevant subsections, and deletes
obsolete wording.  This bill also establishes provisions regarding the
board and the licensure of physicians, while providing penalties for
violations of the Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Medical
Examiners in SECTION 2 (Sections 3.01, 3.03, 3.04, and 3.05, Article 4495b,
V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2.09, Article 4495b, V.T.C.S. (Medical Practice
Act), by amending Subsections (d), (h), (k), and (t) and adding Subsection
(bb), as follows: 

(d)  Deletes the requirement that the Texas State Board of Medical
Examiners (board) maintain records showing the name, age, place, and
duration of residence of each applicant, the time spent in medical study in
respective medical schools, and the years and schools from which degrees
were granted.  Requires a certified copy of permanent records to be
admitted in evidence in all courts with the hand and seal of the executive
director, rather than the secretary-treasurer.  Makes a nonsubstantive
change. 

(h)  Authorizes, rather than requires, the board to submit to the
Department of Public Safety a complete set of fingerprints of every
applicant for a license.  Deletes the requirement that any applicant for
licensure or any licensee whose license is subject to revocation,
cancellation, or suspension because of adverse information contained in the
criminal records or reports be afforded the opportunity for a hearing
before the board prior to any action on the application for license or
revocation, cancellation, or suspension of license.  Makes a nonsubstantive
change. 

(k)  Requires the board to place all money, rather than all fees, received
under the authority of this Act in the state treasury.  Deletes text
specifying that said fees are required, if not otherwise specified, to be
placed into the medical licensing fund in the state treasury. 

(t)  Requires the board, on the request of a licensee, to issue
certification of the licensee's state board examination grades to the
Federation of State Medical Boards and to charge a reasonable fee for the
issuance of that certificate. 

(bb)  Requires the executive director of the Texas State Board of Medical
Examiners  (executive director) to file a surety bond with the board and
the board to pay the premium on the bond.  Provides the bond must be in an
amount no less than $10,000, in compliance with the insurance laws of this
state, and payable to the state for the state's use if the executive
director does not faithfully discharge the executive director's duties
under this Act. 

SECTION 2.  Amends Sections 3.01-3.05, Article 4495b, V.T.C.S. (Medical
Practice Act), as follows: 

Sec. 3.01.  New title:  ANNUAL REGISTRATION OF PHYSICIANS.  (a)  Requires a
person qualified to practice medicine in this state or who is licensed to
practice medicine by the board to register annually as a practitioner with
the board.  Requires the initial annual registration permit (permit) to be
issued with the license. 

(b)  Requires the permit fee as set by board rule to apply to each
physician licensed by the board, whether or not the physician is practicing
in this state, other than a retired physician as provided by rules adopted
by the board. 

(c)  Exempts a physician whose only practice is voluntary charity care from
the annual registration permit fee as provided by rules of the board. 

(d)  Requires the board to mail a permit renewal application to each
practitioner at the practitioner's last known address according to the
records of the board no later than the 30th day before the expiration date
of the permit. 

(e)  Requires the board to allow a 30-day grace period from the date of the
expiration of the permit for renewing the permit. 

(f) Authorizes a licensee to renew the permit by submitting to the board,
on or before the expiration date, the required renewal application and
renewal fee.  Provides that each renewal application must include the name
and mailing address of the licensee, the address of each place where the
licensee is engaged in the practice of medicine, and other necessary
information required by the board. 

(g)  Provides that if the licensee is licensed to practice medicine by
another state, the District of Columbia, a territory of the United States,
another country, or the uniformed services of the United States, the
renewal application must include a description of any investigations the
licensee knows are in progress and of any sanctions imposed by or
disciplinary matters pending in the respective area of service.  

(h)  Requires the board to issue a permit to a licensee certifying that the
licensee has filed the renewal application and has paid the annual permit
fee for that year and has completed the requirements for registration on
receipt of the application and appropriate fee and after ascertaining from
records or from other reliable sources that the applicant is a licensed
practitioner of medicine in this state. 

(i)  Authorizes a licensee to renew a permit by submitting to the board the
required renewal application, renewal fee, and a $50 penalty fee if the
licensee's permit has expired for 90 days or less. 

(j)  Authorizes the licensee to renew a permit by submitting to the board
the required renewal application, renewal fee, and a $100 penalty fee if
the licensee's permit has been expired for longer than 90 days but less
than one year. 

(k)  Provides that if a licensee's permit has been expired for more than
one year and an investigation is not pending with regard to the licensee,
that license is canceled and the annual registration permit is prohibited
from being renewed.  Prohibits a licensee from renewing a permit in this
instance.   

(l)  Authorizes a physician whose license is canceled to obtain a new
license by  submitting to reexamination and complying with the
requirements, fees, and procedures for obtaining a license.  Authorizes the
board to issue a new license without examination to a person whose license
is canceled for less than two years. 

(m)  Authorizes the board, by rule, to adopt a system under which permits
expire on various dates during the year.  Requires a permit fee to be
prorated for the year in which the expiration date is changed.  Provides
that on renewal of the registration on the new expiration date, the total
fee is payable. 

