CHAPTER 155. LICENSE TO PRACTICE MEDICINE
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE B. PHYSICIANS
CHAPTER 155. LICENSE TO PRACTICE MEDICINE
SUBCHAPTER A. LICENSE REQUIREMENTS
Sec. 155.001. LICENSE REQUIRED. A person may not practice
medicine in this state unless the person holds a license issued
under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 155.002. ISSUANCE OF LICENSE. (a) The board, at its sole
discretion, may issue a license to practice medicine to a person
who:
(1) submits to the board a license application as required by
this chapter;
(2) presents satisfactory proof that the person meets the
eligibility requirements established by this chapter; and
(3) satisfies the examination requirements of Section 155.051.
(b) The board may delegate authority to board employees to issue
licenses under this subtitle to applicants who clearly meet all
licensing requirements. If the board employees determine that
the applicant does not clearly meet all licensing requirements,
the application shall be returned to the board. A license issued
under this subsection does not require formal board approval.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.20, eff. September 1, 2005.
Sec. 155.003. GENERAL ELIGIBILITY REQUIREMENTS. (a) To be
eligible for a license under this chapter, an applicant must
present proof satisfactory to the board that the applicant:
(1) is at least 21 years of age;
(2) is of good professional character and has not violated
Section 164.051, 164.052, or 164.053;
(3) has completed:
(A) at least 60 semester hours of college courses, other than
courses in medical school, that are acceptable to The University
of Texas at Austin for credit on a bachelor of arts degree or a
bachelor of science degree;
(B) 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
(C) substantially equivalent courses as determined by board
rule;
(4) is a graduate of a medical school located in the United
States or Canada and approved by the board;
(5) has either:
(A) successfully completed one year of graduate medical training
approved by the board in the United States or Canada; or
(B) graduated from a medical school located outside the United
States or Canada and has successfully completed three years of
graduate medical training approved by the board in the United
States or Canada;
(6) has passed an examination accepted or administered by the
board; and
(7) has passed a Texas medical jurisprudence examination as
determined by board rule.
(b) All medical or osteopathic medical education an applicant
receives 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. This subsection does not apply to
postgraduate medical education or training.
(c) An applicant who is unable to meet the requirement
established by Subsection (b) may be eligible for an unrestricted
license if the applicant:
(1) received medical education in a hospital or teaching
institution sponsoring or participating in a program of graduate
medical education accredited by the Accreditation Council for
Graduate Medical Education, the American Osteopathic Association,
or the board in the same subject as the medical or osteopathic
medical education as defined by board rule; or
(2) is specialty board certified by a specialty board approved
by the American Osteopathic Association or the American Board of
Medical Specialties.
(d) In addition to the other requirements prescribed by this
subtitle, the board may require an applicant to comply with other
requirements that the board considers appropriate.
(e) An applicant is not eligible for a license if:
(1) the applicant holds a medical license that is currently
restricted for cause, canceled for cause, suspended for cause, or
revoked by a state, a province of Canada, or a uniformed service
of the United States;
(2) an investigation or a proceeding is instituted against the
applicant for the restriction, cancellation, suspension, or
revocation in a state, a province of Canada, or a uniformed
service of the United States; or
(3) a prosecution is pending against the applicant in any state,
federal, or Canadian court for any offense that under the laws of
this state is a felony or a misdemeanor that involves moral
turpitude.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(b), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.21, eff. September 1, 2005.
Sec. 155.0031. APPLICATION PROCEDURES AND REQUIREMENTS. (a) An
application for a license must be in writing and on forms
prescribed by the board. The board may allow or require
applicants, by board rule, to use the Federation Credentials
Verification Service offered by the Federation of State Medical
Boards of the United States.
(b) The application forms must be accompanied by all fees,
documents, and photographs required by board rule.
(c) Applicants for a license must subscribe to an oath. The
written oath is part of the application.
(d) An applicant must present proof satisfactory to the board
that:
(1) each medical school attended by the applicant is
substantially equivalent to a Texas medical school as determined
by board rule; or
(2) the applicant is specialty board certified by a specialty
board organization acceptable to the board.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(c), eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1406, Sec. 1, eff. September 1, 2009.
