• The rules amend the definition of “continuing threat to the public welfare” to include actions prohibited by Executive Order GA-09 relating to “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.’” Now, the performance of a non-urgent elective procedure, as described in and in violation of Executive Order GA-09, is deemed a continuing threat to the public welfare.

• The TMB also amended the peer review and hospital reporting rule to require immediate reporting, as opposed to reporting after the peer review process. The TMB expects such amendments to minimize delays in reporting and allow the TMB to more immediately utilize the disciplinary authority granted by Section 164.059 of the Texas Occupations Code.

• The TMB advised that elective surgeries or procedures can still occur if: (1) 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; or (2) if performed in accordance with the commonly accepted standard of clinical practice, the non-urgent elective surgery or procedure would not deplete the hospital capacity or the personal protective equipment needed to cope with the COVID- 19 disaster.

• “Elective, non-urgent” cases are “cases where there is no anticipated short-term nor long-term negative impact because of delaying a procedure or surgery. Examples are screening for a chronic condition or most cosmetic procedures.”

• “Urgent or Elective Urgent” procedures are scheduled procedures “where there is a risk of patient deterioration or disease progression likely to occur if the procedure is not undertaken or is significantly delayed. The resulting decline in their health could make them more vulnerable to COVID-19 and other issues.”

• The TMB defined “Emergent” as “a life-threatening condition if not undertaken or that cannot be safely delayed for any significant period of time.”