16
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER
SELLERS
*nORNnGENEy‘
Honorable George 11. Cox ~.*
State IIeiealth Officer
Texas State Donrd of Health
Austin 2, Texas _
Dear .Slr; opinion NO. o-7204
and authority
.April 3,, 1946, which reads a
“I enclose the Te
State law on
Texas Health
reference to
Lsaiction and
ion of kitchens
ce to patients
f the Director of the Fooa
Bosra of Health were ;uestea in
title 4465A, V.A.C.S.
466, Vernon’s Civil Statutes, sets out the
tor and among other things Set t ion 3 pro-
for sale, or offered Sor sale 1.n this State,
ana for such purposes he my ontcr, any creamery,
factory, store’, salesro3m, drug store or. lnbor-
story or place where he has reason to belLeve
.
a.:
,:. ,. iw
Honorable George W. Cox - Page 2 r
.
'foods or drugs are made, prepared, soid or offered.
for sale or exchange, and open any cask, tub,- jar,
bottle. or package containing or supposed to c.ontain
any article of f00a or drug and examlne or cause
to be examined the contents thereof, and he shall
take samples therefrom ana make analysis thereof.
When making such inspection he shall seal and mark
such sample and tender to the vendor or person
havrng custody of same the value thereof, and a :
vritten statement stating the reason for taking
such sample.”
The’lnspeoting officer is further protected by Article
716, Vernon’s Annotated .Penal Code, in the following language:
“MO person shall vill.fullg hinder or obstruct
the director of the food and drug division of thee.‘.
State Board of Health, or his Inspector or other :’
person duly .authorized by him in the exercise of
the pcwers conferred upon him by, the laws of this
State.” :
:
The &onaaras of qualification of sanitary employees
and the. sterilization oft dishes for public eating and sleeping
places are set .forth in Section 1 of Article 705c, and Section
2 of particle 7.001, of Vernon’s Annotated Penal Code, .which read.
respectively as follows: :
: i :
“No person, firm,’ corporation, common carrier.
or associat.ion operating, managlng, or conducting
any hotel or any other public sleeping or eating
’ .place,’ or any place or vshiclc where food or drink
or contsjnors therefor, of any kind, is munufactur-
ea, transferred, prepared, stored, packea, served,
sold, ‘or otherwise handled in this State, or any
manufacturer or vendor of candies or manufactured -’
sweets, shall work; employ, or keep in ~their employ, : .
In, on, or about’ any said place or vehicle, or have
delivered any article therefrom, any person infected
vith any transmissible condition or ally infedtious
or contagious diseases, or work,. or employ any
person to work in, on, or about said place, or to
deliver any article therefrom, Vhoj at the time
of his or her enploymsnt, failed to deliver to the
employer or his agent, a certificate signed by a
legally lfcensea. phy$ician, resfding in the county
Honorable Georg0 V.~Cox, Prae 3
vhere said person is to be employed, or is employed,
attestin tho fact that the beorcr had been actually
ana.thorou@ly ex&ned by ‘such physician vlth%n
a veek prLor to the time of such employment, and
tbat such exsrzination disclosed the fact that such
person to bo employed vas f&o from any trans-
missible condition of any Infectious or contag2oun
diaeaoo; ol? feil to illatitute alla have lmljo, at
lntemrals oi’ t:me not cxceedii?g SIX mnt?xs, actual
and thorough examlnat’;lons, essential to~thc find-
iugs of freedom from ca+~unlc~bls and lnfeceious
diseases, of aI13 such CmpZLoyeos,by a legally
l.lk.onsed phys%dian resj-ding In the county vhero
said person is employed, and secure in evl&nco
the$eof a cert~fioato signed by au& physician
‘stating that such oxa~inatlons had beon made of
snch.pascrson, dincloclag the fact that he or she
wag fre&Yrom .&y’traxxmias~b.ble oondition of any
communicable .. ana infectious
a ; y.~ diseases.”
.,
,-_ _.