Sec. 155.004. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRADUATES
OF CERTAIN FOREIGN MEDICAL SCHOOLS. A license applicant who is a
graduate of a medical school that is located outside the United
States and Canada must present proof satisfactory to the board
that the applicant:
(1) is a graduate of a school whose curriculum meets the
requirements for an unapproved medical school as determined by a
committee of experts selected by the Texas Higher Education
Coordinating Board;
(2) has successfully completed:
(A) at least three years of graduate medical training in the
United States or Canada that was approved by the board; or
(B) at least two years of graduate medical training in the
United States or Canada that was approved by the board and at
least one year of graduate medical training outside the United
States or Canada that was approved for advanced standing by a
specialty board organization approved by the board;
(3) holds a valid certificate issued by the Educational
Commission for Foreign Medical Graduates; and
(4) is able to communicate in English.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(d), eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1406, Sec. 2, eff. September 1, 2009.
Sec. 155.005. ELIGIBILITY REQUIREMENTS OF FOREIGN MEDICAL SCHOOL
STUDENTS IN FIFTH PATHWAY PROGRAM. (a) To be eligible for a
license under this chapter, an applicant who has been a student
of a foreign medical school must present proof satisfactory to
the board that the applicant:
(1) meets the requirements of Section 155.003;
(2) has studied medicine in a medical school located outside the
United States and Canada that is acceptable to the board;
(3) has completed all of the didactic work of the foreign
medical school but has not graduated from the school;
(4) has attained a score satisfactory to a medical school in the
United States approved by the Liaison Committee on Medical
Education on a qualifying examination and has satisfactorily
completed one academic year of supervised clinical training for
foreign medical students, as defined by the American Medical
Association Council on Medical Education (Fifth Pathway Program),
under the direction of the medical school in the United States;
(5) has attained a passing score on the Educational Commission
for Foreign Medical Graduates examination or another examination,
if required by the board;
(6) has successfully completed at least three years of graduate
medical training in the United States or Canada that was approved
by the board as of the date the training was completed; and
(7) has passed the license examination under Subchapter B
required by the board of each applicant.
(b) An applicant who satisfies the requirements of this section
is not required to:
(1) meet any requirement of the foreign medical school beyond
completion of the didactic work; or
(2) be certified by the Educational Commission for Foreign
Medical Graduates.
(c) A hospital that is licensed by this state, that is operated
by this state or a political subdivision of this state, or that
directly or indirectly receives state financial assistance may
not require a person who has been a student of a foreign medical
school but has not graduated from the school to satisfy any
requirements other than those listed in Subsection (a) before
beginning an internship or residency.
(d) For purposes of licensing under this chapter, a document
granted by a medical school located outside the United States
issued after the completion of all the didactic work of the
medical school is considered the equivalent of a degree of doctor
of medicine or doctor of osteopathy on certification by the
medical school in the United States in which the training was
received that the person to whom the document was issued
satisfactorily completed the requirements listed in Subsection
(a)(4).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(e), eff.
Sept. 1, 2001.
Text of section as added by Acts 2005, 79th Leg., R.S., Ch.
269, Sec. 1.22
For text of section as added by Acts 2005, 79th Leg., Ch.
799, Sec. 1, see other Sec. 155.006.
Sec. 155.006. ISSUANCE OF LIMITED LICENSE. (a) The board may
adopt rules and prescribe fees related to the issuance of a
license under this section that is limited in scope to an
applicant by virtue of the applicant's conceded eminence and
authority in the applicant's specialty.
