Untitled Texas Attorney General Opinion

THEATCORNEY GENERAL OPTEXAS Texas State Board of Pharmacy Insurance Building Dallas, Texas Dear Sirs: Opinion No. O-3818 Re: Whether a manufacturer having in his employ a physician Is entitled to a license although a registered pharmacist fs not employed. We are pleased to comply with your letter of July 25, 1941, which reads as follows: "The Texas Board of Pharmacy has in the past received many applications and requests for permits from persons and firms desiring to manufacture different kinds of drugs and medicines but who do not have In their employ a reglstered.pharmacist, and instead have em- ployed physicians, dentists, veterinarians, and.chfropodists. "This letter is to ask your opinion on whether or not; under the Texas Pharmacy Law, a manufacturer, who does not have a registered pharmacist in his employ, Is entitled to a license permitting-him to mix OP manufacture drugs or medicines, although he may have in his employ a physiclan, dentist, veterinarian, or a chlropodlst. "Since we have refused to issue several permits, awaiting your oplnlonfian early reply will certainly be appreciated. Section 8 of Article 4542a~,Vernon-'sAnnotated Civil Statutes, after declaring certain acts unlawful pertaining to the requirements for the registration of pharmacists, contains the following language: 'I** l and provided further that nothing contained In this Act shall be construed'to pre- vent the administration or compoundlng of drugs Texas State Board of Pharmacy, page 2 O-3818 and medicines carried OP kept by licensed physi- clans, dentists, veterinarians and chiropodistd in order to supply the needs of thefr patients; * * * not to prevent licensed physicians, dentists, veterinarians and chiropodists from compounding, manufacturln# and selling any medicines of their own formula. Section 17 of this Act then provides, as pertinent, as follows: "***+ and every manufacturer of drugs and meiiiclnesas defined herein, after the passage of th:lsAct shall procure from the Board a permit for each store or factory to be operated,by maklng with- in six (6) months appllcatlon to the Board upon a form to be furnished by said Board, setting forth under oath ownership and location, and the name, with the certificate number, of the pharmacist reg- istered in this State, or uhysician, dentist. vet- erlnarian or chlropodlst who is to be continuously emrllosedbs the pharmacy or drw store OP factory. * T+*-* Thk permit provided for-herein shall be I&- sued annually by the Board upon a receipt of proper ap)llcatlon accompanied by a fee of Two Dollars t $4 ; this permit to be displayed conspicuously at all times in the store OP factory of original Issue. * 4k* ." (Emphasis ours) Under these provisions of the Pharmacy Law, the Board is requLred to issue a license to any person manufacturing drugs and medicines if a physician, dentist, veterinarian or chiropodist Is shown to be continuously employed by the manu- facturer. It is not required that a registered pharmacist be employed, the disdunctive "OP physician, dentist, veterinarian OP chlro- podlst,, demonstrating the legislative intent in this respect. Yours very truly ATTORNEY GENERAL OF TEXAS ZCS:RS::wc By s/Zollle C. Steakley Zollie C. Steakley APPROVX.0AUG 7, 1941 Assistant s/Grover Sellers FIRST ASSISTANT ATTORNE'YGENERAL Approved Opinion Committee By REK Chairman