{"id":"AGY-ST-HEALTH-BOARDS-045","kind":"order","level":"sector-regulator","jurisdiction":"Texas Medical Board; State level","state":"TX","metro":"","industry":"","agency":"ST-HEALTH-BOARDS","eco":"","issuer":"Texas Medical Board, Executive Committee","authority":"Tex. Occ. Code § 153.001; Tex. Gov\u0027t Code § 2001.034; Executive Order GA-15","instrument":"Emergency rule amending 22 TAC § 190.8(2)(U) to enforce Executive Order GA-15 (press release of Apr. 21, 2020 quoting the rule)","title":"TMB Adopts Emergency Rule to Enforce Gov. Abbott\u0027s Executive Order GA-15 (continued postponement of surgeries and procedures not medically necessary)","dateIssued":"2020-04-21","effective":"2020-04-21 at 11:59 p.m.","end":"Withdrawn effective May 1, 2020 at 12:00 a.m., when the GA-19 emergency rule took effect (Ex. 046)","startDate":"2020-04-21","endDate":"2020-05-01","quarters":["2020Q2"],"types":["HC","CLOSE"],"addressees":["all Texas-licensed physicians","licensed health care facilities"],"clause":"The adopted rule amends 22 TAC Chapter 190.8 Violation Guidelines, and adds to the definition of \u0027Unprofessional and Dishonorable Conduct\u0027 under 22 TAC §190.8(2)(U).... (U) a violation of Texas Executive Order GA-15, issued April 17, 2020, which states: \u0027All 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\u0027s 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.\u0027","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\u0027t Code § 418.173 penalties","functions":["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"],"notes":"Reaches physician practices, ambulatory surgery centers and hospitals (Industries 01 and 02);","sourceUrl":"http://www.tmb.state.tx.us/dl/E9A13965-D2DA-9492-805E-AA7FA6F8FBBB","snapshot":"https://web.archive.org/web/20200501082857/http://www.tmb.state.tx.us/dl/E9A13965-D2DA-9492-805E-AA7FA6F8FBBB","fileExists":true,"fileBytes":139706,"grade":"primary","character":"","description":"","collection":"AGY-ST-HEALTH-BOARDS","url":"/library/AGY-ST-HEALTH-BOARDS-045","exhibitUrl":"/exhibit/AGY-ST-HEALTH-BOARDS-045","citation":"Texas Medical Board, Executive Committee, Emergency rule amending 22 TAC § 190.8(2)(U) to enforce Executive Order GA-15 (press release of Apr. 21, 2020 quoting the rule) (Ex. AGY-ST-HEALTH-BOARDS-045)","stateName":"Texas","related":["AGY-ST-HEALTH-BOARDS-046","AGY-ST-HEALTH-BOARDS-044"]}