Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 14 - SCHOOL BUS SAFETY STANDARDS › Subchapter B - SCHOOL BUS DRIVER QUALIFICATIONS › Section 14.13 - Request for Special Consideration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided in subsection (c) of this section, any person disqualified
				  on the basis of the medical examination may request special consideration from
				  the director, or designee, for a waiver of medical disqualification in
				  accordance with the following procedure:
(1)
				  The form, Texas Medical Advisory Board Release Authorization for School Bus
				  Drivers (see the figure in this paragraph), must be properly completed and
				  signed by both the person applying for the waiver (applicant) and each
				  examining physician that provides medical records and/or a medical opinion
				  referring to the applicant, and must accompany each request for special
				  consideration.
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(2) In
				  requesting special consideration, the applicant must submit in writing to the
				  director or designee clear and convincing evidence supporting that his or her
				  functions are not impaired to such an extent as to reduce the applicant's
				  physical and mental capabilities to safely operate a school bus, school
				  activity bus, or multifunction school activity bus; or endanger the safety and
				  welfare of school children. The director or designee may require the applicant
				  to submit additional supporting evidence or other related
				  information.
(3) The following
				  documents must be delivered to the department for each waiver request:
(A) A written request for Special
				  Consideration;
(B) Medical
				  Examination Report for Commercial Driver Fitness Determination, as specified in
				  §
												14.12 of
				  this title (relating to Medical Qualifications);
(C) Texas Medical Advisory Board Release
				  Authorization; provide one copy for each physician that submits a medical
				  opinion and/or medical records referring to the applicant;
(D) Letter from the prospective employer;
				  and
(E) Letter(s) containing
				  medical opinion(s) and/or medical records from any examining physicians that
				  applicant requests the Medical Advisory Board to review.
(4) The director or designee shall forward
				  the Request for Special Consideration, along with all submitted supporting
				  evidence/documentation submitted by the applicant, to the Medical Advisory
				  Board for official review and recommendation/opinion.
(5) Following receipt of the recommendation
				  of the Medical Advisory Board, the director or designee shall review the
				  findings and recommendation and may grant or deny the applicant's request for
				  special consideration. In no event will the director or designee grant a
				  request for special consideration in the absence of a report or statement from
				  the Medical Advisory Board indicating approval.
(6) The Department may impose appropriate
				  restrictions on the license of the applicant as authorized in Texas
				  Transportation Code, §
											521.221.