THE AIIY,MNEY GENERAL
OF-XAS
AUNTIN. TEXAN 78711
November 18, 1975
The Honorable J. H. Arnctte,R. Ph. Opinion No. H- 737
Secretary
Texas State Board of Pharmacy Re: Whether a person acting
914 Littlefield Building under the direction of a licensed
Austin, Texas 78701 practioner of medicine, dentistry,
or chiropody has the benefit of
the exemption which article 4542a,
V.T.C~.S., grants to physicians,
dentists and chiropodists.
Dear Mr. Arnette:
You have requested our opinion regarding whether a person acting under
the direction of a licensed practitioner of medicine, dentistry or chiropody
has the benefit of the exemption which article 4542a, V. T. C. S. , grants to
physicians, dentists and chiropodists.. Section 8 of article 4542a provides,
in pertinent part:
It shall be unlawful for any person who is not a
registered pharmacist underthe provisions of this
Act to compound, mix, manufacture, combine, prey-
pare, label sell, or distribute at retail or wholesale
any drugs or medicines, except in original packages.
Provided that all persons now registered as pharma-
cists in this State shall have all the rights granted to
pharmacists under this Act. Provided, however, that
nothing in this Act shall apply to or interfere with any
licensed practitioner of medicine, dentistry, or chiro-
pody, who is duly registered as such by his respective
State Board of Examiners of this S,tate, who shall sup-
ply his or her patients, as a physician, dentist, or
chiropodist, and by them employed as such, with such
remedies as he or she may desire and who does not
keep a pharmacy, open shop, or drug store, advertised
or otherwise, for the retailing of medicines or poisons;
and provided, further, that nothing contained in this Act
p. 3135
The Honorable J. H. Arnette, R. F’h. - page two (H-737)
shall be construed to prevent the personal
administration of drugs and medicines carried
by any physician, surgeon, dentist, chiropodist,
or veterinarian licensed by his respective Board
of Examiners of this State, in order to supply the
immediate needs of his patients. . . .
Attorney General Opinion WW-829( 1960),answered your question in the
negative, holding that an exempted practitioner may not authorize his nurse
or aide to fill and dispense prescriptions for his patients. The Opinion noted
that the granting of this authority to an exempted practitioner would permit
him to create additional categories of exemption beyond those established by
the Legislature.
In Attorney General Opinion WW - 1403( 1962), the Attorney General held
that a licensed nurse might “carry out the duties of the nursing profession by
dispensing or administering drugs or medicine as directed by a licensed
doctor. . . . ” The Opinion took note of the previous ruling, but apparently
perceived no conflict. It based its conclusion on “the duty of the nurse. . . .
to carry out the medical treatment prescribed by a doctor for his patient. ”
In our opinion, Attorney General Opinion WW-829 controls your question.
As the Attorney General there observed, another portion of section 8
exempts ‘certain .aenior pharmacy students
operating under the direct supervision of a
registered pharmacist. It would appear that
if the legislature has intended that nurses or
other aides should also be exempted, specific
mention thereof would have been made.
Thus, it is our opinion that a person acting under the direction of a licensed
practitioner of medicine, dentistry or chiropody does not have the benefit of
the exemption which article 4542a grants to physicians, dentists and chiro-
pdists..T.his’ is not to’say that pkrsons might not be able to perform siniilsr
acts authorized by other statutes. -See m art. 4518 relating to professional
nursing.
p. 3136
The Honorable J. H. Arnette, R. ph. - page three (H-737)
SUMMARY
A person acting under the direction of a
licensed practitioner of medicine, dentistry
or chiropody does not have the benefit of the
exemption which article 4542a, V. T. C. S. ,
grants to physicians, dentists and chiropodists.
Very truly yours,
Attorney General of Texas
Opinion Committee
jad:
p. 3137