EXCEPTIONS TO EXAMINATION ATTEMPT LIMITS FOR CERTAIN OUT-OF-STATE APPLICANTS.

(a) In this section:

(1) "Active practice" means the practice of medicine by a person after successful completion of a residency, fellowship, or other supervised training program.

(2) "Full license" means a license to practice medicine that is not a training license, a permit, or any other form of authority to practice medicine issued to a person while the person is completing or enrolled in a residency, fellowship, or other supervised training program.

(b) This section applies only to an applicant who:

(1) has successfully completed a graduate medical education program approved by the board;

(2) holds a full license and is in good standing as a physician in another state or Canada;

(3) does not hold and has never held a medical license subject to any restriction, disciplinary order, or probation;

(4) is not and has never been the subject of a peer review that has resulted or may result in limitation, restriction, suspension, or other adverse impact on the applicant's hospital or other medical facility privileges; and

(5) is not under investigation by any licensing or law enforcement agency.

(c) An applicant described by Subsection (b) who has held a full license and been in active practice for at least one year but less than five years and has passed within three attempts all but one part of the examination approved by the board is considered to have satisfied the examination requirements of this chapter if the applicant passed the remaining part of the examination within:

(1) one additional attempt; or

(2) three additional attempts, if the applicant is specialty board certified by a specialty board that is:

(A) a member of the American Board of Medical Specialties; or

(B) approved by the American Osteopathic Association.

(d) An applicant described by Subsection (b) who has held a full license and been in active practice for at least five years is considered to have satisfied the examination requirements of this chapter regardless of the type of examination the applicant passed or the number of attempts within which the applicant passed the examination or any part of the examination.