February13. 1976

The Honorable **Fratis** L.Duff Director, Texas Department 

### of Health Resource8 1100 Went 49th Street Austin, Texan 78756 Opinion No. Ii- 780
Application of the & **Meetings** Act to the Medical Advi8ory Board cr8ated by article **6667b, V.T.C.S.** 

**Dear** Doctor 

### Duff:

You have regue~rted**our** opinion regarding the applicability 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 2lAof article 6687b, V.T.C.S., ir to adviw the T8xa8 Department of Public Safety a8 to themedical condition of persona making applicstion for a driver'8 **licenre.** The **8tatute** e8tablishing the

### Board provide8:

**Sec. 21A.**  **(a) No** **member**

### ofzany

Medical **Advirory Board**  8erving and advi8ing theDepartment and all

### other pereonr making examination8 for

### or on recommendetion 

### bf the

### member8 of the 

### Board **8hall** be held liable 

### for their opinion8 8nd recommendation8. (b) Report8 received 

### ormade by any euch Board, or it8

### mmber8, for the purpo8e 

### ofdetermining themedical 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.3292The Honorable Fratie L. Duff -page 2 (H-780)

any person 

### or U8ed h8 evidence in any trial except that **the** report8 may be admitted inproceeding8 under Section 22 and Section 31, and any pereon conducting
an examination pursuant to the requeet of the Boardmay be compelled to teetify concerning hi8 **Ob89rVhtiOn8** and finding8 in such proceedings. (c) The Medical Advieory Board ahall be compri8ed of licensed phyeiciane (including phy8iCihn8 specialtyboard-qualified in internal medicine, p8ychihtry, neurology, phyeical medicine, and ophthalmology) appointed by the State Health Conanieeionerfrom individual8 jointly recommended by the Tax&8 State Department of Health and the T9Xh8 Medical Society, and optometrist8 appointed **by** the State Health Commisoioner from individual8 jointly recommended by the T9Xh8 State Department of Health and the Tt3Xh8Optometric Association.
Any three (3)member8 can act on any case orquestion submitted by the ~TexasDepartment of Public 

### Safety.

The Open Meetings **Act** is applicable to

any deliberation between aquorum of member8 of 8 governmental body atwhich any public businers orpublic policy
over which the governmental body has supervision or control.ie di8CU889d or coneidered, or atwhich any 

### formal action **ie taken.**  V.T.C.S. art. 6252-17, s la.

p.3293The Honor8ble Frati8 L. Duff -page 3 (H-780)

It ieapparent that, during any portion of ameeting in which the Board is considering "reports. . .received **for** the purpose of determining themedical condition of an applicant," the Board muat meet in closed se88ion, since these report8 are expreeely made confidential by section **21A of**  article 6687b. Suchproceeding8 therefore do not involve "deliberation between aquorum ofmembers 

### of a governmental body at which any ublic bU8ine88.

E--f-. . .iSdi8CU88ed," and, h8 a reeult, are no meetings" a8 defined in theOpen Meeting8 Act. Attorney General Opinion H-223 (1974). See al80 Attorney General Opinion H-404 (1974). -m

As to those portion8 of the Board'8 meeting8 atwhich matter8 other than those made confidential by etatute are di8cussed, the applicability 

### of theOpen Meeting8 Act depend8 upon whether the 

### Boardexercise8 supervision or control, either actual or implied, over public bUSine88 or policy. Attorney General Opinion H-772 (1976). Itwould appear that the Board iemerely 8n advieory body lacking any supervisory control over public bU8in988. If 80, theOpen Meeting8 **Act** isnot applicable to it8 proceedinga. If, on the Other hand, the Board doe8 

### exercise suchauthority, itmust comply with the requirement8 

### of the Open Meeting8 Act.

SUMMARY
While theMedical Advisory Board isconeidering information expressly made confidential by 8tatute, it i8not subject to the provision8 of theOpen Meeting8 Act. During the Board'8 consideration of other matters, it i8 8Ubject to the Act only if it isexercieing supervision
or control over public bU8ine88 orpolicy. firy truly your8,

**Attorney** General 

### of Texas

p.3294The Honorable Fratir L. Duff -page 4 (H-780)

APPROVED:

h

Opinion Comnittee

p.3295