(n)  Provides that the filing of the renewal application, payment of the
appropriate fee, and issuance of the permit do not entitle a registration
applicant to practice medicine in this state.  Provides that the applicant
must also have previously been licensed as a practitioner by the board, as
prescribed by law, and that the applicant's license to practice medicine
must be in full force and effect.  Prohibits the permit required by this
Act from being treated as evidence that the permit holder is lawfully
entitled to practice medicine in a prosecution for the unlawful practice of
medicine. 

(o)  Makes practicing medicine as defined in this Act without a permit for
the current year subject to all penalties under this Act for practicing
medicine without a license. 

Deletes existing subsections relating to registration and licensing
requirements and procedures. 

Sec. 3.02.  New title:  PHYSICIAN IN TRAINING PERMITS.  Authorizes a
physician not licensed by the board who participates in a graduate training
program that is board-approved to be issued a physician-in-training permit
as provided by board rule.  Provides that this permit does not authorize
the performance of medical acts unless performed as part of a graduate
medical education training program and under the supervision of a licensed
practitioner of medicine.  Authorizes the board to discipline a physician
whose permit has expired if the violation of the law occurred during the
time the permit was valid.  Authorizes the board to retain jurisdiction
over an investigation if it is pending on the date the permit expires.
Deletes existing text relating to renewal of registration. 

Sec. 3.03.  New title:  LICENSURE OF PHYSICIANS.  (a)  Authorizes the board
to grant a license to practice medicine to any physician qualifying under
this Act.   

(b)  Provides that an application for a license must be in writing and on
board-prescribed forms.  Authorizes the board to allow or require, by rule,
an applicant to use the Federation of State Medical Boards' Credentials
Verification System. 

(c)  Provides that the application form must be accompanied by all fees,
documents, and photographs required by board rule. 

(d)  Provides that a license applicant must subscribe to an oath in writing
before an officer authorized by law to administer oaths.  Provides that the
written oath is part of the application. 

(e)  Makes an applicant ineligible for licensure under certain
circumstances. 

(f) Requires each applicant to present proof satisfactory to the board that
any medical school attended by the applicant outside this state is
substantially equivalent to a medical school of this state, as determined
by board rule. 

(g)  Requires an applicant who is a graduate of a medical school located
outside the United States or Canada to present proof satisfactory to the
board that the applicant has certain qualifications. 

(h)  Provides that all medical or osteopathic medical education received by
the applicant in the United States must be accredited by an accrediting
body officially recognized by  the United States Department of Education as
the accrediting body for medical education leading to the doctor of
medicine degree or the doctor of osteopathy degree in the United States.
Makes this subsection inapplicable to postgraduate medical education or
training. 

(i)  Provides that an applicant unable to comply with the requirements of
Subsection (h) of this section may be eligible for an unrestricted license
if the applicant meets certain criteria. 

(j)  Requires the executive director to review each license application and
recommend to the board each applicant eligible for licensure.  Authorizes
the committee to refer any application for determination of eligibility to
the full board.  Requires the executive director to report to the board
each applicant determined to be ineligible for a license, accompanied by
the reasons for the recommendation.  Authorizes an applicant considered
ineligible for a license by the executive director to review the
recommendation by a committee of the board no later than the 20th day after
receiving the notice.  Authorizes the executive director to refer any
application to the committee for a recommendation concerning eligibility.
Requires that, if the committee finds the applicant ineligible for
licensure, that recommendation, along with the reasons for the
recommendation, be submitted to the full board unless the applicant
requests a hearing no later than the 20th day after receiving notice of the
committee's determination.  Requires the hearing to be before an
administrative law judge of the State Office of Administrative Hearings and
to comply with Chapter 2001 (Administrative Procedures), Government Code,
the rules of the State Office of Administrative Hearings, and board rules.
Requires the board, after receiving the administrative law judge's proposed
findings of fact and conclusions of law, to determine the applicant's
eligibility.  Requires the board to issue a written statement containing
the reasons for the board's action to a physician whose application is
denied. 

(k)  Provides that examination questions that may be used in the future,
examinations other than the one taken by the person requesting the
examination, and deliberations and records relating to the professional
character and fitness of applicants are confidential and not subject to
disclosure under Chapters 551 and 552 (Open Meetings and Public
Information, respectively), Government Code. 

(l)  Provides that a report received or information gathered by the board
on an applicant is confidential and not subject to disclosure under Chapter
552, Government Code. Authorizes the board to disclose the report to the
appropriate licensing authorities in other states and requires the board to
report all licensure actions to appropriate licensing authorities in other
states and to the Federation of State Medical Boards. 

(m)  Authorizes the board to require applicants to comply with other
requirements it considers appropriate in addition to requirements
prescribed by this section. 

Deletes existing text relating to application requirements.

