OFFICE OF THE AT&RI&Y GENERAL OF TEXAS
AUSTIN
Mr. W. H. Cousins, Gemeta&
.Texas Board of Pharmaoy _.
912 Iusuranoe Building .
Dallas, Texas :’
Dear Sir: ,,
i the Medical
ealing with the
a&i09 aad.oon-
of this opinion we must
rem06 to that part or
8 present Session of the
aw shall be so construed as
persons other than register-
ed pharmacists of this state not pretend-
ing to be physicians to offer for sale
on the streets or other public places
contraceptives, prophylactics or resediss
which they recoxxend ror the cure of
disease.”
The aboveportion of House Bill No. 148
is a part of the wMedlcal Practice Act" and the
laws of the state relating to the practice of n&L-
tine placea~upon the Board of Medical Examiners
_.
xr. W. H. Cousins, April 13, 1939, page 2
the burden of enforcing the same. There Is no
question but that.It Is the duty of thestate Board
oP.Medlcsl TzZaminersto enrorce this law, for the
reason that a person would be &questionably In
violation of the law.I'elatiugto the practice or
medicine, as the praotice of medloiqe is defined
by the statutes'of this state.
There is a 01088 Question as to whether
or mt‘a violationbt-this Aot~umld be an oi-
fanse ror the lllegal'praotioeot pharmaoy, but
to so hold would have the effect or putting a
personchargealnaalble&qardy.. 1tha43often
beem heldbyour.oo~8.thatapersonoannotbe
woe tgded and aonvlatea~forthe same overt aot.
we are,.therai.ore,of $.heoplnioi'that
the dntv of enforoing the &fedloal~Praotioe.Aot.
as the.-&me relates to the sale oi prophylaatiks
aniloontraaeptives,rests with the-State Board of
Medid 'gramineb.
Yours-very truly
.
ATTORNEYGENERALOFTEIAS
RHC:=b H. Q. B.