{"id":"AGY-ST-HEALTH-BOARDS-046","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-19","instrument":"Emergency rule amending 22 TAC § 190.8(2)(U): Notice and Compliance Requirements Concerning COVID-19 Minimum Standards of Safe Practice (press release of Apr. 30, 2020 quoting the rule)","title":"TMB Adopts Emergency Rule Related to Gov. Abbott\u0027s Executive Order GA-19 (COVID-19 minimum standards of safe practice: masks, screening, N95 for aerosol-generating procedures, posted notice)","dateIssued":"2020-04-30","effective":"2020-05-01 at 12:00 a.m.","end":"Emergency rule under Tex. Gov\u0027t Code § 2001.034 (120 days from May 1, 2020, extendable 60 days); listed as in force on the Board\u0027s page captured July 3, 2020 (Ex. 050); its later readoption or lapse was not verified","startDate":"2020-05-01","endDate":"2020-09-30","quarters":["2020Q2","2020Q3"],"types":["HC","EMP","MASK"],"addressees":["all physicians providing in-person patient care","medical and health care practices, offices and facilities other than hospitals (posting requirement)"],"clause":"(U) Notice and Compliance Requirements Concerning COVID-19 Minimum Standards of Safe Practice (i) All physicians providing patient care or engaging in an in-person patient encounter, must implement the following minimum COVID-19 standards of safe practice. (I) a mask must be worn by both the patient and physician or the physician\u0027s delegate when in proximity of the patient (meaning less than a 6-foot distance between the patient and the physician or the physician\u0027s delegate); (II) follow policies the physician, medical and healthcare practice, or facility has in place regarding COVID-19 screening and testing and/or screening patients; (III) that, before any encounter, patients must be screened for potential symptoms of COVID-19 or verified previously screened within last 20 days; and (IV) that prior to care involving a medical procedure or surgery on the mucous membranes, including the respiratory tract, with a high risk of aerosol transmission, the minimum safety equipment used by a physician or physician\u0027s delegate should include N95 masks, or an equivalent protection from aerosolized particles, and face shields. (ii) All physicians providing patient care... other than hospitals as defined under Chapter 241 of the Texas Health \u0026 Safety Code, shall post a COVID-19 Minimum Standards of Safe Practice Notice (COVID-19 Notice)... in each public area and treatment room or area of the office, practice, or facility.","enforcement":"Failure to comply is unprofessional and dishonorable conduct under 22 TAC § 190.8(2)(U); license discipline under Tex. Occ. Code § 164.052","functions":["CL clinical intake and waiting room (universal masking; screening of every patient before every encounter)","PR procedures (N95 and face shields for aerosol-generating procedures)","IC infection control (posted notice; screening policies)","SC PPE","FD front desk (screening)","CB patients"],"notes":"The Board\u0027s own force-of-law operating standard for every physician office in Texas from May 1, 2020; a compelled modification of clinical intake and procedure functions; reaches Industries 01 and 02 and every employer with an in-house clinic","sourceUrl":"http://www.tmb.state.tx.us/dl/6765AAAE-C598-8E73-E59B-C27AA5AC19AA","snapshot":"https://web.archive.org/web/20200505041328/http://www.tmb.state.tx.us/dl/6765AAAE-C598-8E73-E59B-C27AA5AC19AA","fileExists":true,"fileBytes":150870,"grade":"primary","character":"","description":"","collection":"AGY-ST-HEALTH-BOARDS","url":"/library/AGY-ST-HEALTH-BOARDS-046","exhibitUrl":"/exhibit/AGY-ST-HEALTH-BOARDS-046","citation":"Texas Medical Board, Executive Committee, Emergency rule amending 22 TAC § 190.8(2)(U): Notice and Compliance Requirements Concerning COVID-19 Minimum Standards of Safe Practice (press release of Apr. 30, 2020 quoting the rule) (Ex. AGY-ST-HEALTH-BOARDS-046)","stateName":"Texas","related":["DUT-TX-013","AGY-ST-HEALTH-BOARDS-045","AGY-ST-HEALTH-BOARDS-044"]}