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  S.B. No. 36
 
 
 
 
AN ACT
  relating to the examination of certain applicants for a license to
  practice medicine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 155.056, Occupations Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (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.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 36 passed the Senate on
  March 14, 2007, by the following vote:  Yeas 30, Nays 0;
  May 24, 2007, Senate refused to concur in House amendment and
  requested appointment of Conference Committee; May 25, 2007, House
  granted request of the Senate; May 26, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 36 passed the House, with
  amendment, on May 23, 2007, by the following vote:  Yeas 144,
  Nays 0, two present not voting; May 25, 2007, House granted request
  of the Senate for appointment of Conference Committee;
  May 26, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 142, Nays 1, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor