(a)The disciplinary panel shall determine from the
evidence or information presented to it whether a person's continuation
in practice constitutes a continuing threat to the public welfare.
(b)If the disciplinary panel determines that a person's
continuation in practice would constitute a continuing threat to the
public welfare, the disciplinary panel shall temporarily suspend or
restrict the license of that person.
(c)In accordance with the Act, §151.002(a)(2),
"continuing threat to the public welfare," means a real danger to
the health of a physician's patients or the public caused through
the physician's lack of competence, impaired status, performance
of a non-urgent elective surgery or procedure, or failure to
care adequately for the physician's patients. A real danger exists
if patients have an exposure to or risk of injury that is not merely
abstract, hypothetical or remote and is based on actual actions or
inactions of the physician. Information that the physician has committed
similar actions or inactions in the past shall be considered by the
(1)For purposes of this rule all
licensed health care professionals shall postpone all surgeries and
procedures that are not immediately medically necessary to correct
a serious medical condition of, or to preserve the life of, a patient
who without immediate performance of the surgery or procedure would
be at risk for serious adverse medical consequences or death, as determined
by the patient's physician.
(2)Provided, however, that this prohibition
shall not apply to 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.
(d)The disciplinary panel may also temporarily restrict
or suspend a license of a person upon proof that a person has been
arrested for an offense under:
(1)Section 22.011(a)(2), Penal Code (sexual assault
of a child);
(2)Section 22.021(a)(1)(B), Penal Code (aggravated
sexual assault of a child);
(3)Section 21.02, Penal Code (continuous sexual abuse
of a young child or children); or
(4)Section 21.11, Penal Code (indecency with a child).
The agency certifies that legal counsel has
reviewed the emergency adoption and found it to be within the state
agency's legal authority to adopt.
Filed with the Office
of the Secretary of State on March 23, 2020
Texas Medical Board
Effective date: March 23, 2020
Expiration date: July 20, 2020
For further information, please call: (512) 305-7016