Untitled Texas Attorney General Opinion

February13. 1976 The Honorable Fratis L. Duff Opinion No. Ii-780 Director, Texas Department of Health Resource8 Application of the 1100 Went 49th Street & Meetings Act to the Austin, Texan 78756 Medical Advi8ory Board cr8ated by article 6667b, V.T.C.S. Dear Doctor Duff: You have regue~rted our opinion regarding the applicabil- ity of the Open Meeting8 Aot, article 6252-17, V.T.C.S., to the Uedical Advi8ory Board. The principal function of the Board, which ie created by rection 2lA of article 6687b, V.T.C.S., ir to adviw the T8xa8 Department of Public Safety a8 to the medical condition of persona making applicstion for a driver'8 licenre. The 8tatute e8tablishing the Board provide8: Sec. 21A. (a) No member of zany Medical Advirory Board 8erving and advi8ing the Department and all other pereonr making examination8 for or on recommendetion bf the member8of the Board 8hall be held liable for their opinion8 8nd recommendation8. (b) Report8 received or made by any euch Board, or it8 mmber8, for the purpo8e of determining the medical condition of an applicant are for the confidenti&l ~86 of the Board or the Department and a8 8uch are privileged information md may not be divulged to p. 3292 The Honorable Fratie L. Duff - page 2 (H-780) any person or U8ed h8 evidence in any trial except that the report8 may be admitted in proceeding8 under Section 22 and Section 31, and any pereon conducting an examination pursuant to the requeet of the Board may be compelled to teetify concerning hi8 Ob89rVhtiOn8 and finding8 in such proceedings. (c) The Medical Advieory Board ahall be compri8ed of licensed phyei- ciane (including phy8iCihn8 specialty- board-qualified in internal medicine, p8ychihtry, neurology, phyeical medicine, and ophthalmology) appointed by the State Health Conanieeioner from individual8 jointly recommended by the Tax&8 State Department of Health and the T9Xh8 Medical Society, and optometrist8 appointed by the State Health Commis- oioner from individual8 jointly recom- mended by the T9Xh8 State Department of Health and the Tt3Xh8 Optometric Associ- ation. Any three (3) member8 can act on any case or question submitted by the ~Texas Department of Public Safety. The Open Meetings Act is applicable to any deliberation between a quorum of member8 of 8 governmental body at which any public businers or public policy over which the governmental body has supervision or control.ie di8CU889d or coneidered, or at which any formal action ie taken. V.T.C.S. art. 6252-17, s la. p. 3293 The Honor8ble Frati8 L. Duff - page 3 (H-780) It ie apparent that, during any portion of a meeting in which the Board is considering "reports. . .received for the purpose of determining the medical condition of an applicant," the Board muat meet in closed se88ion, since these report8 are expreeely made confidential by section 21A of article 6687b. Such proceeding8 therefore do not involve "deliber- ation between a quorum of members of a governmental body at which any ublic bU8ine88. . .iS di8CU88ed," and, h8 a reeult, are no E--f-. meetings" a8 defined in the Open Meeting8 Act. Attorney General Opinion H-223 (1974). -m See al80 Attorney General Opinion H-404 (1974). As to those portion8 of the Board'8 meeting8 at which matter8 other than those made confidential by etatute are di8cussed, the applicability of the Open Meeting8 Act depend8 upon whether the Board exercise8 supervision or control, either actual or implied, over public bUSine88 or policy. Attorney General Opinion H-772 (1976). It would appear that the Board ie merely 8n advieory body lacking any supervisory control over public bU8in988. If 80, the Open Meeting8 Act is not applicable to it8 proceedinga. If, on the Other hand, the Board doe8 exercise such authority, it must comply with the requirement8 of the Open Meeting8 Act. SUMMARY While the Medical Advisory Board is con- eidering information expressly made con- fidential by 8tatute, it i8 not subject to the provision8 of the Open Meeting8 Act. During the Board'8 consideration of other matters, it i8 8Ubject to the Act only if it is exercieing supervision or control over public bU8ine88 or policy. firy truly your8, Attorney General of Texas p. 3294 The Honorable Fratir L. Duff - page 4 (H-780) APPROVED: h Opinion Comnittee p. 3295