Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 1 - MISCELLANEOUS PROVISIONS
Subchapter L - MEDICAL ADVISORY BOARD
Section 1.152 - Operation of the Medical Advisory Board

Universal Citation: 25 TX Admin Code § 1.152

Current through Reg. 50, No. 13; March 28, 2025

(a) MAB Membership.

(1) The commissioner appoints MAB members from:
(A) persons licensed to practice medicine in Texas, including physicians who are board-certified in internal medicine, psychiatry, neurology, physical medicine, or ophthalmology and are jointly recommended by the department and the Texas Medical Association; and

(B) persons licensed to practice optometry in this state who are jointly recommended by the department and the Texas Optometric Association.

(2) Members may be recommended for dismissal, as described in the bylaws, for failure to perform in a professional manner, failure to attend meetings regularly, failure to review the minimum required number of cases, or missing two consecutive MAB board meetings without advanced notice to the chair.

(b) Function of the MAB. Upon a request for recommendation from DPS under 37 Texas Administrative Code § 15.58, Medical Advisory Board Referrals; Texas Transportation Code Chapter 521, Subchapter N, General Provisions Relating To License Denial, Suspension, or Revocation; and Texas Government Code Chapter 411, Subchapter H, License to Carry A Handgun, the department must convene a MAB panel.

(1) Each MAB panel member must review the set of medical packets provided by the department within the time frame specified by the department.

(2) Upon completion of the applicant's packet review, each member must provide an independent opinion, in the form of a written recommendation, stating the member's opinion as to the ability of the applicant to safely operate a motor vehicle or to exercise sound judgment in the proper use and storage of a handgun, as appropriate. in the report the panel member may also make recommendations relating to DPS' subsequent action.

(3) The MAB panel recommendations or opinions are provided to DPS. The final decision to issue, renew, restrict, or revoke a driver's license or license to carry rests entirely with DPS.

(4) All members are expected to act in an impartial manner in their medical reviews. Any member unable to be impartial to any applicant before the MAB must declare this impartiality and may not participate in any MAB proceedings involving the applicant.

(5) MAB members are compensated for the review of a set of completed medical packets, and for each scheduled board or committee meeting attended.

(6) MAB members will convene at least every two years. The MAB complies with the requirements for open meetings under Texas Government Code Chapter 551.

(c) Medical Packet Requirements.

(1) The applicant must provide current medical information to the MAB pertinent to the medical conditions for which DPS requested the review and recommendation. Information must be provided within 90 days of the date MAB received the DPS request for recommendation by a licensed physician or, in the case of medical conditions impacting vision, by a licensed optometrist.

(2) Any licensed health care provider or facility who treated the applicant may provide information regarding the applicant's fitness to operate a motor vehicle safely or the ability to exercise sound judgment with respect to the proper use and storage of a handgun. Information completed or provided by a midlevel provider or an optometrist must be completed in accordance with Texas Occupations Code Chapters 157 and 351.

(3) The panel may require the applicant or license holder to undergo a medical or other examination at the applicant's or holder's expense. A person who conducts an examination under this subsection may be compelled to testify before the panel and in any subsequent proceedings under Texas Government Code Chapter 411, Subchapter H, or Texas Transportation Code Chapter 521, Subchapter N, as applicable, concerning the person's observations and findings.

(d) All records, reports, and testimony relating to the medical condition of an applicant:

(1) are for the confidential use of the MAB, a MAB panel, or DPS;

(2) are privileged information; and

(3) may not be disclosed to any person or used as evidence in a trial except as provided in (e) of this section.

(e) In a subsequent proceeding under Texas Government Code Chapter 411, Subchapter H, or Texas Transportation Code Chapter 521, Subchapter N, the department may provide a copy of the report of the MAB or MAB panel and the medical packet relating to an applicant to:

(1) DPS;

(2) the applicant; and

(3) the presiding officer at the license to carry or driver's license hearing.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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