(b) An applicant is eligible for a limited license under this
section on presenting proof satisfactory to the board that the
applicant:
(1) is recommended to the board by the dean, president, or chief
academic officer of:
(A) a school of medicine in this state;
(B) The University of Texas Health Center at Tyler;
(C) The University of Texas M. D. Anderson Cancer Center; or
(D) a program of graduate medical education, accredited by the
Accreditation Council for Graduate Medical Education or the
American Osteopathic Association, that exceeds the requirements
for eligibility for first board certification in the discipline;
(2) is expected to receive an appointment at the institution or
program making the recommendation under Subdivision (1);
(3) has not failed a licensing examination that would prevent
the applicant from obtaining a full license not limited in scope
in this state;
(4) has passed a Texas medical jurisprudence examination as
determined by board rule;
(5) has successfully completed at least one year of approved
subspecialty training accredited by the Accreditation Council for
Graduate Medical Education or the American Osteopathic
Association;
(6) is of good professional character, is not subject to denial
of a license under Section 164.051, and has not engaged in
conduct described by Section 164.052 or 164.053; and
(7) meets any other requirements prescribed by board rule
adopted under this section.
(c) In adopting rules under this section, the board may adopt
rules that prescribe additional qualifications for an applicant,
including education and examination requirements, conditions of
employment, and application procedures. The board by rule may
qualify, restrict, or otherwise limit a license issued under this
section.
(d) The board by rule may define "conceded eminence and
authority in the applicant's specialty." In adopting rules under
this subsection, the board shall consider criteria that include a
person's:
(1) academic appointments;
(2) length of time in a profession;
(3) scholarly publications; and
(4) professional accomplishments.
(e) The board may require that the holder of a license under
this section serve a six-month probationary period during which
medical services provided by the license holder are supervised by
another licensed physician.
(f) The holder of a license under this section shall be limited
to the practice of only a specialty of medicine for which the
license holder has trained and qualified, as determined by the
board. The license holder may not practice medicine outside of
the setting of the institution or program that recommended the
license holder under Subsection (b)(1).
(g) The holder of a license under this section may not change
the license holder's practice setting to a new institution or
program unless the license holder applies for a new license under
this section with the recommendation of that institution or
program as required by Subsection (b)(1).
(h) A license holder under this section may obtain a full
license not limited in scope to practice medicine in this state
by meeting all applicable eligibility requirements for that
license.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 1.22, eff. September 1, 2005.
Text of section as added by Acts 2005, 79th Leg., R.S., Ch.
799, Sec. 1
For text of section as added by Acts 2005, 79th Leg., Ch.
269, Sec. 1.22, see other Sec. 155.006.
Sec. 155.006. ISSUANCE OF LIMITED LICENSE. (a) The board may
adopt rules and prescribe fees related to the issuance of a
license under this section that is limited in scope to an
applicant by virtue of the applicant's conceded eminence and
authority in the applicant's specialty.
(b) An applicant is eligible for a limited license under this
section on presenting proof satisfactory to the board that the
applicant:
(1) is recommended to the board by the dean, president, or chief
academic officer of:
(A) a school of medicine in this state;
(B) The University of Texas Health Center at Tyler;
(C) The University of Texas M. D. Anderson Cancer Center; or
(D) a program of graduate medical education, accredited by the
Accreditation Council for Graduate Medical Education or the
American Osteopathic Association, that exceeds the requirements
for eligibility for first board certification in the discipline;
(2) is expected to receive an appointment at the institution or
program making the recommendation under Subdivision (1);
(3) has not failed a licensing examination that would prevent
the applicant from obtaining a full license not limited in scope
in this state;
(4) has passed a Texas medical jurisprudence examination as
determined by board rule;
(5) has successfully completed at least one year of approved
subspecialty training accredited by the Accreditation Council for
Graduate Medical Education or the American Osteopathic
Association;
(6) is of good professional character, is not subject to denial
of a license under Section 164.051, and has not engaged in
conduct described by Section 164.052 or 164.053; and
(7) meets any other requirements prescribed by board rule
adopted under this section.
(c) In adopting rules under this section, the board may adopt
rules that prescribe additional qualifications for an applicant,
including education and examination requirements, conditions of
employment, and application procedures. The board by rule may
qualify, restrict, or otherwise limit a license issued under this
section.
