Law:Title 3. Health Professions. Subtitle B. Physicians from Chapter 155. License To Practice Medicine (Texas)

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Subtitle B. Physicians

Contents

Chapter 155. License To Practice Medicine

Subchapter A. License Requirements

Section  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.



Section 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.



Section  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.



Section  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.



Section 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.



Section  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.

Section 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.

Section 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.



Section  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.



Section 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.



Section 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

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.



Section  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.



Section  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

Section 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.



Section  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.



Section 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.



Section  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.



Section  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.



Section  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

Section  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.



Section  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.


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