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New law impacts medical licensure in Texas

The pool of candidates to take on positions as physicians in Texas is about to change. Lawmakers in Texas have chosen to join more than a dozen other states throughout the country in allowing physicians who have trained in foreign countries to waive a requirement to complete an additional residency before they can practice medicine in the United States. This eases the pathway to practice in Texas for physicians who have completed medical school and residency in a foreign country. The move is aimed to address the state’s shortage of physicians, increasing the likelihood that the Lonestar State will be able to bring in medical professionals to help meet patient needs. 

What is this new law?

The intention behind the law, House Bill 2038 the Decreasing Occupational Certification Timelines, Obstacles, and Regulations (DOCTOR) Act, is not to bring physicians in from other countries but instead to encourage physicians who are already in the United States that trained in other countries to consider moving to Texas. Instead of completing an additional residency program, the law allows for a physician to begin practicing in Texas under the supervision of a licensed physician. This allows for a provisional licensure for four years, after which they may be eligible for an unrestricted medical license.

President of the Texas Medical Board, Dr. Sherif Zaafran, has also stated that the law could actually open up slots in residency programs for training physicians as they will no longer need to compete with foreign medical graduates. 

Who qualifies for a provisional medical license?

The law requires a candidate meet the following requirements:

  • Five years of experience working as a licensed doctor before coming to the United States
  • Proficiency in the English language
  • Good standing to practice
  • No history of disciplinary action
  • Pass specific portions of U.S. licensing exam
  • Has an offer of employment in Texas from a health system, hospital, hospital-based facility, freestanding emergency facility, or urgent care clinic 

The Texas Medical Board is working to ensure these practitioners have support and that the law does not result in the creation of “second-tier” medical practitioners. 

The update is a reminder to keep current on changes in the state that impact medical licensure. Those who are working through the application process can benefit from counsel to help better ensure everything is in order and mitigate the risk of any delays. 

Attorney John Rivas is responsible for this communication.