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 Chiropractic Examlners to Issue licenses 

by reciprocity with States 

which require basic scfence 

examination but in which 

Dear Dr. McCoy: 

these applicants are 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 individual received his Tennessee 

Basic Science certificate by examination. 

"We have received Information from the 

Secretary of the Tennessee State Board of 

Chiropractic Examlners to the effect that 

Chiropractors who were licensed prior to 

1947 by examination in Tennessee are exempt 

from the Tennessee Basic Science Law. 

“Dr. Carrick, Secretary of the Tennessee Chiropractic Board, advises that .*. 

(upon the advice of Legal Office of Regulatory Boards) thoee lloensed prior to 1947, 

are exempt from it, and that in his opfnfon 

a photostatlc copy 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 Sciences of Tennessee has ruled 

that the Tennessee Chiropractic Board can 

certify that licenses prior 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 provlslons of 

the basic science act in his state at the time of receiving his license, may be granted a license by reciprocity In this State to practice chiropractic without 

first getting a certificate of proficiency In the basic 

sciences. 

Section 9 of Article 4512b, V.C.S. (Chlropractlc Law), provides: 

"The Texas Board of 'Chiropractic Examiners shall . . grant license to practice 

chiropractic to licentlates of other states 

or terrltorlea having requirements and practices equal to those established. by the laws 

of this State.... Said application shall be 

accompanied by 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) 

"(Emphasis supplied 

Section 7 of H.B. 103, Acts 51st Leg., R.S., 

1949, ch. 95& p. 170 commonly referred to as the "Basic 

Sciences Law (Art. 459Oc, V.C.S.), is as follows: 

"Ho certificate shall be issued by the 

Board unless the person applying for it 

submits evidence, satisfactory to the Board, 

. . . (6) that he has a comprehensive knowledge of the basic sciences as 

passing the examination given 

as by thl A t required. This shall not be 

construedstoCprevent the issue of certlffcates under the provisions of Section 8 of 

this Act." 

Section 8, above referred to, says: 

"The Board shall waive the examination 

required by Section 7s when proof satlsfactory to the Board is submitted, showing 

$;itEha;e;$ applicant has passed In another 

itory, or District of Columbia, 

an exknatlon in'the basic sciences before 

a board of examiners; (2) th t the requfrsments of that State, TerritoEy, or Dfstrlct 
Hon. M. B. McCoy, D.C., page 3 (v-1081) 

of Columbla are not less than those required 

by thls Act as a condition precedent to the 

lssne of a certlrlcate; (3) that the board 

of examiners in that State, Territory, or 

District of Columbia grants like exemption 

from examination In the basic sciences to 

persona holding certificates from 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 proficiency In the basic sciences before 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 exception to this rule 

Is that the Board of Basic Science Examiners may waive 

the examlnatlon for such certificate of proficiency when 

the provisions of Section 8 of the Act are met. 

In your particular factual 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 requirements of this state. In answer to the 

following question: 

"Question lo. 5. "If you have answered 

Question no. 1 In the afflrmatlve, what effect will this have on the applicants whose 

applications for license by reciprocal endorsement were approved on June lVth? Lltense certificates were signed on June 17th 

for approximately 200 applicants, and are 

now ready to b.e sent 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 recelvlng your request for oplnIon, you have advised that this questfon 
Hon. M. B. NoCoy, D.C., page 4 (~-1081) 

should be limited to those applicants who 

filed after the efieotive date 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 effective date, 

April 28, 1949, House Bill 103 clearly requires certiiicates of proilclenoy in the 

basic sdiences beiore the Issuance of llsenses to practice. Since the Basic Soience Law indicates that no license shall be 

issued before obtaining a certificate of 

profiolenoy and slnoe no examlnatlon SOP 

admission by reciproalty is required, It 

Is our opinion that the Board of Medical 

Examiners may hold In abeyance the appllcatlons of those to be admltted to practice 

the healing arts by reciprocity until such 

time as the applicants ppay obtain from the 

Basic Sciences Board the certlilaates of 

proficiency required by law. Upon receipt 

of suah certificatea of proficiency In the 

basic sciences by the Board of Medical Examiners euah Board would be authorized to 

Issue all lioenses which were signed bn 

June 11th by virtue of reciprocal agreements. 

In view of the foregoing, It 18 our opinion 

that the chlropraators In question may not be granted a 

license to practice chiropraotlc in the State of Texas 

by reciproaity rlnce they do not have certificates of 

proficiency in the Basic Sciences. 

SUNNARY 

Chiropractors of another state, who at 

the tfme of their receiving licenses, were 

exempt In such state from the provisions of 

the Basic Sciencle Aot, may not be granted a 

license by reciprocity to practice chlropractic in this State without first procuring a 

certificate of proflcienay In 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