Current through Reg. 49, No. 38; September 20, 2024
(a) Pursuant to the
authority of §
155.006, Texas
Occupations Code, the board may issue a limited license to an applicant
licensed or educated in another state, territory, Canadian province or country
conceded eminence and authority in the applicant's specialty.
(b) "Conceded eminence and authority in the
applicant's specialty," as used in this section, shall mean that the physician
has achieved a high level of academic or professional recognition, domestically
or internationally, for excellence in research, teaching, or the practice of
medicine within the applicant's specialty.
(c) In determining whether an applicant has
recognized conceded eminence and authority in the applicant's specialty, the
Board shall consider whether:
(1) the
applicant has been the recipient of professional honors and awards, and
professional recognition in the international or domestic medical community,
for achievements, contributions, or advancements in the field of medicine, or
medical research as evidenced by objective factors, including, but not limited
to:
(A) publications in recognized
scientific, medical, or medical research journals, including American peer
review journals;
(B) being the
recipient or nominee for international or national awards for distinguished
contributions to the advancement of medicine or medical research;
(C) acknowledgement of expertise from
recognized American authorities in the applicant's field of medical specialty;
and
(D) other professional
accomplishments as determined meritorious in the discretion of the
Board;
(2) the
recommending institution is unable to recruit, after good faith effort, a
physician with the same sub-specialty who is: either already licensed in Texas
or is eligible for an unrestricted license in Texas; and
(3) other full licensure options are
available to the applicant.
(d) An applicant must complete an application
and present satisfactory proof to the board that the applicant:
(1) is a graduate of:
(A) a medical school which is recognized or
accredited by the Liaison Committee on Medical Education (LCME) of the
Association of American Medical Colleges, Royal College of Physicians in Canada
or the American Osteopathic Association (AOA); or
(B) a foreign medical school and
(i) holds a valid medical license or
registration certificate issued by a state or territory in the United States or
a valid foreign medical license or registration certificate issued by another
country or Canadian province on the basis of a foreign examination, and has
practiced medicine for at least 10 years, 5 years of which occurred immediately
preceding the date applications is made to the Board; or
(ii) held a valid foreign medical license or
certificate at the time of coming to the United States and has since
continuously worked under a Faculty Temporary License; and
(2) is recommended to the board by
the dean, president, or chief academic officer of:
(A) a school of medicine in this state
accredited by the LCME or AOA;
(B)
The University of Texas Health Science 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, that exceeds the requirements for eligibility for
first board certification in the discipline; and
(3) is expected to receive an appointment at
the institution or program making the recommendation under paragraph (2) of
this subsection; and
(4) has
demonstrated conceded eminence and authority in a medical specialty identified
in the application.
(e)
Examination Requirements. An applicant must submit evidence that the applicant:
(1) has passed the Texas Medical
Jurisprudence Examination; and
(2)
has passed an examination that is:
(A)
accepted by the board for licensure as defined in §
163.6(a)
of this title, (relating to Examinations Accepted for Licensure) and has not
exceeded the number of failed attempts allowed for a licensing exam as provided
by §
163.6(b)
of this title; or
(B) accepted for
physician licensure in another state, territory, Canadian province, or country;
or
(C) accepted for specialty board
certification by:
(i) the American Board of
Medical Specialties; or
(ii) the
American Osteopathic Association.
(f) Additional requirements and documentation
for Conceded Eminence License. An applicant:
(1) must submit 3 letters of recommendation
from Texas-licensed physicians who practice in the same specialty area as the
applicant and who shall attest to the candidate's conceded eminence
qualifications, character, and ethical behavior;
(2) must submit 5 letters from renowned
specialists in the applicant's discipline who attest to the applicant's
eminence and qualifications;
(3)
has successfully completed at least one year of approved subspecialty training
accredited by the Accreditation Council for Graduate Medical Education (ACGME)
or the American Osteopathic Association (or has completed a substantially
equivalent program that has since received ACGME accreditation);
(4) has not been convicted of, or placed on
deferred adjudication, community supervision, or deferred disposition for a
felony, a misdemeanor connected with the practice of medicine, or a misdemeanor
involving moral turpitude;
(5) has
not been the subject of disciplinary action related to the practice of medicine
by any other state; the uniformed services of the United States; the
applicant's peers in a local, regional, state, or national professional medical
association or staff of a hospital; or a territory, Canadian province, or other
country in which the applicant holds or has held a medical license or
registration certificate;
(6) is of
good professional character, as defined by §
163.1(a)(8)
of this title (relating to Definitions); and
(7) has read and will abide by board rules
and the Medical Practice Act.
(g) Supervision. The Board may require an
applicant to submit:
(1) the name of a
Texas-licensed physician, in good standing, who will supervise the medical
services provided by the applicant for the first 6 months of practice;
and
(2) a detailed description of
the medical services, duties, and responsibilities that the applicant will
perform.
(h) Applicants
with complete applications may qualify for a Temporary License prior to being
considered by the board for licensure, as required by §
172.11
of this title (relating to Temporary Licensure--Regular).
(i) The holder of a conceded eminence license
shall be limited to the practice of only a specialty of medicine for which the
license holder has conceded eminence and authority, as identified in the
application. The license holder may only practice medicine within the setting
of the institution or program that recommended the license holder under
subsection (d)(3) of this section, including a setting that is part of the
institution or program by contractual arrangement.
(j) If the holder of a conceded eminence
license terminates the relationship with the institution or program that
recommended the license holder under subsection (d)(3) of this section, the
conceded eminence license shall be considered automatically canceled. To
practice medicine in Texas, the license holder must:
(1) file a new application with the
recommendation of a new institution or program, as required by subsection
(d)(3) of this section; or
(2) file
an application for another Texas medical license or permit.
(k) The holder of a conceded
eminence license shall be required to pay the same fees and meet all other
procedural requirements for issuance and renewal of the license as a person
holding a full Texas medical license.
(l) The holder of a conceded eminence license
shall be subject to disciplinary action under the Medical Practice Act and
board rules.
