HB296 - Relating to the issuance of a license to practice medicine to certain applicants licensed or educated in a foreign country.

  89R1171 BEE-F     By: Harris Davila H.B. No. 296       A BILL TO BE ENTITLED   AN ACT   relating to the issuance of a license to practice medicine to   certain applicants licensed or educated in a foreign country.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 155, Occupations Code, is   amended by adding Sections 155.012 and 155.013 to read as follows:           Sec.   155.012.     ISSUANCE OF LICENSE TO APPLICANT LICENSED TO   PRACTICE MEDICINE IN CERTAIN FOREIGN COUNTRIES. Notwithstanding   Sections 155.003, 155.004, 155.005, and 155.051, the board shall   issue a license to practice medicine to an applicant who presents   proof satisfactory to the board that the applicant:                 (1)     is a resident of and licensed in good standing to   practice medicine in Australia, Canada, Ireland, Israel, New   Zealand, Singapore, South Africa, Switzerland, or the United   Kingdom;                 (2)     has been granted a degree of doctor of medicine or   a substantially similar degree by a program of medical education   determined by the board to be in good standing in accordance with   board rule;                 (3)  has:                       (A)     completed a residency or substantially   similar postgraduate medical training in the applicant's country of   residence; or                       (B)     practiced as a medical professional   performing the duties of a physician in the applicant's country of   residence for not less than two years;                 (4)  has proficiency in the English language; and                 (5)     is authorized under federal law to work in the   United States.           Sec.   155.013.     ISSUANCE OF LICENSE TO GRADUATE OF CERTAIN   BOARD-APPROVED FOREIGN MEDICAL PROGRAMS. (a) Notwithstanding   Sections 155.003, 155.004, and 155.005, the board shall issue a   license to practice medicine to an applicant who satisfies:                 (1)  the eligibility requirements of this section; and                 (2)  the examination requirements of Section 155.051.           (b)     To be eligible for a license under this section, an   applicant must present proof satisfactory to the board that the   applicant:                 (1)     has been granted a degree of doctor of medicine or   a substantially similar degree by a foreign medical program   approved under Subsection (c);                 (2)     is licensed in good standing to practice medicine   in another country;                 (3)  has:                       (A)     completed a residency or substantially   similar postgraduate medical training in the applicant's country of   licensure; or                       (B)     practiced as a medical professional   performing the duties of a physician in the applicant's country of   licensure for not less than two years;                 (4)  has proficiency in the English language; and                 (5)     is authorized under federal law to work in the   United States.           (c)     The board shall adopt rules regarding the approval of   foreign medical programs for purposes of this section. Rules   adopted under this subsection must provide that a foreign medical   program is eligible to apply under this section only if the program   is a medical school, residency program, medical internship program,   or other entity that provides medical education or training outside   of the United States that is substantially similar to the education   or training provided by a medical school described by Section   155.003(a)(4).           (d)     The board shall approve an application under this   section not later than the 120th day after the date the application   is submitted unless:                 (1)     the board determines the applicant does not meet   the eligibility requirements described by Subsection (c); or                 (2)     the board finds by clear and convincing evidence   that the majority of the program's graduates are not likely to   provide medical care that satisfies applicable board standards   relating to safety, competency, or professional conduct in the   practice of medicine.           (e)     A foreign medical program may appeal the board's denial   of the program's application under this section. The appeal is   considered to be a contested case under Chapter 2001, Government   Code.           (f)     The board shall approve for purposes of this section a   foreign medical program if at least five graduates of the program   have been issued a license to practice medicine under Section   155.1015(c).           (g)     The board shall maintain on the board's Internet website   a list of all foreign medical programs approved under this section   and provide a copy of the list on request.          SECTION 2.  Subchapter C, Chapter 155, Occupations Code, is   amended by adding Section 155.1015 to read as follows:           Sec.   155.1015.     ISSUANCE OF PROVISIONAL LICENSE TO CERTAIN   FOREIGN MEDICAL PROGRAM GRADUATES WITH OFFERS OF EMPLOYMENT. (a)   On application, the board shall issue a provisional license to   practice medicine to an applicant who:                 (1)     has been granted a degree of doctor of medicine or   a substantially similar degree by a foreign program of medical   education determined to be in good standing in accordance with   board rule;                 (2)     is licensed in good standing to practice medicine   in another country;                 (3)  has:                       (A)     completed a residency or substantially   similar postgraduate medical training in the applicant's country of   licensure; or                       (B)     practiced as a medical professional   performing the duties of a physician in the applicant's country of   licensure for not less than two years;                 (4)  has proficiency in the English language;                 (5)     is authorized under federal law to work in the   United States;                 (6)     satisfies the examination requirements of Section   155.051; and                 (7)     has been offered employment in this state as a   physician by a person who provides health care services in the   normal course of business, including a health system, hospital,   hospital-based facility, freestanding emergency facility, or   urgent care clinic.           (b)     A provisional license issued under this section 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 under Subsection (c); or                 (2)     the third anniversary of the date the provisional   license was issued.           (c)     On application, the board shall issue a license under   this subtitle to the holder of a provisional license under this   section if the provisional license holder:                 (1)     will have practiced under the provisional license   for at least three years at the time the license will be issued; and                 (2)     satisfies any other requirement under board rule   for the issuance of a license under this subsection.          SECTION 3.  Not later than December 1, 2025, the Texas   Medical Board shall adopt rules as necessary to implement Sections   155.012, 155.013, and 155.1015, Occupations Code, as added by this   Act.          SECTION 4.  This Act takes effect September 1, 2025.