THE -.'ITORNEYGENERAL
OF TEXAS
The Honorable Lyndon Olson Opinion No. H- 953
Chairman
Higher Education Committee Re: Whether article 4501b,
House of Representatives V.T.C.S., prohibits Texas
State Capitol medical schools from
Austin, Texas 78701 requiring students who
have attended foreign
medical schools to
pass an examination
prior to admission.
Dear Chairman Olson:
The Higher Education Committee authorized its prior
chairman, Representative Fred Head, to ask our opinion on a
question involving the admission to Texas medical schools of
persons who have attended foreign medical schools. Specifically,
he informs us that
[plroblems have been encountered by Texas
residents who are students of foreign medical
schools in their attempt to return to Texas
to take one year of supervised clinical
training in a medical school in this State
in accordance with the provisions of Article
4501b, Sections 1 through 5. Primarily,
the problem seems to be one of interpretation
in that the Deans of the Texas Medical Schools
are requiring students transferring from
foreign medical schools to take Part I of
the National Board Examination prior to
acceptance for study in a Texas Medrcal School.
Representative Head also indicated that it was his intent
and anticipation and that of other legislators who played a
major role in the enactment of article 4501b that any
examination requirement would be after a year of clinical
training and not prior to admission.
P. 3979
- .
The Honorable Lyndon Olson - page 2 (H-953)
Accordingly, the Committee asks if, in light of article
4501b, Texas medical schools can require entering students
who have completed didactic work at foreign medical schools
to make a satisfactory score on an examination as a prerequisite
to admission to the Texas school.
Article 4501b, provides in relevant part:
Section 1. Notwithstanding any other
provision of law, an individual who has been
a student of a foreign medical school is
eligible for licensure to practice medicine
in this state if he has satisfied the following
requirements:
(1) has studied medicine in a medical school
located outside the United States which is
listed by the World Health Organization;
(2) has completed all of the didactic work of
the foreign medical school:
(3) has attained a score satisfactory --
to a
medicalschool in the Unlted States approved by
the Liaison Coattee on Medical Education on-
~ualifyingxaminati~ and has satisfactozly
completed one academrc eofsupervrsed cllnrcal
training for foreign medicalstudents as defined
by the American Medical Association Council on
zd=l Education under the drrection of
-- the-
medrcal school the United States;
(4) has attazed passing score on the
Educational Council for Foreign Medical Graduates
examination, or other examination, if required
by the State Board of Medical Examiners; and
(51 has passed the examination required by
the State Board of Medical Examiners of all
applicants for licensure.
Sec. 2. Satisfaction of the requirements of
Section 1 of this Act shall be in lieu of the
completion of any requirements of the foreign
medical school beyond completion of the
didactic work, and no other requirements shall
be a condition of licensure to practice medicine
in this state.
P. 3980
The Honorable Lyndon Olson Page 3 (H-953)
In construing a statute, the cardinal rule is to ascertain
and effectuate the intent of the Legislature. V.T.C.S. art.
lO(6). However, that intent is required to be found in the
language of the Act. Railroad Cotiission -of Texas v
2 Miller,
434 S.W.2d 670 (Tex. 1968).
Here the language of the Act relates to licensure to
practice medicine. We are unable to locate any provision
of the statute which governs the admission to Texas medical
schools. While the Legislature doubtless has authority to
legislate on the subject of medical school admission, and may
prohibit the employment of certain entrance requirements,
we cannot say that it has done so in article 4501b. Thus,
the requirement that a student from a foreign medical school
pass a particular examination as a prerequisite to admission
to a Texas medical school is not currently prohibited by
article 4501b.
SUMMARY
Article 4501b, V.T.C.S., relates to
licensure for the practice of medicine
and does not prohibit a Texas medical
school from imposing certain requirements
for admission of students who have attended
foreign medical schools. Such a prohibition
would have to be accomplished by additional
legislation.
Aery truly yours,
JOHN L. HILL
Attorney General of Texas
._
-PROVED:
Opinion Committee
jwb
P. 3981