EA ORNEY GENERAL.
OFTEXAS
December 21, 1962
Hon. M. Ii. Crabb, M.D.
Secretary
Texas State Board of Medical Examiners
1714 Medical Arts Building
Fort Worth, Texas
Opinion No. WW-1511
Re: Whether the operation of certain
clinical laboratories constitutes
Dear Dr. Crabb: the practice of medicine.
You have requested an opinion from this office upon the
question of whether the operation of certain clinical laborator-
ies constitutes the practice of medicine as defined by Article
4510, Vernon’s Civil Statutes.
It is our understanding that the clinical laboratories
in question are performing various tests for the purpose of ob-
taining scientific data which Is used by licensed physicians as
an aid in ascertaining the presence, progress and/or source of
disease in human beings, or in ascertaining the state of health
of human beings. It Is our further understanding that these
tests being performed by the clinical laboratories in question
frequently involve blood urine, tissue and other like specimen
studies. The findings o$ the various tests and studies are then
forwarded to the physician requesting such studies or tests.
Charges are made by the clinical laboratories for the tests and
studies made.
Article %l of Vernon’s Penal Code prwldes in part
that :
“Any person shall be regarded as practicing
medicine within the meaning of this Chapter:
‘1. . .
“2. Who shall m, treat or offer to
treat any disease or disorder mental or physical,
or any physical deformity or Injury, by any system
or method, or to effect cures thereof and charge
therefor directly or indirectly, money or other
compensa c Ion; . . .*I (Bnphasis added)
Hon. M. H. Crabb, M.D. page 2 ww-l.511)
In Websters’ New International Dictionary (Second Edi-
tion, 1938) the word “diagnose” is defined as:
Vetermination cf. a type or’ condition
through case or specimen study.”
In 70 C.J.S. 833, Physicians and. Surgeons, .Sec,. 10,
it is stated that:
“It is not necessary for a.,perscn to’prac-~
tice generally either as a physician or surgeon
to bring him within the operation of a statute
requiring a~license or certificate; at is suffi-
The practice of medicine ~has progressed~.to the point
that today the diagnosis of human diseases has be’come a highly
complicated and specialized~field of the practice,of medicine.
Numerous physicians have specialized .in,the practice of path-
ology, which concerns in the words of 70 C.J.S. 813, Physicians
and Surgeons, Sec.- 1:
“That part of medicine which-expla’ins .the
nature of diseases and their causes and svmctou;
the science treating ,of diseases,their.nature,
causes, progress, u& , and resuLts.t’
(Emphasis Added)
In view of the fact .that the various tests Andystudies
being performed, as well as the results nor information obtained
from such tests or studies by the clinical laboratories in ques-
tion, constitute such an integral part of the diagnosis, if not
in many cases the final diagnosis, we are of the opinion that
the definition of the practice ,of medicine in Article 741 in-
cludes the activities engaged. in by the clinical laboratories in
question. Consequently unless these activities are performed
by one licensed to prac Eice medicine,‘by the Texas State Board of
Medical Examiners or are under the direct control and supervi-
sion of one licensed to practice medicine by the Texas State
Board of Medical Examiners, such activities are In violation of
Article 741 of the Penal Code.
You have further asked: :&at’ we take into consideration
our Opinion NW-l&5 (1961)., That, opinion considered the consti-
tutionality of House Bill 828, then ,pendlng before the 57th Leg-
islature and which was never, enacted.,: Therefore, the provisions
of that bill are not involved in a consideration of the present
Dr. M. H, Crabb, page 3 (W-1511)
opinion. Even if House Bill 828 had been enacted, it was
specifically pointed out that the clinical laboratories li-
censed pursuant thereto would still not be allowed to perform
any acts which constitute the practice of medicine.
The tests and studies performed by clinical
laboratories upon various forms of human speci-
mens constitute the practice of medicine as de-
fined by Article 741, Vernon's Penal Code.
Yours very truly,
WILL WILSON
Attorney General of Texas
FDW:mkh:wb
APPROVED:
OPINIONCOMMITTEE
W. V. Geppert, Chairman
Pat Bailey
Ben Harrison
Jack Goodman
J. Arthur Sandlln
John Reeves
REVIEWED
FOR THEATTORNEY
GENERAL
BY: Leonard Passmore