The Attorney General of Texas
August 10, 1978
JOHN L. HILL
Attorney General
Honorable John J. Kavanagh, M.D. Opinion No. H- 1227
Commissioner
Texas Department of Mental Health Re: Whether the Texas Depart-
and Mental Retardation ment of Mental Health and
Box 12668, Capitol Station Mental Retardation may furnish
Austin, Texas 78711 housing facilities, meals, and
laundry service to employees
who are interns in disciplines
that are not medically related.
Dear Commissioner Kavanagh:
You have requested an opinion regarding construction of a provision of
the Appropriations Act applicable to the Board of Health Resources, the
Texas Youth Council, and the Texas Department of Mental Health and Mental
Retardation. The provision, first placed in the Appropriations Act in 1959,
provides:
As compensation for services rendered, any institu-
tion under the jurisdiction of the respective governing
boards may provide free meals for food service
personnel and volunteer workers, and may furnish
housing facilities, meals and laundry service in
exchange for services rendered by interns, chaplains in
training, and student nurses.
(Emphasis added). Acts 1977, 65th Leg., ch. 872, art. II, S 2(b), at 2797.
You are specifically concerned with the proper construction to be given
“interns.” The issue is whether “intern” means a medical intern, a doctor in
training after completion of medical school, or extends to individuals in
training in other disciplines such as psychology, occupational therapy and
recreational therapy. We find no direct guidance from the legislature or the
courts construing the word “intern.” Intern has been defined as
an advanced student or recent graduate in a profes-
sional field (as teaching) who is getting practical
experience under the supervision of an experienced
worker. . . .
P. 4905
Honorable John J. Kavanagh, M.D. - Page 2 (H-1227)
Webster’s Third New International Dictionary R60 (3rd ed. 1961).
In giving meaning to “interns” we must examine the purpose and intent of the
legislature in giving meals, housing, and laundry services as compensation to
student nurses, chaplains in training, and interns. We believe that the purpose of
this allowance is to provide additional compensation to employees in professional
training who are customarily paid a low or nominal salary. In 1959, when the rider
first appeared, the Appropriations Act provided student nurses with the lowest
salary of all positions specified for the state hospital, special schools, and the
Texas Youth Council. There was no classified position for a “chaplain in training,”
although there were positions of “chaplain.” The word intern was used to describe
only one classified position - ‘Clinical Psychologist Interne” - whose salary was
below average. Acts 1959, 56th Leg., 3d C.S., ch. 23, at 491. We note that this use
of “intern” by the legislature in 1959 was not referring to a physician intern. The
clinical psychologist intern was not listed with the “medical series” positions. This
leads us to conclude that the word “intern” should be broadly defined to include
individuals in training to acquire experience which might lead to professional
status, i.e., therapists, psychologists. We note that under article R, section 2(b) of
the 1977 General Appropriations Act, employees who are not interns, chaplains in
training, or student nurses must pay for meals, lodging, and laundry.
SUMMARY
The Texas Department of Mental Health and Mental
Retardation may furnish housing, meals, and laundry service
to employees who are interns in nonmedically related
disciplines.
Very truly yours,
Attorney General of Texas
APPROVED:
%d
DAVID M. KENDALL, First Assistant
&U,JT&
C. ROBERT HEATH, Chairman
Opinion Committee
p. 4906