Sec. 3.04.  New title:  QUALIFICATIONS OF LICENSEES.  Provides that to be
eligible for licensure, each applicant must present proof to the board that
the applicant has not violated Section 3.08 of this Act; has completed the
entire primary, secondary, and premedical education required in the country
of medical school graduation, if the medical school is located outside the
United States or Canada or substantially equivalent courses as determined
by board rule;  is a graduate of a medical school located inside the United
States or Canada and approved by the board who has successfully completed
one year of graduate medical training approved by the board in the United
States or Canada or is a graduate of a medical school outside the United
States or Canada who has successfully completed three years of graduate
medical training approved by the board in the United States or Canada; has
successfully passed within three attempts an examination accepted or
administered by the board; and has successfully passed a Texas medical
jurisprudence examination as determined by board rule.  Deletes existing
Subsections (b)-(j) relating to qualifications. 

Sec. 3.05.  New title:  EXAMINATIONS ACCEPTED OR ADMINISTERED.  (a)
Authorizes the board to administer or accept a specified list of
examinations for licensure as determined by rule. 

(b)  Requires an applicant wishing to request a reasonable accommodation
due to a disability to submit the request upon filing the application. 

(c)  Requires the examination  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 Texas. 

(d)  Requires the board to administer the Texas medical jurisprudence
examination to all applicants. 

(e)  Requires the minimum passing grade for each examination used by the
board 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
prepared by 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 the board by rule. 

(h)  Requires each applicant to be given notice of the date and place of
the examination if it is administered by the board. 

(i)  Requires each examinee to be notified of the results of the
examination no later than the 120th day after it is administered by the
board.  Requires the board to notify each examinee of the results no later
than the 30th day after the board receives the results, if the examination
is graded or reviewed by a national testing service. 

(j)  Provides that all parts of the National Board of Osteopathic Medical
Examiners, National Board of Medical Examiners, Medical Council of Canada,
and Federal Licensing examinations after June 1, 1985, and United States
Medical Licensing examinations must be passed no later than the seventh
anniversary of the initial attempt to pass the licensing examination.
Provides that an applicant who is a graduate of a program designed to lead
to a doctor of philosophy degree and either a doctor of medicine degree or
doctor of osteopathy degree must pass each part of those examinations no
later than the second anniversary of the date the applicant is awarded the
relevant degree. 

(k) Provides that all parts of any examination used for licensure must be
passed within three attempts. 

(l)  Provides that an applicant is considered to have satisfied the
requirements of this section if the applicant passed all but one part of an
examination within three attempts and passed the remaining part of the
examination within five attempts; is specialty board certified by a board
that is a member of the American Board of Medical Specialties; or a
specialty board approved by the American Osteopathic Association; enrolled
before September 1, 1993, in a board-approved postgraduate medical training
program in this state; and completed two years of board-approved
postgraduate medical training in this state. 

(m)  Provides that an applicant who is a graduate of a program designed to
lead to both a doctor of philosophy degree and a doctor of medicine degree
or doctor of osteopathy degree must pass each part of an examination
described by Subsection (a) of this section by the second anniversary of
the date the applicant was awarded a doctor of medicine degree or doctor of
osteopathy degree. 

Deletes existing examination requirements.
 
SECTION 3.  Amends Section 3.10, Article 4495b, V.T.C.S. (Medical Practice
Act), as follows: 

Sec. 3.10.  FEES.  (a)  Requires all receipts collected by the board to be
deposited in the state treasury and authorizes such money to be spent only
as provided by the General Appropriations Act, this Act, or other
applicable law for the enforcement of this Act, the prohibition of the
unlawful practice of medicine, the dissemination of information to prevent
the violation of laws, and the prosecution of those who violate the laws.
Authorizes all distributions to be made only on written approval of the
executive director of the board or the executive director's designee. 

(b)  Prohibits the board from setting, charging, collecting, receiving, or
depositing certain fees in excess of a certain limit. 

(c)  Authorizes the board to set and collect a charge for making copies of
records in the office of the board and for any material it publishes. 

(d)  Provides that the board's financial transactions are subject to audit
by the state auditor in accordance with Chapter 321 (State Auditor),
Government Code. 

(e)  Requires the board to file annually with the governor and the
presiding officer of each house of the legislature a complete and detailed
written report accounting for all funds received and disbursed by the board
during the preceding fiscal year.  Provides that the annual report must be
in the form and reported in the time provided by the General Appropriations
Act. 

Deletes existing text relating to registration fees.

SECTION 4.  Amends Section 3.11A, Article 4495b, V.T.C.S. (Medical Practice
Act), as follows: 

Sec. 3.11A.  New title:  SURCHARGE; DISPOSITION.  (a)  Requires an
additional $200 surcharge to apply to certain other fees for certain
licenses or permits.  Deletes existing text relating to fees.  Makes a
conforming change.   

SECTION 5.  Repealer:  Section 2.10, as added by Section 1.04, Chapter 36,
Acts of the 73rd Legislature, Regular Session, 1993 (Article 4495b,
V.T.C.S.) (Creation of Funds); Sections 3.0305 (Temporary License for
Out-of-State Practitioners) and 3.031 (Temporary Reciprocal License for
Physicians Employed by Texas Department of Mental Health and Mental
Retardation), Article 4495b, V.T.C.S. 

SECTION 6.  Emergency clause.
Effective date:  upon passage.