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S.B. No. 423
AN ACT
relating to the issuance of a limited license to practice medicine
to certain applicants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 155, Occupations Code, is
amended by adding Section 155.006 to read as follows:
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.
SECTION 2. The Texas State Board of Medical Examiners shall
adopt rules necessary to implement the requirements of Section
155.006, Occupations Code, as added by this Act, not later than
March 1, 2006.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 423 passed the Senate on
March 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 423 passed the House on
May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor