Dr. J.,E* Peavy 

Commissioner of Nealth 

State JDepartpent of Health 

Austin,.~ Texaa 

Opinion No, M-~783 

Rer Authority of the State 

Departmenti of Health to 

require seal of l$oensed 

professional engineer on 

plans, etc. for hospitals 

Dear Dr. Peavyt 

We quote: from your letter requesting an opin$on from 

this office as foilowsr 

I 

"Under the prqvis$ons of Art. 4437f, V.A.T&, 

Texaa Hospital Llcenaing Law) and Art, 4442c, 

Convalescent and Nursing Homes), the State Department of Health is charged with the reeponslbillty 

of carrying out the intent of the legislature as 

expressed in these Acts. 

'The Legislature has declared a# among the 

purposea of Article 4437f, 'to protect and promote 

the public health and welfare by providing for the 

development, establishment, and enforcement of cerT 

taln standards in the construction , . . of hospitals, ' 

Art. 4437f, $3. In Article 4442~5, the Legislature 

has expressed as one of its purposes, 'to promote 

the public health, safety and welfare by providing 

for the develovment. establishment and enforcement 

of standards -. . for the . . . construction of 

such inati'tutions which ?the lights of advancing 

knowledge will promote safe and adequate treatment 

. . l ' Art. 4442c, 81. 

"Such ktatements of purpose are pertinent to 

the regulatory authority of the Department of 

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^ 

Dr. J. E. Peavy, page 2 (M-783) 

Health since Its legislative delegation of authority is couched In terms of legislative purpose. In Article 4437f the Department's rulemaking authority is expressed In part as followst 

'The Licensing Agency . . . shall adopt, amend, 

promulgate, and enforce such rules, regulations, 

and minimum standards as may be designed to further the purposes of the Act. Provided, however, 

that the rules, regulations, or minimum standards 

so adopted, amended, promulgated, or enforced shall 

be limited to safety, fire prevention, and sanitary 

provisions of hospitals as defined In this Act.' 

Art. 4437f, $5. Further statement of authority 

is ,as followst 'The Licensing Agency shall have 

the authority to deny, cancel, revoke or suspend 

a license in any case where it finds there has 

been a substantial failure to comply with the 

provisions of this Act or the rules, regulations, 

or standards promulgated under this Act, or for 

the aiding, abetting, or permitting the commission 

of any Illegal act, or for conduct detrimental to 

the public health, morals, welfare and safety of 

the people of the State of Texas.' 

"In regard to nursing and convalescent homes 

the scope off, the Department's regulating authority 

Is also defined in termsof the legislative purpose 

of safeguarding the public health, safety and welfare. Reading selectively, it Is stated In part 

as follows: 

'The Licensing Agency is authorized to adopt, 

amend, promulgate, publish and enforce minimum 

standards in relation to: 

(a) Construction.of the home or Institution, 

Including plumbing, heating, lighting, ventilation, 

and other housing conditions, which shall insure 

the health, safety and comfort of residents and 

protection from fire hazard; 

**** 

(c) All sanitary and related conditions within 

the nursing home and its surroundings, including 

water supply, sewage disposal . . . which shall 

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. . 

Dr. J. E. Peavy, page 3 (M-783) 

Insure the health, safety and comfort of the 

residents. 

++** 

(e) Equipment essential to W&?i~;~l~%;~d 

welfare of the r$sidents , . .’ f 

§7. 

“The size and complexity of structures, to, 

be licensed as hospitals or nursing homes In this 

day and time make It most likely that their design 

and construction Involve structural, ~mecharilcal 

and electrical engineering. The water sUpply, and 

sewage disposal problems in connection with these 

structures Involve problems in the area of civil 

and sanitary engineering, When such engineering 

Is involved the Department believes that the 

public health and safety is best insured by 

requiring that the plans for such structures 

bear the seal of a licensed professional engineer, and, subject to your approval, the 

Department has voted to make such a raquirement by administrative rule. 

“Accordingly, your opinion is respectfully 

requested as to the following: 

“Does the State Department of Health have 

authority under Vernon’s Ann. Civ. St. art. 4437f 

to require the seal of a licensed professional engineer on plans, designs or specifications of 

‘hospitals, ’ as defined in such statute, which 

involve structural, mechanical, electrical or 

sanitary engineering, submitted to the Department for llcensure under the afore.clted Texas 

statute? 

‘Does the State Department of Health have 

authority under Vernon’s Ann. Civ. St. art. 

4442% to require the seal of a lioensed professional engineer on plans, designs or speciflcations of ‘Institutions,’ aa defined in such 

statute, which involve structural, mechanical, 

electrical or sanitary engineering, submitted 

to the Department for llcensure under the afbrecited Texas Statute?” 

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Dr. J. E. Peavy, page 4 (M-783) 

In construing the provisions of Article 4437f and 

Article 4442c,,Vernon's Civil Statutes, Attorney General's 

. . 

Opinion M-545 (lyoq) held, in part, as follows: 

1, 

. . . the Legislature intended that the 

Department of Health promulgate its own standards 

relating to the design, construction and licensing 

of hospitals, nursing and convalescent homes, and 

.related Institutions. . . .' 

'Administrative agencies may adopt and promulgate 

reasonable rules and regulations to carry out the performance of 

their specific statutory duties. All State Insurance Company v. 

State Board of Insurance, 401 S.W.Td 131 (Tex.Civ.App. lqbb, error 

ref. n.r.e.). However, a rule must be In harmony with the general 

objectives of the act involved. Gerst v. Cliff Savings & Loan 

Association, 432 S.W.2d 702 (Tex.Sup. 1968) In view of th h oldlng 

In Att orney General's Opinion M-545 and in lonsideratlon ofethe 

Department's proposed rule in light of the provisions of the respective statutes, it Is our opinion that the proposed rule of the 

State Department of Health appears reasonable, being in conformity 

with the Department's specific statutory duties and in harmony with 

the general objectives of Articles 4437f and 4442~~ Vernon's Civil 

Statutes. It will therefore be valid and legally enforceable. 

Consequently, in answer to your questions, you are advised that 

the State Department of Health has the authority under the provisions of Article 4437f and 4442~ to require by administrative 

rule the seal of a licensed, Erofesslon$ engineer on plan:, 

designs or specifications of hospitals and institutions as 

defined In the respective statutes which involve structural, 

mechanical, eleiztrlcal or sanitary engineering submitted to the 

State Department of Health. 

SUMMARY 

The State'Department of Health has the authority under the provisions of Articles 443i'f 

and 4442~ to require by administrative rule the 

seal of a licensed, professional engineer on 

plans, designs or specifications of "hospitals" 

and "institutions" as defined in the-respective 

statutes which involve structural, mechanical, 

electrical or sanitary e 

the State Department of 

General of Texas 

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Dr. J. E. Peavy, page 5 (M-783) 

Prepared by Ivan R., Williams, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Jack Sparks 

Harriet Burke 

Ed Esqulvel 

J. C. Davis 

Roger Tyler 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFREDWALKER 

Executive Assistant 

NOLA WRITE 

First Assistant 

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