Untitled Texas Attorney General Opinion

Dr. M. H. Crabb Opinion No. C-48
Secretary, Texas State Board.
of Medical Examiners Re : Whether the Texas State
1714 Medical Arts Building Board of Medical Examiners
Fort Worth 2, Texas is authorized to issue .a
license in Texas as a medi-
cal doctor, to a graduate
from an osteopathic school
in California, who elected
under California law to use
the suffix "M.D." instead
of the suffix "D 0 ." under
Dear Doctor Crabb: the stated facts:
We are in receipt of your request for opinion relative
to the above captioned question.
Your letter indicates that a large group of practition-
ers are now applying for licenses from the Board and are asking
to be identified with the term or suffix "M.D." All of these
practitioners are graduates of the former College of Osteopathic
Physicians and Surgeons in Cali.forniaand have previously ob-
tained the:irlicense as an osteopath in Texas based upon such
study. It is significant, however, that on February 15, 1962,
the institution named a'bovewas changed to a medical school and
is now known as the California College of Medicine, which school
is recognized by the Council on Medical Education and Hospitals
of the American Medical Association, the Association of American
Medical Colleges, and the California Board of Medical Examiners
(which only licenses those applicants with an M.D. degree), All
persons in question received the degree of Doctor of Medicine
from the College between March 7s 1962 and September 30, 1962,
without taking any filrthercourses whatsoever, but by merely mak-
ing applicati.on,
Since in California there is a separate Board of Medi-
cal Examiners and Board of Osteopathic Examiners, recent amend-
ments were proposed and adopted whereby persons receiving both
degrees could elect ,touse either the term or suffix "M.D." or
"D,0," Section 2396 of Deering's California Business and Profes-
sions Code states as follows:
Dr. M. H. Cra’bb,page 2 (C-48)

‘@396, Unprofessional conduct: Unauthorized
use of letters W.D. ‘: Election of osteopath to
use ‘MOD.p: Effect of election.
“Unless the holder of any certificat.eprovided
for in this chapter or any preceding medical prac-
tice act has been granted the degree of doctor of
medfcfne after the completion of a full course of
study as prescribed ‘byan approved medical school
in accordance with the provfsions of this chapter,
or any preceding medical practice act, the use of
the term or suffix OM,D,3 constitutes unprofessional
condzlctwithin the meaning of this chapter.
“Howevery any person holding a physician’s and
surgeonis certificate under the jurisdiction of the
Board of Osteopathic Examiners of the State of Cali-
fornia and a degree of Doctor of Medicine issued by
a medical school located in the State of California
at any time prior to Septe.mber309 1962, and ap-
proved either by the Board of Osteopathic Examiners
of the State of California or the Board of Medical
Examiners of the State of California at the time of
the ksuance of such degree, shall be authorized to
use the term or suffix sM0D.9I and such use shall
not be unprofessional conduct, so long as sach per-
soq on or before December 31, 1.962, advises both
.theBoard of Me&L&al,Examiners and the Board of
Osteopathic Examiners, in writing, that he has el,-
ected to use the term or suff1.x “M,D,9 and has
elected net to me the term or silffix sD.O,D In
the e,ve.ni;
sf sich el,ection,tie use of the term or
suffi,x ‘D,0, P constitiltesunprofessional conduct
with3.nthe mear&ng of this chapter. (Amended by
Stats,ist Ex,Sess. 1,962ch,50 @l,)tr
Your letter phrases the question submitted to us as
follows :
“Now the question :is,can the Texas State
Board of Med,i,cal
Ex~aminersS,ssuethese osteopaths
a license as an ‘MOD.t En Texas in lieu.of al.1the
legal changes :inthe Cal,ifor.nialaws allowing osteo-
paths who ‘we,re
licensed in California to choose
whether they with to be an ‘MOD,I or a sD.O,p by a
certain date, December 31, 1962.
“Also if an osteopath who obtained his osteo-
patnle edu&ion at the California ColS.egeof
,
Dr. M. E. Crabb, page 3 (C- 48)

Osteopathic Physicians and Surgeons, or any
other osteopathic school prior to February 15,
1962, the date that the California College of
Osteopathic Physicians and Surgeons was changed
to a medical school and has obtained an ‘M.D.’
degree from the California College of Medicine,
should~ the Texas State Board of Medical Exami-
ners recognize the ‘M.D. t degree and issue this
man a license in Texas as a medical doctor?”
Each applicant to the Texas State Board of Medical Ex-
aminers must identify himself with some particular system’of
healing. In this connection Article 45qCe of Vernon Is Civil
Statutes, states in part as follows:
ttSec. 3. Every person licensed to practice
the healing art heretofore or hereafter by 0 . o
the Texas State Board of Medical Examiners . e .
shall in the professional use of his name on any
sign, pamphlet, stationery, letterhead, signature,
or on any other such means of professional identi-
fication, written or printed, designate in the
manner set forth In this Act the svstem of the
&&Qg-g& which he is by his license permitted
to practice0 Ihe following a;ewt:e legaily re-
quired identifica$ons, a o h ch mus be used
mQ&ners the healine art :
“(1) If licensed bv the Texas State Board of
tor of Medic*
doctor 9 M,D, ; doctor of medicine; M.D,

Even though Californfa law allows a practitioner to
elect which degree he chooses to use by his name, the law govern-
ing the Texas State Board of Medical Examiners does not. We con-
strue Article 4590e as allowing a practitioner only to practice
“the system81 on which his degree was based, The degree M,D.
connotes an education obtained at a medfcal school and a D.O. de-
gree likewise contemplates a degree obtained and based upon study
at an osteopathic school, The California College of Medicine may
well be a “reputable medical school” as that term is used in

-.x20-
Dr. M. H. Crabb, page 4 (C- 48)

Article 4501, Vernon's Civil Statutes, and may well~be a "repu-
table medical college" as that term~is used in Article 4500,
Vernon's Civil Statutes, but the fact remains that the practi-
tioners in question obtained all of their education atean osteo-
pathic school. Since they obtained their M-D, degree without
further study or taking additional courses a'tthe California
College of Medicine, it follows that their most recent degree is
not based on study or attendance at a medical school, and there-
fore the Texas State Board of Medical Examiners is not authorized
or required to license them as doctors of medicine on the basis
of such degree.

The Texas State Board of Medical Examiners is
not authorized or required to issue licenses as
doctors of medicine on the basis of the M.D. degree
to practitioners who attended and received their
education at an osteopathic school, when the M.D.
degree was awarded to them under the laws of Cali-
fornia by merely making application therefor.
Yours very truly,

FDW:wb
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
John Reeves
Frank Booth
Grady Chandler
Edward R, Moffett
APPROVED FOR THE ATTORNEY GENERAL
BY: Stanton Stone