REPORT OF BOARD OF TRUSTEES
BOT Report 16-A-06
Subject: Retired Physician Licensure
Presented by: William W. Hinchey, MD, Chair
Referred to: Reference Committee on Financial and Organizational Affairs
Resolution 3-I-04, License for Retired Physicians, was referred to the Board of Trustees. It called on TMA to support an amendment to the Medical Practice Act that would exempt retired physicians from all licensure fees, save a small administrative fee, and permit a retired physician to retain his or her full active license as long as the retired physician does not derive income from the practice of medicine. The resolution further called for TMA to support changes in the law to allow retired physicians to return to active practice and permit such physicians to derive income from the practice of medicine. The resolution provided that the only threshold requirement for a return to active practice should be proof that the physician is free from any health impediments and has maintained continuing medical education.
At the request of the Board of Trustees, a workgroup reviewed and discussed TMA policy, proposed legislation, current law, a study on the relationship of clinical experience and the quality of health care, licensure laws in other states, AMA activities, Federation of State Medical Boards information, and the licensure fees imposed on other retired professionals. The workgroup discussed the resolution provision regarding a return to active practice. In contrast to one of the proposed legislative efforts, which provides for a simple fee exemption for physicians over 70, the "return to practice" directive in the resolution is complex and offers opponents arguments with which to defeat such an effort. The workgroup believed that a simple approach is most likely to succeed politically and yet still achieve the main objectives of the "return to practice" directive.
In formulating its recommendation, the workgroup notably discovered that attorneys licensed in Texas are exempt from licensure fees and continuing legal education requirements upon reaching the age of 70.
Recommendation 1 : That the Texas Medical Association support legislation that upon reaching 70 years of age an active licensed physician shall be exempt from all licensing fees, surcharges, and other costs associated with maintaining active licensure.
Recommendation 2 : Reaffirmation of House of Delegates Policy 245.007, Retired Physician Restrictions.
245.007 Retired Physician Restrictions : The Texas Medical Association favors a change to the Texas State Board of Medical Examiners rule prohibiting retired physicians from providing medical care so that retired physicians who provide medical care without compensation of any type, including care provided at voluntary charity clinics, are allowed the same rights and privileges as physicians paying the TSBME registration fee (Resolution 29K, p 150, A-98).
TMA House of Delegates: TexMed 2006