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