| (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.
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| Source Note: The provisions of this §172.13 adopted to be effective June 29, 2006, 31 TexReg 5104; amended to be effective August 10, 2008, 33 TexReg 6135; amended to be effective January 20, 2014, 39 TexReg 279; amended to be effective July 12, 2020, 45 TexReg 4523 |
