## 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 toadmission.

Dear Chairman Olson:

The Higher Education Committee authorized its prior chairman, Representative Fred Head, toask our opinion on a question involving the admission toTexasmedical 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 toreturn to Texas to take one year of supervised clinical training in amedical school in this State in accordance with the provisions ofArticle 4501b, Sections 1through 5. Primarily, the problem seems tobe one of interpretation in that theDeans of theTexas Medical Schools
are requiring students transferring from foreign medical schools to take Part Iof the National Board Examination prior to acceptance for study inaTexas Medrcal School. Representative Head also indicated that itwas 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 ayear of clinical training and not prior toadmission.

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The Honorable Lyndon Olson -page 2 (H-953)

Accordingly, the Committee asks if, in light of article 4501b, Texasmedical schools can require entering students who have completed didactic work at foreign medical schools tomake a satisfactory score on an examination as aprerequisite to admission to theTexas school.
Article 4501b, provides inrelevant 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 topractice medicine in this state ifhe has satisfied the following requirements:
(1)has studied medicine inamedical school located outside theUnited States which is listedby theWorld Health Organization; (2)has completed all of the didactic work of the foreignmedical school: (3)has attained a score satisfactory to a -- medicalschool in the Unlted States approved by theLiaison Coattee onMedical Education on- ~ualifyingxaminati~ andhas satisfactozly completed one academrc eofsupervrsed cllnrcal training for foreign medicalstudents as defined by theAmerican Medical Association Council on zd=l Education under thedrrection 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 ofMedical Examiners; and (51has passed the examination required by the State Board ofMedical Examiners of all applicants for licensure.

Sec. 2. Satisfaction of the requirements of Section 1of thisAct 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 topractice medicine in this state.

P. 3980The 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 tobe found in the language of theAct. Railroad Cotiission of Texas v Miller, - 2 434 S.W.2d 670 (Tex. 1968).

Here the language of theAct 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 ofmedical school admission, andmay prohibit the employment of certain entrance requirements,
we cannot say that ithas done so inarticle 4501b. Thus, the requirement that a student from a foreign medical school pass aparticular examination as aprerequisite to admission toaTexas medical school isnot currently prohibited by article 4501b.

SUMMARY

Article 4501b, V.T.C.S., relates to licensure for the practice ofmedicine and does not prohibit aTexas medical school from imposing certain requirements for admission of students who have attended foreign medical schools. Such aprohibition would have tobe accomplished by additional legislation.
Aery truly yours,

JOHN L. HILL Attorney General of Texas

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Opinion Committee jwb

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