(d) The board by rule may define "conceded eminence and
authority in the applicant's specialty." In adopting rules under
this subsection, the board shall consider criteria that include a
person's:
(1) academic appointments;
(2) length of time in a profession;
(3) scholarly publications; and
(4) professional accomplishments.
(e) The board may require that the holder of a license under
this section serve a six-month probationary period during which
medical services provided by the license holder are supervised by
another licensed physician.
(f) The holder of a license under this section shall be limited
to the practice of only a specialty of medicine for which the
license holder has trained and qualified, as determined by the
board. The license holder may not practice medicine outside of
the setting of the institution or program, or an affiliate of the
institution or program, that recommended the license holder under
Subsection (b)(1).
(g) The holder of a license under this section may not change
the license holder's practice setting to a new institution or
program unless the license holder applies for a new license under
this section with the recommendation of that institution or
program as required by Subsection (b)(1).
(h) A license holder under this section may obtain a full
license not limited in scope to practice medicine in this state
by meeting all applicable eligibility requirements for such
license.
Added by Acts 2005, 79th Leg., Ch.
799, Sec. 1, eff. September 1, 2005.
Sec. 155.007. APPLICATION PROCESS. (a) The executive director
shall review each application for a license and shall:
(1) recommend to the board each applicant eligible for a
license; and
(2) report to the board the name of each applicant determined to
be ineligible for a license, together with the reasons for that
determination.
(b) An applicant determined to be ineligible for a license by
the executive director may request review of that determination
by a committee of the board. The applicant must request the
review not later than the 20th day after the date the applicant
receives notice of the determination.
(c) The executive director may refer an application to the board
committee for a recommendation concerning eligibility. If the
committee determines that the applicant is ineligible for a
license, the committee shall submit that determination, together
with the reasons for the determination, to the board unless the
applicant requests a hearing not later than the 20th day after
the date the applicant receives notice of the determination.
(d) The committee may refer an application for determination of
eligibility to the full board.
(e) A hearing requested under Subsection (c) shall be held
before an administrative law judge of the State Office of
Administrative Hearings and must comply with:
(1) Chapter 2001, Government Code; and
(2) the rules of:
(A) the State Office of Administrative Hearings; and
(B) the board.
(f) After receipt of the administrative law judge's proposed
findings of fact and conclusions of law, the board shall
determine the applicant's eligibility. The board shall provide an
applicant who is denied a license a written statement containing
the reasons for the board's action.
(g) Each report received or gathered by the board on a license
applicant is confidential and is not subject to disclosure under
Chapter 552, Government Code. The board may disclose a report to
an appropriate licensing authority in another state. The board
shall report all licensing actions to appropriate licensing
authorities in other states and to the Federation of State
Medical Boards of the United States.
(h) Not later than January 1 of each year:
(1) the executive director shall review the policy and
procedures the board uses to issue licenses; and
(2) the board shall perform a needs assessment to enable the
board to determine the performance goals that the board must meet
to reduce any unreasonable delays in the timely completion of the
licensing process and to ensure the process is completed in a
reasonable number of days.
(i) Not later than August 1 of each even-numbered year, the
executive director shall issue a report to the governor, the
Legislative Budget Board, and the relevant committees of the
senate and the house of representatives on the state of the
board's licensing process.
(j) The report required under Subsection (i) must include a
projected yearly budget for board staffing and technology
improvements that will allow the board to issue licenses within a
reasonable number of days.
(k) The board and the executive director shall ensure that any
change in licensing policies or procedures is made only to
increase the number of licenses issued under this chapter, reduce
unreasonable delays in the licensing process, and maintain public
safety.
(l) The report required under Subsection (i) must include:
(1) any specialty certification information collected from
applicants, including any information similar to information
collected under Section 154.006;
(2) the location where each applicant intends to practice; and
(3) in aggregate form, data collected since the prior report
relating to felony convictions, Class A and Class B misdemeanor
convictions, and deferred adjudications for felonies and Class A
and Class B misdemeanors.
(m) Not later than August 31, 2008, the board shall ensure that
the average time to process license applications under this
chapter does not exceed 51 days. The board shall include the
board's progress toward this performance measure target in the
report required under Subsection (i).
