NEY GENEKAL F 1 ’EXAnS

Hon. M. B. McCoy, D.C., President Board of Chiropractic Examtnere Austin, Texas Opinion NO. v-1081
Rer The authority of the Texas Board of ChiropracticExamlners to Issue licenses by reciprocity

with States which require basic scfence examination

but in which
Dear Dr. McCoy: these applicantsare exempt from such examination.
Your request for an opinion Is as follows: “This Board haa received information from the Texas Basic Science Board to the effect that it has established a reciprocal arrangement

with the State of Tennessee, where the individualreceived his Tennessee Basic Science certificate by examination.
"We have received Informationfrom the Secretaryof the TennesseeState Board of Chiropractic

Examlners to the effect that Chiropractors

who were licensedprior to 1947 by examination in Tennessee are exempt from the TennesseeBasic Science Law. “Dr. Carrick, Secretary of the Tennessee Chiropractic

Board, advises that .*. (upon the advice of Legal Office of Regulatory Boards) thoee lloensedprior to 1947, are exempt from it, and that in his opfnfon a photostatlccopy of license, or a certlfied copy of the Law on the Basic Sciences of his State should be sufficient proof for the Texas Board to act on. The Board in the Basfc Sciencesof Tennesseehas ruled that the TennesseeChiropractic Board can certify that licensesprior to February, 1947, are exempt from the Basic Science Law.” (Parenthetical

material supplied)-

Hon. M. B. ClcCoy,

D.C., page 2 (v-1081)

You desire to a foreign state who was ._ _ know whether a chiropractor of exempt from the provlslonsof the basic science act in his state at the time of receivinghis license,may be granted a license by reciprocity In this State to practice chiropractic without first getting a certificateof proficiencyIn the basic sciences.Section 9 of Article 4512b,V.C.S. (Chlropractlc Law), provides:

"The Texas Board of 'ChiropracticExaminers shall

.. grant license to practice chiropractic

to licentlatesof other states
or terrltorlea

having requirementsand practices equal to those established. by the laws of this State.... Said applicationshall be accompaniedby a license, or a certified copy of license to practice chiropractic, lawfully Issued to the applicant,u on examination,by some other state or ThEGy f th United States.... :hrou:hout) "(Emphasissupplied

Section 7 of H.B. 103, Acts 51st Leg., R.S., 1949, ch. 95& p. 170 commonlyreferred to as the "Basic Sciences Law (Art. 459Oc,V.C.S.), is as follows:

"Ho certificateshall be issued by the Board unless the person applying for it submits evidence, satisfactory to the Board,

.. . (6) that he has a comprehensiveknowledge of the basic sciences as passing the examinationgiven as by thl A t required. This shall not be construedstoCprevent the issue of certlffcates under the provisionsof Section 8 of this Act." Section 8, above referred to, says: "The Board shall waive the examination requiredby Section 7s when proof satlsfactory to the Board is submitted,showing $;itEha;e;$ applicanthas passed In another

itory, or District of Columbia, an exknatlon in'the basic sciencesbefore a board of examiners; (2) th t the requfrsments of that State, TerritoEy,or DfstrlctHon. M. B. McCoy, D.C., page 3 (v-1081)

of Columbla are not less than those required by thls Act as a conditionprecedent to the lssne of a certlrlcate; (3) that the board of examinersin that State, Territory, or District of Columbiagrants like exemption from examinationIn the basic sciences to persona holding certificatesfrom the State Board of Examlners In the Basic Sciences In Texas;

. ..* (H.B. 103 as amended by H.B. 915, Acts 51st Leg., R.S., 1949) Section 1 of Article 459Oc (Basic Sciences Law) requires that a person must obtain a certificate of proficiencyIn the basic sciencesbefore being examined for a license to practice the healing arts or to be granted a license to practice the healing arts. For the purposes of this opinion, an exceptionto this rule Is that the Board of Basic Science Examinersmay waive the examlnatlonfor such certificateof proficiency when the provisionsof Section 8 of the Act are met.

In your particularfactual situation,the Texas Board of Chiropractic Examiners could Issue a lltense by reciprocity with those states having similar quallflcatlons for the practice of chiropractic. However, the fact that an applicant Is exempt under the laws of his state would not obviate the necessity of his meeting the requirementsof this state. In answer to the followingquestion:

"Questionlo. 5. "If you have answered Questionno. 1 In the afflrmatlve, what effect will this have on the applicantswhose applications

for licenseby reciprocalendorsementwere approved on June lVth? Lltense certificates were signed on June 17th for approximately

200 applicants,and are now ready to b.esent out, should the Board send out these license certificates wlthout having obtained a basic science certificate, even though there is no Board of Basic Sclence Examlners to Issue a basic science certificate?'" the Attorney Qeneral, In Oplnlon Ro. V-867, dated 3uly 30, 1949, stated:

'Slnae recelvlngyour request for oplnIon, you have advised that this questfonHon. M. B. NoCoy, D.C., page 4 (~-1081)

should be limited to those applicantswho filed after the efieotivedate of the Act, since action had already been taken on those which were filed before suah date. On applications,

filed, and obviously to be aated upon after the effectivedate, April 28, 1949, House Bill 103 clearly requires certiiicates of proilclenoyin the basic sdiences beiore the Issuance of llsenses to practice. Since the Basic Soience Law indicatesthat no license shall be issued before obtaining a certificateof profiolenoyand slnoe no examlnatlonSOP admissionby reciproaltyis required, It Is our opinion that the Board of Medical Examinersmay hold In abeyance the appllcatlons of those to be admltted to practice the healing arts by reciprocityuntil such time as the applicantsppay obtain from the Basic Sciences Board the certlilaates of proficiencyrequiredby law. Upon receipt of suah certificatea of proficiencyIn the basic sciences by the Board of Medical Examiners euah Board would be authorizedto Issue all lioenseswhich were signed bn June 11th by virtue of reciprocalagreements. In view of the foregoing,It 18 our opinion that the chlropraators In questionmay not be granted a license to practice chiropraotlcin the State of Texas by reciproaityrlnce they do not have certificatesof proficiencyin the Basic Sciences. SUNNARY Chiropractorsof another state, who at the tfme of their receiving licenses,were exempt In such state from the provisionsof the Basic Sciencle

Aot, may not be granted a licenseby reciprocityto practice chlropractic in this State without first procuringa certificateof proflcienayIn the basic ealences; I.e., without taking and passing an examination. APPROVED8
J. C. Davis, Jr. County Affairs Divlalon
Joe R. (freenhlll First Aasletant BW:bh:db Yours very truly, PRICE DAHIEL Attorney Qeneral

BYAssistant