# The Attorney General of Texas August 10, 1978
JOHN L. HILL Attorney General
Honorable John J. Kavanagh, M.D. Commissioner Opinion No.H- 1227 Texas Department ofMental Health and Mental Retardation Box 12668,Capitol Station Austin, Texas 78711 Re: Whether the Texas Department of Mental Health and Mental Retardation may furnish housing facilities, meals, and laundry service to employees who are interns in disciplines that are not medically related. Dear Commissioner Kavanagh: Youhave requested an opinion regarding construction ofa provision of the Appropriations Act applicable to the Board of Health Resources, the Texas Youth Council, and the Texas Department ofMental Health and Mental Retardation. The provision, first placed in the Appropriations Act in 1959, provides: As compensation for services rendered, any institution under the jurisdiction of the respective governing boards may provide free meals for food service personnel and volunteer workers, and may furnish housing facilities, meals and laundry service in exchange for services rendered by interns, chaplains in training, and student nurses. (Emphasis added). Acts 1977,65th Leg., ch. 872, art. II, S2(b), at 2797. You are specifically concerned with the proper construction tobe given
“interns.” The issue is whether “intern” means a medical intern, a doctor in training after completion of medical school, or extends to individuals in training in other disciplines such as psychology, occupational therapy and recreational therapy. Wefind no direct guidance from the legislature or the courts construing the word“intern.” Intern hasbeen defined as

an advanced student or recent graduate in a professional field (as teaching) who is getting practical experience under the supervision of an experienced worker.

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P. 4905Honorable John J. Kavanagh, M.D. - Page 2 (H-1227)

Webster’s Third NewInternational Dictionary R60(3rd ed. 1961). In giving meaning to “interns” we must examine the purpose and intent ofthe legislature in giving meals, housing, and laundry services as compensation to student nurses, chaplains in training, and interns. Webelieve that the purpose of this allowance is to provide additional compensation to employees in professional training who are customarily paid alow or nominal salary. In 1959,when the rider first appeared, the Appropriations Act provided student nurses with the lowest salary of all positions specified for the state hospital, special schools, and the Texas Youth Council. There was noclassified position for a “chaplain in training,” although there were positions of“chaplain.” The word intern wasused to describe only one classified position - ‘Clinical Psychologist Interne” - whose salary was below average. Acts 1959,56th Leg., 3dC.S., ch. 23, at 491. Wenote that this use of “intern” by the legislature in 1959was not referring to a physician intern. The clinical psychologist intern was not listed with the “medical series” positions. This leads us to conclude that the word “intern” should be broadly defined to include individuals in training to acquire experience which might lead to professional status, i.e., therapists, psychologists. Wenote that under article R,section 2(b)of the 1977 General Appropriations Act, employees who are not interns, chaplains in training, or student nurses must pay for meals, lodging, and laundry. SUMMARY The Texas Department of Mental Health and Mental Retardation may furnish housing, meals, and laundry service to employees who are interns in nonmedically related disciplines. Very truly yours,

Attorney General ofTexas APPROVED:

%d DAVIDM.KENDALL, First Assistant &U,JT&
C. ROBERT HEATH, Chairman Opinion Committee

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