(n) The board shall make an effort to give priority to an
application submitted by an applicant who informs the board that
the applicant intends to practice in a medically underserved area
of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(f), eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
880, Sec. 2, eff. June 15, 2007.
Sec. 155.008. CRIMINAL RECORD CHECK. (a) The board may submit
to the Department of Public Safety a complete set of fingerprints
of each license applicant, and the department shall classify and
check the fingerprints against those in the department's
fingerprint records. The department shall certify to the board
its findings regarding the criminal record of the applicant or
the applicant's lack of a criminal record.
(b) Each applicant shall submit information to the board
detailing any conviction for a felony or a Class A or Class B
misdemeanor or a deferred adjudication for a felony or Class A or
Class B misdemeanor for a violation relating to:
(1) Medicare, Medicaid or insurance fraud;
(2) the Texas Controlled Substances Act or intoxication or
alcoholic beverage offenses;
(3) sexual or assaultive offenses; and
(4) tax fraud or evasion.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.023(b), eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
880, Sec. 3, eff. June 15, 2007.
Sec. 155.009. LIMITED LICENSE FOR PRACTICE OF ADMINISTRATIVE
MEDICINE. (a) The board shall adopt rules for the issuance of a
license that limits the license holder to the practice of
administrative medicine. The board's rules under this section
must include provisions for eligibility for the license, issuance
and renewal of the license, the fees applicable to the license,
continuing education requirements, and the scope of practice of a
person who holds the license.
(b) An applicant for a license under this section must meet all
of the requirements for issuance of a license under Section
155.002.
(c) A license holder under this section who seeks to practice
medicine under an unrestricted license that is not limited to the
practice of administrative medicine must provide proof to the
board that the license holder has the clinical competence to
practice medicine under that license and must meet all applicable
eligibility requirements for that license. The board may require
the license holder to pass any examination the board determines
necessary.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 1.23, eff. September 1, 2005.
SUBCHAPTER B. LICENSE EXAMINATION
Sec. 155.051. EXAMINATION REQUIRED. (a) Except as provided by
Subsection (b), an applicant for a license to practice medicine
in this state must pass each part of an examination described by
Section 155.0511(2), (3), (4), (6), or (7) within seven years.
(b) 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 Section 155.0511(2), (3), (4), (6), or
(7) not later than the second anniversary of the date the
applicant completed the graduate medical training described by
Section 155.003(a)(5).
(c) The time frame to pass each part of the examination
described by Subsection (a) is extended to 10 years and the
anniversary date to pass each part of the examination described
by Subsection (b) is extended to the 10th anniversary if the
applicant:
(1) is specialty board certified by a specialty board that:
(A) is a member of the American Board of Medical Specialties; or
(B) is a member of the Bureau of Osteopathic Specialists; or
(2) has been issued a faculty temporary license, as prescribed
by board rule, and has practiced under such a license for a
minimum of 12 months and, at the conclusion of the 12-month
period, has been recommended to the board by the chief
administrative officer and the president of the institution in
which the applicant practiced under the faculty temporary
license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(g), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
79, Sec. 1, eff. May 17, 2005.
Sec. 155.0511. EXAMINATIONS ADMINISTERED OR ACCEPTED BY BOARD.
The board may administer or accept the following examinations for
licensing as determined by rule:
(1) a state board licensing examination;
(2) the Medical Council of Canada Examination (LMCC) or its
successor;
(3) the National Board of Osteopathic Medical Examiners (NBOME)
examination or its successor;
(4) the National Board of Medical Examiners (NBME) examination
or its successor;
(5) the Federation Licensing Examination (FLEX) with a weighted
average in one sitting before June 1985;
(6) the Federation Licensing Examination (FLEX) after May 1985;
(7) the United States Medical Licensing Examination (USMLE) or
its successor;
(8) a combination of the examinations described by Subdivisions
(3) and (6) as determined by board rule; or
(9) a combination of the examinations described by Subdivisions
(4), (6), and (7) as determined by board rule.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(h), eff.
