DAN MORALES 

ATTORNEY GENERAL 

.QBffice of tije 2Ittornep Qkneral 

@ate of Qexae 

February 18,1992 

Ms. Linda Vaclavik 

Executive Director 

Texas Advisory Board of 

Occupational Therapy 

4900 North Lamar 

Austin, Texas 78751-2316 

Opinion No. DM-91 

Re: Whether the term “physician” in 

the Occupational Therapy Title Act, 

article 8851. V.T.C.S., includes 

chiropractors (RQ-246) 

Dear Ms. vacla* 

You ask about the meaning of the term +@hysici&nin ”two provisions of the 

Occupational Therapy Title Act, V.T.C.S. art. 8851, 86 15(b)(6), 27. Specifically, 

you ask whether the term refers only to persons licensed to practice medicine by the 

State Board of Medical Examiners under the Medical Practice Act, V.T.C.S. art. 

4495b, or whether it also refers to persons licensed by the Board of Chiropractic 

Examiners under article 4512b, V.T.C.S. See Attorney General Opinion JM-1279 

(1990) (holding that chiropractor may identify himself as “chiropractic physician” if 

‘he also uses one of the following terms: chiropractor; doctor, D.C.; or doctor of 

chiropractic, D.C.). You state that your board has adopted a nJe stating that the 

term refers only to persons licensed to practice medicine. 40 T.A.C. 5 383.1. 

One of the provisions at issue provides that the provisions of article 8851 do 

not apply to 

any qualified and properly trained person or persons acting 

under a physician’s supervision pursuant to Subdivision (1) of 

Subsection (d) of Section 3.06 of the Medical Practice Act 

(Article 4495b, Vernon’s Texas Civil Statutes). 

V.T.C.S. art. 8851, fi 15(b)(6). Since section 15(b)(6) refers to a person acting under 

a physician’s supervision in accordance with a provision of the Medical Practice Act, 

it is clear that “physician” in that context means a person licensed under the Medical 

Practice Act, not a he&h-care professional licensed under some other act. 

P- 459 
Ms. Linda Vaclavik - Page 2 (DM-91) 

The other provision at issue is section 27, which provides: 

An occupational therapist may enter a case for the purposes 

of providing consultation and monitored services and evaluating 

an individual for the need of services. Implementation of direct 

occupational therapy to individuals for their specific medical 

conditions shall be based on a referral from a physician Licensed 

to practice in the State of Texas. 

V.T.C.S. art. 8851, 8 27. When a word or phrase is used in different parts of a 

statute, a clear meaning appearing in one instance will be attached to the same word 

or phrase used elsewhere. Bo&k v. Botiack, 541 S.W.2d 237,240 (Tex. Civ. App.- 

Corpus Christi 1976, writ dism’d). Applying the principle of statutory construction 

set forth in Boriak, we conclude that the term “physician” in section 27, as in section 

15(b)(6), refers to a person licensed by the State Board of Medical Examiners, not 

to other health-care practitioners. See Attorney General Opinion DM-21 (1991) 

(term “physician” in athletic trainer statute refers to persons licensed by the State 

Board of Medical Examiners). 

SUMMARY 

The term “physician” in section 15(b)(6) and section 27 of 

article 8851 V.T.C.S., the Occupational Therapy Title Act, refers 

to persons Licensed by the State Board of Medical Examiners 

under article 4495b, V.T.C.S., not to health-care practitioners 

Licensed under other statutes. 

DAN MORALES 

Attorney General of Texas 

P. 460 
Ms. Linda Vaclavik - Page 3 (DM-91) 

WILL PRYOR 

First Assistant Attorney General 

MARYKELLER 

Deputy Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY (Ret) 

Special Assistant Attorney General 

RENEAHlcKs 

Special Assistant Attorney General 

MADELEINE B. JOHNSON 

Chair, Opinion Committee 

Prepared by Sarah Woelk 

Assistant ‘Attorney General 

P- 461