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 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 member8 of 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 phyeiciane (including phy8iCihn8 specialtyboard-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 Commisoioner from individual8 jointly recommended by the T9Xh8 State Department of 

Health and the Tt3Xh8 Optometric Association. 

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 "deliberation between a quorum of members of a governmental body at 

which any ublic bU8ine88. 

E--f-. 

. .iS di8CU88ed," and, h8 a 

reeult, are no meetings" a8 defined in the Open 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 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 coneidering information expressly made confidential 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