Sept. 1, 2001.
Sec. 155.052. GENERAL EXAMINATION PROCEDURES. (a) Each
examination administered to evaluate basic medical knowledge and
clinical competency must be prepared by a national testing
service or the board and validated by qualified independent
testing professionals. The examination must be in writing and in
English.
(b) A license examination must be entirely fair and impartial to
all persons and to each school or system of medicine.
(c) An applicant who wishes to request reasonable accommodations
due to a disability must submit the request on filing the
application.
(d) The board by rule shall determine the passing grade for each
examination used by the board.
(e) The board shall give each license applicant notice of the
date and place of the examination, if administered by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(i), eff.
Sept. 1, 2001.
Sec. 155.053. PUBLIC MEMBER PARTICIPATION IN EXAMINATION. (a)
A public member of the board may not participate in the
preparation of an examination used to examine the academic and
professional credentials of a license applicant or to examine the
applicant orally or in writing.
(b) Each public member shall be given notice of, and may be
present at, each examination or deliberation concerning the
results of an examination and may participate in the development
and establishment of the procedures and criteria for each
examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 155.054. EXAMINATION SUBJECTS. (a) Each license
examination must include subjects generally taught by medical
schools, a knowledge of which is commonly and generally required
of each candidate for the degree of doctor of medicine or doctor
of osteopathy conferred by schools in this state.
(b) The board shall administer the Texas medical jurisprudence
examination to all applicants.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(j), eff.
Sept. 1, 2001.
Sec. 155.055. NOTICE OF EXAMINATION RESULTS. The board shall
notify each examinee of the results of a licensing examination
not later than the 120th day after the date the examination is
administered by the board. However, if an examination is graded
or reviewed by a national testing service, the board shall notify
each examinee of the results of the examination not later than
the 30th day after the date the board receives the results from
the testing service.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(k), eff.
Sept. 1, 2001.
Sec. 155.056. EXAMINATION ATTEMPT LIMITS. (a) An applicant
must pass each part of an examination within three attempts.
(b) The board shall adopt rules that prescribe how the limit on
the number of examination attempts under Subsection (a) shall
apply to an applicant who seeks a license and who attempts more
than one type of examination.
(c) Notwithstanding Subsection (a), an applicant who, on
September 1, 2005, held a physician-in-training permit issued
under Section 155.105 or had an application for that permit
pending before the board must pass each part of the examination
within three attempts, except that, if the applicant has passed
all but one part of the examination within three attempts, the
applicant may take the remaining part of the examination one
additional time. However, an applicant is considered to have
satisfied the requirements of this subsection if the applicant:
(1) passed all but one part of the examination approved by the
board within three attempts and passed the remaining part of the
examination within six attempts;
(2) 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
(3) has completed in this state an additional two years of
postgraduate medical training approved by the board.
(d) 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
any restrictions, disciplinary orders, or probation; and
(4) 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(l), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.24, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
796, Sec. 1, eff. June 15, 2007.
Sec. 155.057. PRESERVATION OF EXAMINATION MATERIALS. The board
shall preserve all examination questions, answers, and grades as
directed by board rule until the first anniversary of the date of
the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(m), eff.
Sept. 1, 2001.
Sec. 155.058. APPLICATION OF OPEN RECORDS AND OPEN MEETINGS LAW
TO EXAMINATION PROCEDURES. (a) The following are exempt from
Chapters 551 and 552, Government Code:
(1) examination questions that may be used in the future;
(2) examinations; and
(3) deliberations and records relating to the professional
character and fitness of applicants.
(b) Subsection (a)(2) does not prohibit the board from providing
an examination to an applicant who has taken that examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(n), eff.
Sept. 1, 2001.
SUBCHAPTER C. CERTAIN TEMPORARY LICENSES OR PERMITS
Sec. 155.101. PROVISIONAL LICENSE TO PRACTICE IN CERTAIN AREAS.
(a) On application, the board shall grant a provisional license
to practice medicine in a location described by Subsection (e) to
an applicant for a license under this subtitle who is licensed in
good standing as a physician in another state.
