WILL WILSON 

ATTORNEY GENERAL 

Honorable C. C. 

,County Attorney 

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 requested an 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 

assistant administer drugs or~medlcine to 

his patients under the practitioner's direction and supervision?" 

Article 4510, Revised.Clvil Statutes of Texas, 1325, 

as amended, provides: 

"Any person shall be regarded as practlcing,medicine within the meaning of this 

law: 

"(1) Who shall publicly profess to be 

a physician or surgeon and shall diagnose, 

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 Injury by 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 shall be construed ?lith 
. . 

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

and In view of Article 740, Penal Code 

of Texas, and Article 4504, 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 shall be unlawful for any person who 

Is not a registered pharmacist under the provisions of this Act to compound, mix, manufacture, combine, prepare, label, sell 01' dlstribute at retail or wholesale any drugs or medicines, 

except In original packages. Provided that all 

persons now registered as pharmacists In this 

State shall have all the rights granted to pharma- 

"It shall be unlawful for any person who 

Is not a registered pharmacist under the provisions of this Act to compound, mix, manufacture, combine, prepare, label, sell 01' dlstribute at retail or wholesale any drugs or medicines, 

except In original packages. Provided that all 

persons now registered as pharmacists 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, dentlstry or chiropody, who Is duly registered as such 

y his respective State Board of Examiners of this 

State, who shall supply 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 

&e retailing of medicines or poisons; and provided, further, that 

Act 

nothing contained In ,thls 

shall be construed to prevent the personal 

administration of drugs and medicines carried by 

any physician, surgeon, dentist, chiropodist 0:' 

veterinarian licensed by hisrespective Board of 

Examiners of this State, In order to supply th 

Immediate needs of his patients; . . (Rmpha%s 

added). 

In construing the above-quoted provisions, it was held 

In Attorney Generalls Opinion W-829: 

"By the terms of the statute, It Is unlawful 

for persons other than registered pharmacists to 

fill drug prescriptions. Lloenaed practitioners 

of medicine, dentistry or chiropody, not In the 

retail drug business, are exempted from this 

restriction when supplying their own patients. 

Since such prac.titloners are thus exem~pted from 

the provisions of the Pharmacy Act (Art. 4542a) 

they need not comply with Its licensing (Sec. gj 
Ron. C. C. Hampton, page 3 (W-1403) 

or permit (Sec. 17) provisions under the 

stated circumstances. 

II 

. . . 

"Certain practitioners 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 prescriptions would be to place In 

the hands of the practitioners the power to 

create additional exemptions over and above 

those created by the Legislature. No such 

author?.ty is 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 licensed by 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 operating under the direct , 

supervision of a registered pharmacist. It 

uould appear that if the legislature had intended that nurses or other aides acting under 

the supervision of a practitioner should also 

be exempted, specific mention thereof would 

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 educational programs, 

which course shall Include both 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 commonly known 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 

prescribed by 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 licensing and regulation of the practic~e 

of medicine, 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 nursing profession by 

dlspensing or administering drugs or medicine as directed by 

a licensed doctor; however, a nurse is not authorized to perform acts which constitute the practice of medicine as define? 

by Article 4510, without first obtaining a license to practice 

medicine, issued by the Texas State Board of Medical Examiners. 

JR:ms 

A nurse licensed under the provisions of Chapter 7, Title 71, Revised 

Civil Statutes of Texas, 1925, may carry 

out the duties of the nursing profession 

by dispensing or admlnisterlng drugs or 

medicine as directed by a licensed doctor; 

however, a nurse is not authorized to 

perform acts which constitute practicing 

medicine as defined by Article 4510, V.C.S., 

without first obtaining a license. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

APPROVED: 

OPINION COm4ITTEE 

W. V. Geppert, Chalnrian 

Marvin Thomas 

w. 0. Shultz 

REVIEWEDFOR THE ATTORNEY GENERAL 

By: Leonard Passmore