CHAPTER 155. LICENSE TO PRACTICE MEDICINE

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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

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.

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.

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.

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;

(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.

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;

(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.

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.

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.

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).

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.

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.

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.

(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;

(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).

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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