(b) The board may not grant a provisional license under this
section to an applicant who:
(1) has had a medical license suspended or revoked by another
state or a Canadian province; or
(2) holds a medical license issued by another state or a
Canadian province that is subject to a restriction, disciplinary
order, or probationary order.
(c) The provisional license applicant must:
(1) have passed a national or other examination recognized by
the board relating to the practice of medicine within the number
of attempts allowed under Section 155.056;
(2) submit information to enable the board to conduct a criminal
background check as required by the board; and
(3) be sponsored by a person licensed under this subtitle with
whom the provisional license holder may practice under this
section.
(d) The board may excuse an applicant for a provisional license
from the requirement of Subsection (c)(3) if the board determines
that compliance with that subsection constitutes a hardship to
the applicant.
(e) A person who holds a provisional license issued under this
section may only practice medicine in a location:
(1) designated by the federal government as a health
professional shortage area; or
(2) designated by the federal or state government as a medically
underserved area.
(f) A provisional license expires on the earlier of:
(1) the date the board issues the provisional license holder a
license under this subtitle or denies the provisional license
holder's application for a license; or
(2) the 270th day after the date the provisional license was
issued.
(g) The board shall issue a license under this subtitle to the
holder of a provisional license under this section if:
(1) the provisional license holder passes the examination
required by Section 155.051; and
(2) the provisional license holder satisfies all other license
requirements under this subtitle.
Added by Acts 2009, 81st Leg., R.S., Ch.
463, Sec. 1, eff. September 1, 2009.
Sec. 155.1025. EXPEDITED PROCESS FOR CERTAIN APPLICANTS. (a)
The board shall adopt rules for expediting any application for a
license under this subtitle made by a person who submits an
affidavit with the application stating that:
(1) the applicant intends to practice in a rural community; or
(2) the applicant intends to practice medicine in a medically
underserved area or health professional shortage area, designated
by the United States Department of Health and Human Services,
that has a current shortage of physicians.
(b) The board shall notify the Texas Department of Health on
receipt of an application for expedited processing under
Subsection (a)(2).
Added by Acts 2001, 77th Leg., ch. 1293, Sec. 1, eff. June 16,
2001. Amended by Acts 2003, 78th Leg., ch. 143, Sec. 2, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 609, Sec. 17, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 9.006(o), eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
880, Sec. 5, eff. June 15, 2007.
Sec. 155.104. TEMPORARY LICENSES. (a) The board may adopt
rules and set fees relating to granting temporary licenses and
extending the expiration dates of temporary licenses. The board
by rule shall set a time limit for the term of a temporary
license.
(b) The board may issue a faculty temporary license to practice
medicine to a physician as provided by this section. The
physician:
(1) must hold a current medical license that is unrestricted and
not subject to a disciplinary order or probation in another state
or a Canadian province or have completed at least three years of
postgraduate residency;
(2) may not hold a medical license in another state or a
Canadian province that has any restrictions, disciplinary orders,
or probation;
(3) must pass the Texas medical jurisprudence examination; and
(4) must hold a salaried faculty position equivalent to at least
the level of assistant professor and be working full-time at one
of the following institutions:
(A) The University of Texas Medical Branch at Galveston;
(B) The University of Texas Southwestern Medical Center at
Dallas;
(C) The University of Texas Health Science Center at Houston;
(D) The University of Texas Health Science Center at San
Antonio;
(E) The University of Texas Health Center at Tyler;
(F) The University of Texas M. D. Anderson Cancer Center;
(G) Texas A&M University College of Medicine;
(H) the Schools of Medicine at Texas Tech University Health
Sciences Center;
(I) Baylor College of Medicine;
(J) the University of North Texas Health Science Center at Fort
Worth;
(K) an institutional sponsor of a graduate medical education
program accredited by the Accreditation Council for Graduate
Medical Education; or
(L) a nonprofit health corporation certified under Section
162.001 and affiliated with a program described by Paragraph (K).
