§ 155.104 — TEMPORARY LICENSES.

Texas § 155.104

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

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;
(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.

Legislative History

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 (S.B. 419 ), Sec. 1.25, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 792 (S.B. 1225 ), Sec. 1, eff. June 19, 2009. Acts 2013, 83rd Leg., R.S., Ch. 179 (H.B. 1844 ), Sec. 16, eff. September 1, 2013.