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