“SO‘C’?2i Stez9lizatlon of Diahos, Recopta-
. ~~“cJles;~or UtensEldi - IT0 poraon, Lirm, corpox3tion,
02 nssoclation operating, mn2qLng, or conduct-
ing ens hotel; cafe restaurant, dining car, drug
store, soda vater fountain, meat market, bakery,
-orconfeotionery, ILquor dispensary or any otiier
e~steblislment >fizere food or drin?~ of any kind.is
served or pmmlt~ed to be served to the public,
shall furn3.rb~to any person any dlah, receptacle . .*.
or utensil used in eating, d2inklr11, 02 oonvey-
ing food if suoh dish, xeceptaolo, or utens%l
has not been vashed after c&oh service until cl&n
to the si.@nt end touch in v&i \la2or contcinfag
soap or alk&lf &~anser~ hfter cloalns, aCLL1,’ ._
glades, dishes, silvcrvaro, end other roceptccles ._-
and utonolls ahaX bo placed In wfro cog00 ond ‘.
:~ immersed in-n still bath of cloer vatcr hoc&d
.to a minimxa tcmpwctwc.of 170° F. for at least
F tlwee nlnutes or tvo minutes at U?O” F. Upon
r~~moval.fro~~ 41~~3hot vzter, ax1 &la3303, dishes, ..
sllyxwa~e, ml. other rocoptaclon aa utmmils
&iLl be sto~od in 8ud1 c rmmer as not to becok
contaminc;ted. bOVia0a thd the State BOWa Of
HwiLtli nay a&vovO othcs equally effective m&hod3
. .
.;
.I
?: 19
Honorable George W. Cox, Page 4
of 'treatment by steam or hot water that m&et with ‘.
the minimun~requirements for the safety of the
public health, as prescribed by the State Do&d of
Health, that~ are not inconsistent vith. this Act.
When paper receptacles, ice cream cones,, or other
single service utensils are used for serving food
or drinks, they must be 2:ept in a sanitary manneri
protected from dust, flies, and other contamina-
tions. ’
: The above statutes set out the authority and dutles
.‘of the State Realth Officer In public eating and sleep1
places . In pnssing, your attention is directed to Art. 2 477-1,
V.A.C.S., which sets out the mlnFmumstandards OS sanitation
and health protection. The question now is whether a hospital
is such an institution as to come within that classification.
13 Ruling Case Lav, page 938, defines a ,hospital in
the Sol1bwi.1~ language:
“In Its’uidest sense a. hospital ls~a place
apprcpriated to the reception of tersons sick
or infirm in body or mind . . . .
“The term ‘hospital’ is often used synchro-
aonsly if not synonymously with ‘asylum uhich
1.8 defined to be an institution Sor ‘receiving,
maintaining and, as far as possLble,, amellorat-,
ing the condition of persons suffering from
bodily deSects, mental maladLes, or other mS.s-
fortunes, as en orphan asylum, asylum for the
blind, or asylum for the insane, and etc.” ;
(Underscor$ng ours)
People v. Hutchings, 114.H. E. 444: “Decent
and respectful treatment implied in the contract
between a private hospital. and a .paticnt . ”
Smith v. Duke University,’ 14 9.X. (2d) 643:
“Ordinarily, Q hospital undertakes only to furnish
room, food, facLlities for operation, and nttend-
ante, and Yts not liabl8 for injuries resulting
from the negllgmcc OS a. physician . , . .’
The services rondered by EIhospital.arc set out in
Southern Surety v. Dealrd, 235 S. \J. 240, by the El PQSO Court
of Civil Appdals, in vhich writ of errs was dismissed by the
Supreme Court , In the ,followlng lau~unge :
.
- . . .
‘NonorablQ :$eorge tf. Cox, P-e 5,
“The articles on hospitals vo have oxaminod
do not specify the sorvlcos o?dinmily rqndered
by hospitals. WQcan hovover QmSZne tho inqon-
venicnco snd utter lack of vhat would bo ex*titod
of a hospital service that did not fwnish corn
oaxa, txAl.s, heat &on ncsded, and aHAfici&l.
l;f&ht to a totally disabled anployeoi"
The tibovc cam was folloved in tho case of Comon
Casualty Insurance Co. v. Hilton, 55 S. M. (2d) 1271
.:~ “The c.sr8, neaJ.s, mdicdl atteellCion,
c&c.,
furnished to.a dicablod ec~ployoe comenserato
with hPs mods omz~included in hospital services
* l 2”
1% is, therefore, ow op'lnlon that under:the above
quoted statutes, *he State Eoclth OSffcor has the power to
.‘inspeal .kitchena and food prapwation and PO& ~ervloe to
patients in public or private hospltala,
. ivory truly youra
. -
Al’TOR3BY i3TNWL HOP ‘IBXAs ‘,
W. P. Watts
Assistant