THEA~ORNEY GENERAL
OFTEXAS
AUSTIN 1,. Texas
GROVER SELLERS
-ON
Texas Board of Pharmacy
911 Southland Life Annex Building
Dallas, Texas
Attention: Walter Cousins, Jr., Secretary
Opinion No. O-6937
Re: Construction of Sec., 9, Art.
4542a, V.A.C.S., concerning
licensing of pharmacists
through reciprocity
Dear Sir:
Your recent request for an opinion ha3 been received.
We quote same as follows:
"It is the desire of this Board to obtain Interpre-
tatlon of Section Nine, Article 45&2a, Civil Revised
Statute3 of Texas having to do with the licensing of
pharmacists through reciprocity from another state.
"Under this section it is indicated that this
Board may issue license to persons from other states
under certain condlt1ons one of which Is 'that such
other Board in its examLnation required the same
general degree of fitness required by this state.'
We have an application from a gentleman reglstered
in another state In 1911 by examination, In which
he made one grade of 48% and a general average of
60% entitllng him to a license as an assistant
pharmacist. In 1914 full reglstratlon as a pharma-
cist was given this man without further examination.
By resolution of this Board at Its meeting on Sep-
tember 17, 1907 requirements for satisfactory pass-
ing of examinations included making a general aver-
age of 75s with no grade lower then 60s.
"It is the desire of this Board to know if
in your opinion grades made by this man, while not
measuring to the same requirement3 as Texas at that
time, can be reciprocated under the above quoted
provisions of the Texas law."
Texas Board of Pharmacy - #2 o-6937
SeCtiOn 9 Of Article 4542a, Vernon's Annotated Civil
Statutes of Texas, read3 as follows:
'Every person desiring to practice pharmacy
in the State of Texas shall be required to pass
the examination given by the State Board of Phar-
macy. The applicant shall make application by
presenting to the Secretary of the Board, on forms
furnished by the Board, satisfactory Sworn evi-
dence that-he has attained the age of twenty-one
(21) years, is of good moral character; is a
citizen of the United States, and has at least
graduated from a first grade high school, or ha3
a preliminary education equivalent thereto, per-
mitting matriculation in the University of Texas,
and that he ha3 attended and graduated from a
reputable university, school or college of phar-
macy which meets with the requirements of the
Board, and shall have had at least one (1) year
of practLce1 experience in a retail pharmacy
under the direct supervision of a registered
pharmacist. A unlversitg, school or college of
pharmacy Is reputable whose entrance requirement3
and course of instruction are as high as those
adopted by recognized universities, school3 or
colleges of pharmacy, and whose course of instruc-
tion shall be the e uivalent of not less than four
8) months each, and approved
(4) terms of eight 't
by the Board.
"The examination shall consist of written
oral and/or practical tests in pharmacy, chemis-
try, pharmaceutical jurisprudence, posology,
toxicology, bacteriology, physiology and materia
medica, and in such other subjects as may be re-
gularly taught in all recognized universities,
school3 and colleges of pharmacy.
"Each applicant for license to practice
pharmacy in Texas shall be given due notice of
the time and place of examination. All examina-
tions shall be conducted in writing and by such
other means as the State Board of Pharmacy shall
deem adequate to ascertain the qualifications of
applications, and In such manner as shall be en-
tirely fair and impartial to all Individuals in
every recognized school of pharmacy. All appli-
cants examined at the same time shall be given the
game regular examinations, and each applicant suc-
cessfully passing the examination and meeting all
- .
Texas Board of Pharmacy - #3 o-6937
requirements of the State
- -Board of Pharmacy shall
be registered by the Boara as possessing the qual-
ifications required by this law, and shall receive
from said Board a license to practice pharmacy in
this state. Provided that the State Board.of
Pharmacy may in its discretion, upon the payment
of Twenty-five ($25.00) Dollars, grant a license
to practice pharmacy to persons who furnish proof
,thatthey have been registered as such in some
other state or territory, and that they are of
good moral character, provided that such other
Board in its examination required the same gener-
al degree of fitness required by this state; and
grants the same reciprocal privileges to phar-,
macfsts of this state. As amended Acts 1943, 48th
Leg., p* 710, ch. 395, Sec. 6."
You are only fnterested in knowing whether "such other
Board in Its examination required the same general degree of
fitness required by this state." This is a question of fact
that must be decided by the Texas State Board of Pharmacy. A
mere comparison of the grade requirements-given by the boards
of different states is not, in every case, a true measure of
the general degree of fftness required. For example, such ex-
aminations may have been graded on a different percentage
basis, and a general average of 60% in the other state may
have been the equivalent of a general average of 75% In this
state o
In view of the foregoing, it is our opinfon that if
the Texas Board of Pharmacy finds that the Board of the other
state required the same $eneral degree of fitness of the ap-
plicant as required by thfs state in 1911, then the applicant
may be issued a license to practice pharmacy in Texas. In
determining the matter as to whether the applicant possessed
the general degree of fitness required in Texas, 'Ltfs our
opinion that the board could Zn its dfscretfon consider any
and all pertinent facts relative to such qualification and
vould not be confined in its determination to the matter of
"grades" alone,
Texas Board of Pharmacy - #4 o-6937
Very truly your3
ATTORNEY GENERAL OF TEXAS
By s/R. L, Lattlmore; Jr.
R. L. Lattimore, Jr.
Assistant
By s/J. C. Davis, Jr.
J. C. Davis, Jr.
Assistant
RLL-JCD-gb-wc
APPROVED DEC 4, 1945
s/Grover Seller3
ATTORNEY GENERAL OF TEXAS
Approved Opinion CommIttee By s/BWB Chairman