OFFICE OFIHE A-~T~RNEY GENERALOFTWAS
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Honor8ble Hoaer Garrlaon,
.’ Department of’ Publio Safety
08mp EfabrY
Ayein, TexaS
is Stat6 vho
ail dealer. of
We have rem r of recent date uher6I.n
s you request the tment ppo~ the above otat-
ed qyestion.
of the Penal code reads:
ny person to man-
s control, aella
.:. spense, or coqpo~ any
id Artlole 725b providest .
llnot be w~l.avPul to mmkaoture,
e, oontrol, sell; prescribe, adniaio: ..
0, or coqouud any narcotio drug
s a~thorizod’under the terns of’ this
. .
Seotion 6(l.)of Article ‘725b provides, in parts
“An apothecary, In good faith, my sell and
.. d&manse nm.Qotic drugs to any person upRn a
vritten prescription of a phyxLoian,....
2
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880’
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: r
tlonorable Homer Qsrrisoq, Jr. i Page 2 I’
Se&Son 7(l) of said Article 725b provides8
- “A physician or 8 dentist, ln good faith.\ -
22
'andin the course of his professional practice .-c
only, may presorlbe, administer, and dispense
narcotlo drugs, or he my cause the aem to be
admlnistered bg a nurse or interno under his
direction end a?pervlsion.”
Section 1 of Artiole 725b reads in part as follows:
%.ection ‘1, The follovlng words and phrases, : .
as used In thin Act, shall have the following
meanings, unless the context othemiae,reqtires:
n . .’
..t.
‘(2) IPhyslcia;l( m!%msa person authorized
by law to practice z?edidLne in this State and
any other perso;l authorized by lav to treat
810% and Injured humanbeings ‘in this State and
to use narcotic drug5 in conneotion with suoh
treatment.
(I. . . . .
'(7) tApo&eoaryt means a lloensedpharmclst
as defined py the laws of t&s State and, irhore
the context so requires, the omer of a store or
other placie of business where narcotic drugs am- .
cqqopdsd or dispensed by a licensed pharmsclst~
_ .. ...
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irtlale 4498a,Vernonta Civil Statutesj’ provides Zn
part:
“Sea. 1. It shall be the duty of all persons
nov lawfully qualified tmd engaged in the practice
of ntodicine in this State as dsfined In kntlcle
.. 4510, Mvised Statutes of 1925, or uho shall here-
after be licensed for s_uchpractice by the !Texas
State Board of Medical Ersmincrs, to be reglstered~
.
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_ t.
..
Honorable Homer Garrison, Jr;, Paga 3 .,
.
as such practltlonars vith the Texas State Board
of Medical Examiners, on or bafora the 1st day of
January A. D. 1932, and thereafter to registefc.in
like manner annually, on or beWe the 1st &v:$f_
January, of each suoceeding year. ; . .”
Article 4504, Vernonfs Civil Statutes, exempts from
lliansa end registration certain physicians, specifically
enumerated. . Artiole 4504 reads, in part:
n
. . ..The provlsions of this Chapter do not
apply.to,.;.; nor to OoIllnission5d or contraot
surgeons of the United States Army, Bavy; or
Public Health and Marine Hospital Service, in
the performance of their duties, andnot engaged
in private practice1 nor to legally qualified
physicians of other statas~celled in consultation,
but who have no office inTaxes, and eppoint no
place in this State for saaing, exa&ning, or
treat- paticnts~. , . .”
In the absence 0) speoial legislative authority,
Texas does not recognize the licensing and registering of
physioians under the laus of another State. The only physl-
oians vho are petitted to praatioe medioira inthis State
vithout first obtaining a license and registering under the
laws of this State era those physicians speolfically exempt
from such registration, as provided by Article 4504, supra.
Therefore, the physician referred to in Section 6(l) of Artl-
cla 725b, supra, could only mean a phyuiclen vho IS licensed
in and who praoticeo madioine in the St8te of Taxas, or one
uho is specifically exempt from such lioonse and registration
under Artiole 4504, supra. .
Underthe foregoing authorities8 therefore, you are
respectfully advised that It is the opinion of this department
that your quostion should be answered in the nagative,~ unlees
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Honorake Homer Garrison, Jr<, Page 4
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Such phgsiclm falls vii&In the exemption set forth $nArticle .
4504, sqra. F e-e
&.
Trustti~g that this satlsfactorll~ srm&i your ques-
t&on, .we remain
lleq truly 'goyrs
ATTOi3~Ey
GEPIERAL
OF !PEXAS
0, BurieDavitt~
.: Assistant
.
DBD:AW
XTTORNEY
GENRRAL
OB T5iZS
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