WILL WILSON

**ATTORNEY** GENERAL

Honorable C. C. ,CountyAttorney Comanche, Texas July 25, 1962

Hampton

Dear Xr. Hampton: Opinion No. lT~f-lbO3

Re: Whether a nurse or a practitioner's asslstant can dispense drugs or medicine to his patients under the prac~titioner's direction and supervision,

. -._ . ana relatea question.

You have requestedan opinion on the following questions:

"No. 1. Can a nurse or practitionerls

assistant dispense drugs or medicine to his patients under the practitioner's direction and supervision?

"No. 2. Can a nurse or practitioner's assistantadminister drugs or~medlcine to his patients under the practitioner'sdirection and supervision?"
Article 4510, Revised.Clvil Statutes of Texas, 1325, as amended,provides:

"Any person shallbe regarded as practlcing,medicinewithin the meaning of this law:
"(1)Who shall publicly profess to be a physician or surgeon and shalldiagnose, treat, or offer to treat, any disease or disorder,mental or physical, or any physical deformity or injury,by any system or method, or,to effect cures thereof; (2) or who shall diagnose, treat or offer to treat any disease or disorder,mental or physical, or any physical deformity or Injuryby any system or method and to effect cures thereof and charge therefor, directly or indirectly,money or other compensation; provided,however, that the provisions of this Article shallbe construed ?lith. .

Hon. C. C. Wampton,page 2 (W-1403)

and In view of Article 740, Penal Code of Texas, and Article4504, Revised Civil Statutes of Texas as contained in this Act."
Section 

### 8 of Article 4542a,Vernon's Civil Statutes, as amended, provides as follows:

"It shallbe unlawful for any person who Is not a registeredpharmacistunder the provisions of this Act to compound,mix, manufacture, combine,prepare, label, sell 01'dlstribute at retail or wholesale any drugs ormedicines, except In originalpackages. Provided that all persons now registeredas pharmacists In this State shallhave all the rights granted to pharma- "It shallbe unlawful for any person who Is not a registeredpharmacistunder the provisions of this Act to compound,mix, manufacture, combine,prepare, label, sell 01'dlstribute at retail or wholesale any drugs ormedicines, except In originalpackages. Provided that all persons now registeredas pharmacists In this State shallhave all the rights granted to pharmacists under this Act. Provided,however; that nothing In this Act shallapply to or Interfere with any licensedpractitionerof medicine, dentlstry or chiropody,who Is duly registeredas such y his respective StateBoard of Examiners of this State,who shall supplyhis 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 &e retailing of medicines or poisons; and provided, further, that Act nothing contained In ,thls shallbe construed to prevent the personal administration of drugs and medicines carriedby any physician, surgeon,dentist, chiropodist 0:' veterinarian licensedby hisrespective Board of Examiners of this State, In order to supply th Immediate needs of his patients;

. . (Rmpha%s added).

In construing the above-quotedprovisions, it was held In AttorneyGeneralls Opinion

### W-829:

"By the terms of the statute, It Is unlawful for persons other than registeredpharmacists to fill drug prescriptions. Lloenaedpractitioners of medicine, dentistry or chiropody,not In the retail drug business, are exempted from this restrictionwhen supplyingtheir own patients. Since suchprac.titloners are thus exem~pted from the provisions of the PharmacyAct (Art.4542a) they need not comply with Its licensing (Sec.gjRon. C. C. Hampton, page 3 (W-1403)

or permit (Sec. 17) provisionsunder the stated circumstances.
II

. . . "Certainpractitioners are exempted from the pharmacy law under certain designated circumstances. However, to hold that these exempt practitioners could in turn authorize nurses or other aides to fill and dispense prescriptionswould be to place In the hands of the practitioners the power to create additional exemptions over and above those createdby the Legislature. No such author?.tyis attempted to be delegated by the Act in question, and we think the evident intention of the statute is to limit the practice of pharmacy to those licensedby the State Board of Pharmacy, subject only to the specific exemptions set out in the statute. It Is perhaps worthy of notice that the last paragraph of Section 8 exempts certain senior pharmacy students operatingunder the direct , supervision of a registeredpharmacist. It uould appear that if the legislaturehad intended that nurses or other aides acting under the supervision of a practitioner should also be exempted, specificmention thereofwould have been made.

. . ." Chapter 7, Title 71, Revised Civil Statutes oL'Xxas, 1925, creates the Board of Nurse Examiners and provides for the licensing and regulation of the practice of nursing in this State. Section 1 of Article 4518, Revised Civil Statutes of Texas, 1925, as amended, provides that it is the duty of the Roard of Nurse Examiners to prescribe a course of study for schools of nursing and educationalprograms, which course shall Includeboth theory and clinical practice In the care of men, women and children.
The practice of nursing Is not defined by Chapter 7, Title 71; therefore, It is our opinion that the practice of nursing constitutes that field of endeavor commonlyknown as nursing and would Include "both theory and clinical practlcc In the care of men, women and children" for the reason that the Board of Nurse Examiners Is required to prescribe such a course of study for schools of nursing. Generally speaking, the duty of the nurse Is to carry out the medical treatment prescribedby a doctor for his patient.-~ .

Hon. C. C. Hampton, page 4 (Wr1-1403)

. In view of the foregoing, It is noted that the State

has provided for the licensingand regulation of the practic~e ofmedicine, the practice of pharmacy and the practice of nursing. Therefore, It 1s our opinion that a nurse licensed under Cahpter 

### 7, Title 71, Revised Civil Statutes of Texas, 1925,may carry out the duties of the nursingprofessionby dlspensing or administeringdrugs or medicine as directedby a licenseddoctor; however, a nurse is not authorized to perform acts which constitute the practice ofmedicine as define? by Article 4510, without first obtaining a license to practice medicine, issuedby the Texas State Board of Medical Examiners.

JR:ms A nurse licensedunder the provisions of Chapter 

### 7, Title 

### 71,Revised Civil Statutes of Texas, 1925,may carry out the duties of the nursingprofession by dispensing or admlnisterlngdrugs or medicine as directed by a licenseddoctor; however, a nurse is not authorized to perform actswhich constitutepracticing medicine as definedby Article 4510,V.C.S., without first obtaininga license.

Yours very truly,

WILL WILSON Attorney General of Texas

APPROVED:

OPINIONCOm4ITTEE W. V. Geppert, Chalnrian
Marvin Thomas w. 0. Shultz

REVIEWEDFOR THE ATTORNEY GENERAL By: Leonard Passmore