1. (a) Purpose. The purpose of this section is to establish the requirements governing the operation and administration of the Medical Standards on Motor Vehicle Operations Division and the Medical Advisory Board.

2. (b) Definitions. The following words and terms when used in this section, shall have the following meanings, unless the text clearly indicates otherwise.

   1. (1) Board--The Medical Advisory Board (MAB) is the body of physicians and optometrists established under authority of Texas Civil Statutes, Article 6687b, to advise the Texas Department of Public Safety regarding the driving capability of persons with medical limitations.
   2. (2) Medical Standards on Motor Vehicle Operations (MSMVO) Division--A division of the Texas Department of Health which is responsible for administering board activities.
   3. (3) TDH--The Texas Department of Health.
   4. (4) DPS--The Texas Department of Public Safety.
   5. (5) Commissioner--The commissioner of health.
   6. (6) Current medical information--The medical information from a licensed practitioner or a licensed medical facility which is less than six months old. Medical information which is more than six months old is acceptable if the examiner clearly shows the condition is cured and no further treatment is recommended.
   7. (7) Quorum--Three members are required to be present to meet and conduct board duties.
   8. (8) Examining physician--A person who is licensed by the Texas Board of Medical Examiners to practice medicine in the State of Texas or who is licensed by the state in which he/she resides and who furnishes medical information to the board concerning a driver license applicant.
   9. (9) Board member--A physician or optometrist appointed by the commissioner to make medical recommendations to DPS regarding an applicant's ability to drive.
   10. (10) Board review--The process involved in determining a recommendation regarding an applicant's ability to drive safely.
   11. (11) Case--All records obtained by TDH on an individual driver license applicant and assigned a unique number by MSMVO Division staff.
   12. (12) Opinion--A formal written recommendation by the board to DPS regarding an applicant's ability to drive safely.
   13. (13) Approval--A board recommendation to DPS to approve the license requested.
   14. (14) Denial--A board recommendation to DPS to deny the license requested.
   15. (15) Applicant--An individual referred by DPS to the board for medical review.
   16. (16) Minutes--The minutes of a board meeting, which consist of the computer opinion summary printout and the individual opinion sheets.
   17. (17) Counselor--A trained worker in a licensed medical facility working under the supervision of a medical doctor.
   18. (18) Psychologist--A person trained in psychology and licensed by the state in which he/she lives to offer counseling to the general public.
   19. (19) Optometrist--A person who is licensed by the Texas Optometry Board to practice optometry in the State of Texas or who is licensed by the state in which he or she resides.
   20. (20) Chiropractor--A person who is licensed by the Texas Board of Chiropractic Examiners to practice in the State of Texas or who is licensed by the state in which he or she resides.

3. (c) Appointment and terms of office.

   1. (1) The present board is divided into four groups: Group 1's term of office will expire January 1, 1990; Group 2's term will expire July 1, 1990; Group 3's term will expire January 1, 1991; and Group 4's term will expire July 1, 1991.
   2. (2) Upon the expiration of the term of office for each group as described in paragraph (1) of this subsection, the commissioner will appoint the new group for a term of two years. When a vacancy occurs on the board, the commissioner will appoint a new member for a two-year term. The commissioner may appoint an existing member to serve for another term.

4. (d) Meetings.

   1. (1) A quorum is necessary to conduct a meeting. Failure to attend scheduled meetings may result in dismissal from the board.
   2. (2) The board normally meets in Austin, but may meet in any other Texas city approved by the commissioner.
   3. (3) The board will meet in executive session to discuss records, reports, or testimony relating to the medical condition of an applicant or licensee. All such records, reports, and testimony are for the confidential use of the board and DPS and may not be disclosed to others except as authorized by Texas Civil Statutes, Article 6687b.
   4. (4) The board will keep minutes of its meetings.

5. (e) Official records.

   1. (1) Current medical information must be provided to the board and to the MSMVO Division which is pertinent to the medical condition(s) for which the DPS requested the review. Information must be provided by a licensed physician or a licensed medical facility, with the following exceptions.

      1. (A) A psychologist or licensed counselor may provide information regarding treatment for a mental condition and/or drug or alcohol abuse.
      2. (B) A chiropractor may provide information regarding treatment for back and/or neck pain.
      3. (C) An optometrist may provide vision information.
   2. (2) In its deliberations, the board panel may examine any medical records or reports containing material which may be relevant to the ability of the applicant to operate a motor vehicle safely. Additional information supplied to TDH or DPS may be utilized. When supplemental information is deemed necessary and is requested of the applicant, the MSMVO Division must receive the information in order for the board to act.
   3. (3) All records provided to and created by the board shall be kept confidential. An examining provider may request and will be mailed a copy of any medical information he or she provided. Certifications of board proceedings will be prepared for DPS upon request.
   4. (4) Photocopies of a complete case file may be requested by an applicant, the applicant's attorney, or DPS exclusively for use in a court proceeding in accordance with Texas Civil Statutes, Article 6687b, §22 or §31. Upon written request and by advance payment of the cost per page as set by the State Purchasing and General Services Commission and the department, photocopies of the records will be released to the applicant or his/her legal representative.
6. (f) Required administrative information. In order for an applicant's case to be processed, the examining provider's signature and the applicant's or legal guardian's signature on the authorization to release medical information form must be received by the MSMVO Division. While not mandatory, the examining provider's address and telephone number, the applicant's social security number, and the date of examination may also be requested. All information will be obtained with the permission and knowledge of the applicant and remain confidential. The applicant is responsible for payment of any professional fees connected with the examination. The information must be returned to the Medical Standards on Motor Vehicle Operations Division, Bureau of Emergency Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199.
7. (g) Impartiality. Any board member who is unable to be impartial in any case before the board shall so declare this partiality to the members present and shall not participate in any board proceedings involving that case.
8. (h) License responsibility. The members on the board will issue opinions only. The final decision to issue, renew, restrict, or revoke a license will rest entirely with DPS.
9. (i) Meeting attendance fees. Board members will be paid a meeting attendance fee in an amount of $100 per meeting beginning with the September 7, 1989, meeting.

Source Note:The provisions of this §1.151 adopted to be effective September 4, 1989, 14 TexReg 4236.