(c) A physician is eligible for a temporary license under
Subsection (b) if the physician holds a faculty position of at
least the level of assistant professor and works at least
part-time at an institution listed in Subsection (b)(4) and:
(1) the physician is on active duty in the United States armed
forces; and
(2) the physician's practice under the temporary license will
fulfill critical needs of the citizens of this state.
(d) A physician who is issued a temporary license under
Subsection (b) must sign an oath on a form prescribed by the
board swearing that the physician:
(1) has read and is familiar with this subtitle and board rules;
(2) will abide by the requirements of this subtitle and board
rules while practicing under the physician's temporary license;
and
(3) will be subject to the disciplinary procedures of the board.
(e) A physician holding a temporary license under Subsection (b)
and the physician's institution must file affidavits with the
board affirming acceptance of the terms and limits imposed by the
board on the medical activities of the physician.
(f) A temporary license issued under Subsection (b) is valid for
one year.
(g) The holder of a temporary license issued under Subsection
(b) is limited to the teaching confines of the applying
institution as a part of the physician's duties and
responsibilities assigned by the institution and may not practice
medicine outside of the setting of the institution or an
affiliate of the institution. The physician may participate in
the full activities of the department of any hospital for which
the physician's institution has full responsibility for clinical,
patient care, and teaching activities.
(h) The application for a temporary license under Subsection (b)
must be made by the chairman of the department of the institution
in which the physician teaches, or the person holding the
equivalent position at the institution where the physician
teaches, and must contain the information and documentation
requested by the department. The application must be endorsed by
the dean of the medical school or the president of the
institution.
(i) Three years in a teaching faculty position at an institution
listed in Subsection (b)(4) may be treated as equivalent to three
years of an approved postgraduate residency program if, at the
conclusion of the three-year period, the physician presents
recommendations on the physician's behalf from the chief
administrative officer and the president of the institution.
(j) A physician who holds a temporary license issued under
Subsection (b) and who wishes to receive a permanent unrestricted
license must meet the requirements for issuance of a permanent
unrestricted license, including any examination requirements.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.028(b), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 1.25, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
792, Sec. 1, eff. June 19, 2009.
Sec. 155.105. PHYSICIAN-IN-TRAINING PERMIT. (a) The board as
provided by board rule may issue a physician-in-training permit
to a physician not otherwise licensed by the board who is
participating in a graduate medical education training program
approved by the board.
(b) A physician-in-training permit does not authorize the
performance of a medical act by the permit holder unless the act
is performed:
(1) as a part of the graduate medical education training
program; and
(2) under the supervision of a physician.
(c) The board has jurisdiction to discipline a permit holder
whose permit has expired if the violation of the law occurred
during the time the permit was valid. If an investigation is open
when the permit expires, the permit shall be executory and the
board may retain jurisdiction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.027(o), eff.
Sept. 1, 2001.
Sec. 155.106. CERTIFICATION OF LICENSE TO OTHER STATES. On the
request of a license holder, the board shall issue a certificate
that endorses the license issued by the board to other states.
The board shall charge a fee for the issuance of the certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 155.107. CERTIFICATION OF EXAMINATION GRADES. On the
request of a license holder, the board shall issue certification
of state board examination grades to the Federation of State
Medical Boards of the United States. The board shall charge a
reasonable fee for the issuance.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.023(c), eff.
Sept. 1, 2001.
SUBCHAPTER D. ISSUANCE OF NEW OR DUPLICATE LICENSE
Sec. 155.151. DUPLICATE LICENSE. (a) If a license issued under
this subtitle is lost or destroyed, the license holder may apply
to the board for a duplicate license. The application must be on
a form prescribed by the board, accompanied by an affidavit of
the loss or destruction that states that the applicant is the
person to whom the license was issued and other information
concerning the loss or destruction of the license as required by
the board.
(b) On payment of a fee set by the board, the board shall issue
a duplicate license to the person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 155.152. ISSUANCE OF NEW LICENSE ON CHANGE OF NAME. The
board may issue a new license to a license holder if the license
holder changes the license holder's name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.