THE -.'ITORNEYGENERAL 

OF TEXAS 

The Honorable Lyndon Olson 

Chairman 

Higher Education Committee 

House of Representatives 

State Capitol 

Austin, Texas 78701 

Opinion No. H- 953 

Re: Whether article 4501b, 

V.T.C.S., prohibits Texas 

medical schools from 

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 themedrcal 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 Miller, - 2 

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