The Texas Medical Board (Board) adopts on an emergency basis the emergency amendment to 22 TAC §190.8(2)(U) for purposes of the COVID-19 disaster declaration. The amendment is being made as a result of Executive Order GA-19 and adds a definition of "Unprofessional and Dishonorable Conduct" under 22 TAC §190.8(2)(U).

The amended rule is adopted on an emergency basis due to the imminent peril to the public health, safety and welfare caused by potential unnecessary exposure of both patients and health care professionals in undertaking and performing health care during the COVID-19 pandemic.

The amended definition of unprofessional and dishonorable conduct is applicable only for purposes of the COVID-19 disaster declaration and Executive Order GA-19 and shall remain effective unless Executive Order GA-19 is terminated, modified, or extended by the Governor.

The emergency rule amendment is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce this subtitle.

In addition, the emergency rule amendment is adopted on an emergency basis pursuant to Texas Government Code §2001.034, which authorizes the adoption of a rule on an emergency basis without prior notice and comment based upon a determination of imminent peril to the public health, safety or welfare.

Other statutes affected by this rule are Chapters 151 and 164 of the Texas Occupations Code.