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Ex. AGY-ST-HEALTH-BOARDS-045 Order Primary source read

Emergency rule amending 22 TAC § 190.8(2)(U) to enforce Executive Order GA-15 (press release of Apr. 21, 2020 quoting the rule)

TMB Adopts Emergency Rule to Enforce Gov. Abbott's Executive Order GA-15 (continued postponement of surgeries and procedures not medically necessary)

Texas Medical Board, Executive Committee · Texas Medical Board; State level (Sector regulator)

The COVID Project

The record

Jurisdiction
Texas Medical Board; State level · Texas
Level
Sector regulator
Authority
Tex. Occ. Code § 153.001; Tex. Gov't Code § 2001.034; Executive Order GA-15
Issued
2020-04-21 Apr. 21, 2020
Effective
2020-04-21 at 11:59 p.m. (read as 2020-04-21)
End
Withdrawn effective May 1, 2020 at 12:00 a.m., when the GA-19 emergency rule took effect (Ex. 046) (read as 2020-05-01)
In force
Apr. 21, 2020 to May 1, 2020
Quarters
2020 Q2
Limitation types
Business closureHealth care orders
Addressees
  • all Texas-licensed physicians
  • licensed health care facilities
Functions reached
  • PR procedures and elective visits (postponement Apr. 22-30, 2020 enforced through the medical license)
  • SX surgery
  • CL clinical intake
  • SC PPE (certification not to request public PPE)
  • CB patients
Collection
State health licensing boards AGY-ST-HEALTH-BOARDS

Operative words

The adopted rule amends 22 TAC Chapter 190.8 Violation Guidelines, and adds to the definition of 'Unprofessional and Dishonorable Conduct' under 22 TAC §190.8(2)(U).... (U) a violation of Texas Executive Order GA-15, issued April 17, 2020, which states: 'All licensed health care professionals and all licensed health care facilities shall postpone all surgeries and procedures that are not medically necessary to diagnose or correct a serious medical condition of, or to preserve the life of, a patient who without timely performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, as determined by the patient's physician; provided, however, that this prohibition shall not apply to either of the following: (i) any procedure that, if performed in accordance with the commonly accepted standard of clinical practice, would not deplete the hospital capacity or the personal protective equipment needed to cope with the COVID-19 disaster; or (ii) any surgery or procedure performed in a licensed health care facility that has certified in writing to the Texas Health and Human Services Commission both: (1) that it will reserve at least 25% of its hospital capacity for treatment of COVID-19 patients...; and (2) that it will not request any personal protective equipment from any public source... for the duration of the COVID-19 disaster.'

Enforcement

Violation of GA-15 is unprofessional and dishonorable conduct under 22 TAC § 190.8(2)(U); license discipline under Tex. Occ. Code § 164.052; GA-15 itself carried Tex. Gov't Code § 418.173 penalties

Notes

Reaches physician practices, ambulatory surgery centers and hospitals (Industries 01 and 02);

Retrieval note

Press release quoting the adopted rule text in full.