TRKEATTOWNEY GENERAL
OFTEXAS
Honorable Walter E. Wilson Opinion No. C- 120
County Attorney
Ector County Re: Whether the actual
Odessa, Texas and thorough examination
required by Section 1 of
Article 4604d, V.C.S.
contemplates a complete
physical examination, or
only an examination ex-
tensive enough to deter-
mine the presence or ab-
sence of an infectious
venereal disease.
Dear Mr. Wilson:
You have requested the opinion of thle office as to
the proper Interpretation of the phrase "actual and thorough
exsmlnatlon," as used in Section 1 of Article 4604d, Vernon's
Civil Statutes. Controversy has arisen as to whether that
phrase, as used In the statute, requires a complete physical
examination, or only an examination sufficiently extensive to
determine the presence or absence of an Infectious venereal
diseaae.
Section 1 of Article 46046, Vernon's Civil Statutes,
is quoted below:
"Section 1. No marriage license shall
be issued unless each applicant files with the
county clerk a certificate from a duly qua114
fied physician licensed to practice medicine
and surgery in Texas, or In any state or In any
territory of the United States where applicants
may reside but who wish to marry in Texas. The
certificate shall state that the applicant has
been given an actual and thorough examination,
including a standard serologic test for syphilis.
The examination shall not have been more than
fifteen (15) dass nrlor to the date of Issuance
of such &&se-and the certificate shall show
that the results of such examination, tests and
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Honorable Walter E. Wilson, page 2 (C- 120)
history showed that the person examined was
free from any infectious condition of syphilis.
No physician shall issue such certificate to
any person whom he knows or has reasons to be-
lieve Is infected with any condition of syphilis
that would be Infectious or who has any clinical
evidence of infectious venereal disease."
(Bmphasis added)
The emphasized words above clearly reveal that the physician's
certificate required by this statute Is limited to the venereal
diseases. If a complete physical examination were contemplated
by the Legislature, the certificate of the physician would cer-
tainly have to reflect the results of that examination.
The intent of the Legislature In enacting Article 4604d
is clearly expressed In the caption of the original House Bill
No. 588, which may be found in Acts 51st Legislature, 1949, Ch.
547, p. 1060:
"An Act providing for the protection of
unborn children and the public health
by requiring premarital examinations
for syphilis; providing for examlna-
tlons and standard serologic tests for
applicants for marriage, and physicians'
certificates and laboratory statements
with respect thereto; providing for
methods of approval of laboratories per-
forming such tests; providing for walv-
ing of medical examination under certain
conditions; providing for the accepting
of certificates from states other than
Texas; defining a standard serologic test
for syphilis; nothing in the Act shall
affect or impair existing laws on the
subject; declaring marriage licenses to
be Invalid unless performed within
fifteen (15) days from date of examina-
tion; repealing all laws in conflict; and
providing penalties for the violation
thereof; providing a severability clause;
and declaring an emergency."
The first sentence of the caption expresses the purpose of the
enactment clearly. If the phrase "actual and thorough examina-
tion" is read in the context in which It Is used, I.e., the
control and prevention of syphilis for the protection of public
health, its meaning is beyond dispute.
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r
Honorable Walter E. Wilson, page 3 (C-120 )
The State Health Department, the agency responsible for
the administration of this statute, has interpreted the statute
as requiring on1 a physical examination for Infectious venereal
e standard serological tests for such diseases.
disease, and ET+
There being no evidence whatsoever that the Legislature
intended that the words "actual and thorough examination," as
used in Section 1 of Article 4604d, to mean anything more than
the examination for physical evidence~'ofInfectious venereal
disease;~~such'physical:examinatlonto be conducted In oonnection
with the standard serological tests, it Is the opinion of this
office that the quoted term Is so limited. A County Clerk has
the duty to demand the required certificate from an applicant
for a marriage license, but It is beyond the power of the County
Clerk to demand more than the required certificate.
SUMMARY
The phrase "actual and thorough examination"
as used In Section 1 of Article 4604b, V.C.S.,
contemplates only the examination for physl-
cal evidences of infectious venereal disease.
A County Clerk Is authorized to require only
the certification as to freedom from infec-
tious venereal disease, under the terms of
Article 4604d, V.C.S.
Yours very truly,
WAGGONER CARR
~to~fmeY~ti~
Malcolm L. Quick
Assistant
MLQ:zt:jh
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Robert Lewis
Gilbert Hargrave
Norman Suarez
APPROVED FOR THE ATTORNEY GENERAL
By: Stanton Stone
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