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- Withdrawn effective May 1, 2020 at 12:00 a.m., when the GA-19 emergency rule took effect (Ex. 046) (read as 2020-05-01)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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- 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 notePress release quoting the adopted rule text in full.