TEE ATTORNEY GENERAL
March 7. 1952
Hon. G. E. Brereton. M.D., President
Board of Vocational Nurse Examiners
306 Austin Savings & Loan Building,
Austin, Texas Opinion No. V-1419
Re: Interpretation of the words
“physician” and “licensed
physician* as used in Sec-
tions 5 and 6 of the act
regulating licensing of vo-
Dear Dr. Brereton: cational nurses.
You have requested our opinion concerning the interpre-
tation of the words “physicians” and “licens,ed physicians” as
used in,Sections 5and.6 of House Bill 47, Acts 52nd Leg., R.S.
1951, ch. 118, p. 197 (Sections 5 and 6 of ArticIe 4528c, V.C.S.),
regulating the licensing of vocational nurses.
The pertinent parts of Sections 5 and 6 provide:
“Sec. 5. Every person desiring to be licensed as
a Licensed Vocational Nurse or use the abbreviation
L.V.N. in the State of Texas, shall be required to pass
the examination given by the Board of Vocational Nurse
Examiners; the applicant shall make application by pre-
senting to the Secretary of the Board, on forms furnished
by’the Board, satisfactory sworn evidence that the appli-
cant has had at least two (2) years of high school educa-
tion or its equiyalent. and has attained the age of eigh-
teen (18) years, is of good moral character, and in good
physical and mental health; evidence of this fact shall
be made by submitting an affidavit by a physicial on a
form prescribed by the Board; . . .
‘Sec. 6. All persons who have practiced or engaged
in the activity as a Vocational Nurse, or any similar
title used for a non-professional unregistered nurse,
Hon. G. E. Brereton, page 2 (V-1419)
under a licensed physician or a director of nurs-
ing service for one (1) year immediately prior to
the effective date of this Act, may procure a license
as a Licensed Vocational Nurse from the Board with-
out examination upon the satisfactory proof as pre-
scribed by the Board of such activity for the required
time, and upon the payment of the fee hereinafter re-
quired. . . .”
We believe from a reading of Article 4528~ in its en-
tirety that the .-words Yphysicians” and “licensed physicians” as
used in then statute are synonymous. The question then is which
systems of the healing art are included within the words ‘physi-
cian” and “licensed physician.”
House>ill 111, Acts 52nd Leg., R.S. 1951, ch. 154. p.
265 (Article &90e, V.C.S.), the Healing Art Identification Act,
was enacted at the same session of the Legislature as Article
4528~ and indicates the legislative definition of the words “physi-
cian” and “licensed physician.” Section 3 of Article 4590e pro-
vides in part:
*
. . . The following are the legally required
identifications, one of which must be used by
practitioners of the healing art:
(1) If licensed by the Texas State Board of
Medical Examiners on the basis of the degree Doctor
of Medicine: physician and/or surgeon, M.D.; doctor,
M.D.; doctor of medicine; M.D.
(2) If licensed by the Texas State Board of
Medical Examiners on the basis of the d,egree Doctor
of Osteopathy: physician and/or surgeon, D.O.; Osteo-
pathic physician and/or surgeon; doctor, D.O.; doctor
of osteopathy; osteopath; D.O.
(3) If licensed by the State Board of Dental Ex-
aminers: dentist; doctor, D.D.S.; doctor of dental
surgery; D.D.S.; doctor of dental medicine, D.M.D.
(4) If licensed~ by the Texas Board of Chiro-
practic Examiners: chiropractor; doctor, D.C.;
doctor of Chiropractic; D.C.
(5) If licensed by the Texas State Board of Ex-
aminers in Optometry; optometrist; d~octor, optome-
trist; doctor of optometry; O.D.
Hon. G. E. Brereton, page 3 (V-1419)
(6) If licensed by the State Board, of Chiropody
Examiners: chiropodist; doctor, D.S.C.; doctor of
surgical chiropody; D&C.
(7) If licensed by the State Board of Naturo-
pathic Examiners: naturopathic physician; physi-
cian, N.D.; doctor of naturopathy; N.D.; doctor,
N.D.”
The only practitioners of the healing art who are re-
ferred to by the Legislature as “physicians” are persons li-
censed by the’Texas State Board of Medical Examiners or by
the State Board of Naturopathic Examiners. It is clear that the
term “physician,” as used in Article 4528c, cannot include any
additional classes of persons. We must, therefore, determine
if the term “physician” as used in Article 4528~ was intended
to includes1 of those persons designated~ as ‘physicians” by
Article 8490e.
To assist in this ,determination. we may look to Article
4590d. V.C.S., the statute which created the State Board of Na-
turopathic Examiners and provided.for the licensing of naturo-
pathic physicians. In Section 5 of that statute, it is provided:
“No person shall practice or offer, or attempt
to practice ,naturopathy in this State, without first
haying obtained a license from the State Board of
Naturopathic Examiners, as provided for in this Law,
provided, however, that this Law shall not apply to li-
censed physicians and surgeons in the regular prac-
tice of their profession. . . .”
From the above it is seen that in the very act providing
for the licensing of naturopathic physicians, the words “licensed
physicians” are used as distinguishable from “naturopathic phy-
sicians.” We think it follows that “licensed physicians” as used
in Article 4528~ is also distinguishable from “naturopathic phy-
sicians.*
In support of this conclusion, it may be pointed out that
in Section 5 of Article 4528c, it is provided that each vocational
nurse shall have been taught the administration of drugs prior
to being qualified as Licensed Vocational Nurses. In this
connection, Section It3 of Article 4590d, the naturopathic physi-
cian licensing act, excludes the administration of drugs from
Hon. G. E. Brereton, page 4 (V-1419)
the methods of treatment used in the practice of naturopathy,
and therefore a person trained in the office of a naturopathic
physician would not secure the necessary education to become
a Licensed Vocational Nurse.
In view of the above, it is our opinion that the words
“physicians’ and *licensed physicians” as used in Article 4528~
include only those persons licensed to practice medicine. This
conclusion is in accord with the holding in a letter opinion from
this office to the Honorable George W. Coat. M.D., dated May 4.
1950, concerned with the meaning of the wor,d “physician” as
used in Rule 40a of Article 4477, V.C.S.. regarding the signing
of certificates of death. A copy of this opinion is attached for
your information.
SUMMARY
The words y physician” and “licensed physician”
as used in Sections 5 and 6 of Article 4528~. V.C.S.,
the act regulating the licensing of vocational nurses,
include only those persons license~d to practice medi-
cine.
Yours very truly,
PRICE DANIEL
APPROVED: Attorney General
Mary K. Wall
Reviewing Assistant
Charles D. Mathews
First Assistant Assistant
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