OCCUPATIONS CODE
CHAPTER 155. LICENSE TO PRACTICE MEDICINE
SUBCHAPTER A. LICENSE REQUIREMENTS
§ 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, § 1, eff. Sept. 1, 1999.
§ 155.002. ISSUANCE OF LICENSE. 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(a), eff. Sept. 1,
2001.
§ 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 within three attempts an examination
accepted or administered by the board, except as provided by
Section 155.056; 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(b), eff. Sept. 1,
2001.
§ 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 in
writing before an officer authorized by law to administer oaths.
The written oath is part of the application.
(d) An applicant must present proof satisfactory to the
board that each medical school attended is substantially equivalent
to a Texas medical school as determined by board rule.
Added by Acts 2001, 77th Leg., ch. 1420, § 14.027(c), eff. Sept.
1, 2001.
§ 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 at least three years of
graduate medical training in the United States or Canada that was
approved by the board;
(3) is eligible for a license to practice medicine in
the country in which the school is located, except for any
citizenship requirements;
(4) holds a valid certificate issued by the
Educational Commission for Foreign Medical Graduates; and
(5) is able to communicate in English.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(d), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(e), eff. Sept. 1,
2001.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(f), eff. Sept. 1,
2001.
§ 155.008. CRIMINAL RECORD CHECK. 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.023(b), eff. Sept. 1,
2001.
SUBCHAPTER B. LICENSE EXAMINATION
§ 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 was
awarded a doctor of medicine degree or doctor of osteopathy degree.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(g), eff. Sept. 1,
2001.
§ 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, § 14.027(h), eff. Sept.
1, 2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(i), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(j), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(k), eff. Sept. 1,
2001.
§ 155.056. REEXAMINATION. (a) An applicant must pass
each part of an examination within three attempts, except that an
applicant who has passed all but one part of an examination within
three attempts may take the remaining part of the examination one
additional time.
(b) Notwithstanding Subsection (a), an applicant is
considered to have satisfied the requirements of this section if
the applicant:
(1) passed all but one part of an examination approved
by the board within three attempts and passed the remaining part of
the examination within five 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) completed in this state an additional two years of
postgraduate medical training approved by the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(l), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(m), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(n), eff. Sept. 1,
2001.
SUBCHAPTER C. CERTAIN TEMPORARY LICENSES OR PERMITS
§ 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
is licensed to practice medicine in another state or country and who
submits an affidavit with the application stating that:
(1) the applicant intends to practice in a rural
community, as determined by the Office of Rural Community Affairs;
or
(2) the applicant:
(A) has requested and is eligible for an
immigration visa waiver as described by Section 12.0127, Health and
Safety Code; and
(B) 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, § 1, eff. June 16, 2001.
Amended by Acts 2003, 78th Leg., ch. 143, § 2, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 609, § 17, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1276, § 9.006(o), eff. Sept. 1, 2003.
§ 155.104. TEMPORARY LICENSES. 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.028(b), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.027(o), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 14.023(c), eff. Sept.
1, 2001.
SUBCHAPTER D. ISSUANCE OF NEW OR DUPLICATE LICENSE
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
