HBA-MPM H.B. 3454 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3454
By: Hinojosa
Public Health
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 3454 allows an applicant enrolled in a medical school in this state on
September 1, 1993 to take the required examination at least five times
without Texas State Board of Medical Examiners (board) approval, and allows
the applicant to take the examination more than five times with board
approval. This bill authorizes the board to allow a person otherwise
qualified to practice medicine to do so for a period determined by the
board at a site serving a medically underserved population under certain
conditions. 

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(c), Article 4495b, V.T.C.S. (Medical
Practice Act), as follows: 

(c)  Requires an applicant for a license to practice medicine in this state
who was not enrolled in medical school in this state on September 1, 1993,
to be permitted to take a subsequent examination at a time set by the Texas
State Board of Medical Examiners (board) if the applicant failed to pass
the required examination and is refused a license.  Requires an applicant
who was enrolled in medical school in this state on September 1, 1993 to be
permitted to take the required examination at least five times without the
board's approval. Authorizes the applicant to be permitted to take the
required examination more than five times subject to the board's approval.

SECTION 2.  Amends Subchapter E, Article 4495b, V.T.C.S. (Medical Practice
Act), by adding Section 5.12, as follows: 

Sec. 5.12.  PRACTICE OF MEDICINE BY CERTAIN PERSONS NOT LICENSED BY BOARD.
(a)  Authorizes a person licensed to practice medicine in another state of
the United States to practice medicine in this state, notwithstanding any
over provision of this Act. 

(b)  Authorizes the board, notwithstanding any other provision of this Act,
to allow a person otherwise qualified to practice medicine to do so for a
period determined by the board at a site serving a medically underserved
population, as defined under Section 3.06(d)(5)(E)(iv) if the person: 

_was enrolled in a medical school in this state on September 1, 1993; 
_has not passed the examination required under Section 3.05 of this Act; and
_has taken the examination required under Section 3.05 of this Act at least
five times. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.