Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSXIN Bournable Walter Cousitm, Jr., Secretary Taxes Board of PharMay gll Inxuranoe Building Dlllas, Texas Dear 32r2 "There are qbany persona registered under the lawa’of Neu i.%exlco uhd have applied to Texas for reaiprocitg, and, sin00 the Meu Mexico lava regulat- ing the practice of pharmacy do not have the same Konorable Walter C0~8ln8, Jr., pago 2 prerequisites as the laws of Texas, and sines some OS the persons lloenaetl In the State of Eew Hex100 studied la *oram sohools or sorved approntloe- ships under licensed pbarmaolsts and later took the examination and were admitted as lloensed pharmacists in the State of New Mexloo; and others took their pharsaoeutloal ldwatlon by oorrespond- enoe or exteasion York, ve would like to know if under Seation 9 of Artiale 4542-a, Revised Civil Statutes of Texas, this Roar6 hss the right to gra& reolprooltg, slnoe our law etates: “‘Provided that the State Board of Pharaaoy may, in its dlsorrtlon, upon the psymat of Twenty- five ($25.00) Dollars, grant a lloease to praotloo phusmcy to persons who furnish prool that t&y have been registered as suoh In lotse other State or Territory, en6 that they are of gtmd mqral ohar- aoter. Prwlded that such other Beard in its examination requires the sam geaeml degree of fltuess required by this State and grants the same reoiprooal privileges to pharmolsts of this State.’ *In term tthe same general degree of fitness’, set forth above, what is meant by *semi@germral de- gree of lltness~? I . . . . (1 SInoe the Legislature in 1943 amended the st8tutes regulating the praotlce OS pharmsoy in Texas, it 1s msde a- tiroly olear by Seetlon 9 that every person desiring to prao- tloe pharmacy in the State of Teus shall be required to pass the eudaation g%ven by the State Board of Phcmsay. This SeatIon of the Aot sets forth in speoitle detsll thb aaeoemsarg qualificationa of a&xapplioant for such eumluatlon. These re- quirements ares (1) that the l pplloant has obtained the age of 21 yeara; (2) i5 of good sioral oharacteri (3) 18 a oltl- aea of the United States; (4) is a graduate OS a first olass hlgb school or hss a prellrlnary stluaatlaa equlvaleat thereto that vould pertit matrloulatlon In the University of Texas; and (5) that he has attended and graduated from a reputable sohool or college of’ pharmacy which meets vlth the requlremeuts of the xonoreble Walter Couslas, Jr., pege 3 BMrd. In additionto this, he shell heve he6 one yeer of practual experlenoe la a retail phermsoy under the direct supsrvlaion of l registered phemeolst. A reputable or rroog- nlzed sohool or college of pherasoy is defined es oas uhos4 course of lastruotlon shell be the equivalent of’ not lses than four terms bf eight maths eaoh, all of which shell be’epproved by the keld. The statute further outlluss the o~urses of study which sbll be awered bJ the aemlnatlaa. Tluwo Is e spsolfla prwlsloa la this Seotioa of t’he Aot hovevtr glvlag the Board the disoretloa to great a lloease to praotioe pheraeoy to e person who ?uraIshss pmr uMefeo- tory to the Board that he has beea reglster~d li~s.PrPe other state or territory. This dlsarutioa of the Boer&hovever Is oondltloaed with the raquireaent, first,, thet the 8pplieeat sbell be of good aorel ohareoter ead; seao+d, tht the Boerd shell require OS the appllcent the seas gsaeral dogme of rit- ness that is rsqulrsd of enlpplloent to taks tits we8.lastlon In this State. Oae of ths obvious purposes of the emsaded lev ls to raise the steaderds of the professloa in this Stat.. Ia carrying out the purposes mid objects or the &v It seem oleu that it vould be the duty of the Bomd to asesurs the quellflaatloas or ea eppllseat rogIstorrU ~eaother State by the seas generel steaderds that ere applied to these deslrlag to take the sxeaIaetloa Ia this Stek. It is our oplaioa, therefore, thet the olsuse, "the sama general degree OS flt- ness" used in the Aot, mans just that. Out-of-8tats lloeasees la order to qusllfy la Texas must mesure up tq all tha stead- srds thet ere lsrposed upon all other appliaent~ Sor exeal.ae- tloa to preotloa pbermeay in Texas. Of oourse, there is the other requIrerent that the lppliaeat aunt be liaenssd by l State reolprooetlag vith Tsxes l.a this regerd.