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. (1) The form, Texas Medical Advisory Board Release Authorization for School Bus Drivers, 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. Figure 2: §14.1(2) of this title (relating to Appendix).
2. (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 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. (3) The following documents must be delivered to the department for each waiver request:

   1. (A) Request for Special Consideration;
   2. (B) Medical Examination Report for School Bus Drivers;
   3. (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;
   4. (D) Letter from the prospective employer; and
   5. (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. (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, Texas Department of Health, for official review and recommendation/opinion.
5. (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 Texas Medical Advisory Board indicating approval.
6. (6) The department may impose appropriate restrictions on the license of the applicant as authorized in Texas Transportation Code, §521.221.

Source Note:The provisions of this §14.13 adopted to be effective October 7, 1996, 21 TexReg 9243; amended to be effective July 7, 1999, 24 TexReg 5023.