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Case 1:20-cv-00323-LY Document 67-3 Filed 04/13/20 Page 1 of 3
Texas Register 

TITLE 22 EXAMINING BOARDS 

PART 9 TEXAS MEDICAL BOARD 

CHAPTER 187 PROCEDURAL RULES 

SUBCHAPTER F TEMPORARY SUSPENSION AND RESTRICTION PROCEEDINGS 

RULE § 187.57 Charge of the Disciplinary Panel 

ISSUE 04/03/2020 

ACTION Emergency 

Preamble Texas Admin Code 

Rule 

(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 surgyLprocedure, 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 disciplinary panel. 

.(1)EQtpjirposes of this rule all licensed health care professionals shall ppone all surgeries and procedures 

that are not immediately medically necessary to correct a serious medical condition of, or to preserve the life of, 

&patient who without immediate performance of the surgry_r..procedure would be at risk for serious adverse 

medical consequences or death, as determined byjbpatient's physician. 

(Z)Provided, however, that this prohibition shall not apply to any_procedure that,jtperformed in accordance 

with the commonly accepted standard of clinical practice, would not deplete the hospital capjy 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 22.01 l(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 

Case 1:20-cv-00323-LY Document 67-3 Filed 04/13/20 Page 2 of 3
TRD-202001217 

Scott Freshour 

General Counsel 

Texas Medical Board 

Effective date: March 23, 2020 

Expiration date: July 20, 2020 

For further information, please call: (512) 305-7016 

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