16 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

GROVER SELLERS 

*nORNn GENEy‘ 

Honorable George 11. Cox 

State IIeiealth Officer ~.* 

Texas State Donrd of Health 

Austin 2, Texas _ 

Dear .Slr; opinion NO. o-7204 

and authority 

.April 3,, 1946, which reads a 

“I enclose the Te 

State law on 

Texas Health 

reference to 

Lsaiction and 

ion of kitchens 

ce to patients 

f the Director of the Fooa 

Bosra of Health were ;uestea in 

title 4465A, V.A.C.S. 

466, Vernon’s Civil Statutes, sets out the 

tor and among other things Set t ion 3 profor sale, or offered Sor sale 1.n this State, 

ana for such purposes he my ontcr, any creamery, 

factory, store’, salesro3m, drug store or. lnborstory or place where he has reason to belLeve 

. 
a.: 

,:. ,. iw 

Honorable George W. Cox - Page 2 r 

. 

'foods or drugs are made, prepared, soid or offered. 

for sale or exchange, and open any cask, tub,- jar, 

bottle. or package containing or supposed to c.ontain 

any article of f00a or drug and examlne or cause 

to be examined the contents thereof, and he shall 

take samples therefrom ana make analysis thereof. 

When making such inspection he shall seal and mark 

such sample and tender to the vendor or person 

havrng custody of same the value thereof, and a : 

vritten statement stating the reason for taking 

such sample.” 

The’lnspeoting officer is further protected by Article 

716, Vernon’s Annotated .Penal Code, in the following language: 

“MO person shall vill.fullg hinder or obstruct 

the director of the food and drug division of thee.‘. 

State Board of Health, or his Inspector or other 

person duly .authorized by him in the exercise of :’ 

the pcwers conferred upon him by, the laws of this 

State.” : 

The &onaaras of qualification of sanitary employees 

: 

and the. sterilization oft dishes for public eating and sleeping 

places are set .forth in Section 1 of Article 705c, and Section 

2 of particle 7.001, of Vernon’s Annotated Penal Code, .which read. 

respectively as follows: : 

: i : 

“No person, firm,’ corporation, common carrier. 

or associat.ion operating, managlng, or conducting 

any hotel or any other public sleeping or eating 

’ .place,’ or any place or vshiclc where food or drink 

or contsjnors therefor, of any kind, is munufacturea, transferred, prepared, stored, packea, served, 

sold, ‘or otherwise handled in this State, or any 

manufacturer or vendor of candies or manufactured -’ 

sweets, shall work; employ, or keep in ~their employ, : . 

In, on, or about’ any said place or vehicle, or have 

delivered any article therefrom, any person infected 

vith any transmissible condition or ally infedtious 

or contagious diseases, or work,. or employ any 

person to work in, on, or about said place, or to 

deliver any article therefrom, Vhoj at the time 

of his or her enploymsnt, failed to deliver to the 

employer or his agent, a certificate signed by a 

legally lfcensea. phy$ician, resfding in the county 
Honorable Georg0 V.~Cox, Prae 3 

vhere said person is to be employed, or is employed, 

attestin tho fact that the beorcr had been actually 

ana.thorou@ly ex&ned by ‘such physician vlth%n 

a veek prLor to the time of such employment, and 

tbat such exsrzination disclosed the fact that such 

person to bo employed vas f&o from any transmissible condition of any Infectious or contag2oun 

diaeaoo; ol? feil to illatitute alla have lmljo, at 

lntemrals oi’ t:me not cxceedii?g SIX mnt?xs, actual 

and thorough examlnat’;lons, essential to~thc findiugs of freedom from ca+~unlc~bls and lnfeceious 

diseases, of aI13 such CmpZLoyeos, by a legally 

l.lk.onsed phys%dian resj-ding In the county vhero 

said person is employed, and secure in evl&nco 

the$eof a cert~fioato signed by au& physician 

‘stating that such oxa~inatlons had beon made of 

snch.pascrson, dincloclag the fact that he or she 

wag fre&Yrom .&y’traxxmias~b.ble oondition of any 

communicable ana infectious diseases.” a ; . . 

., _. y.~ 

,-_ “SO‘C’? 2i Stez9lizatlon of Diahos, Recopta- 

. ~~“cJles;~or UtensEldi - IT0 poraon, Lirm, corpox3tion, 

02 nssoclation operating, mn2qLng, or conducting ens hotel; cafe restaurant, dining car, drug 

store, soda vater fountain, meat market, bakery, 

-orconfeotionery, ILquor dispensary or any otiier 

e~steblislment >fizere food or drin?~ of any kind.is 

served or pmmlt~ed to be served to the public, 

shall furn3.rb~to any person any dlah, receptacle 

or utensil used in eating, d2inklr11, 02 oonveying food if suoh dish, xeceptaolo, or utens%l 

has not been vashed after c&oh service until cl&n 

to the si.@nt end touch in v&i \la2or contcinfag 

soap or alk&lf &~anser~ hfter cloalns, aCLL1 ,’._ 

glades, dishes, silvcrvaro, end other roceptccles 

and utonolls ahaX bo placed In wfro cog00 ond ‘. 

:~ immersed in-n still bath of cloer vatcr hoc&d 

.to a minimxa tcmpwctwc.of 170° F. for at least 

F tlwee nlnutes or tvo minutes at U?O” F. Upon 

r~~moval.fro~~ 41~~3 hot vzter, ax1 &la3303, dishes, .. 

sllyxwa~e, ml. other rocoptaclon aa utmmils 

&iLl be sto~od in 8ud1 c rmmer as not to becok 

contaminc;ted. bOVia0a thd the State BOWa Of 

HwiLtli nay a&vovO othcs equally effective m&hod3 

. . 

.; 

.I 

. .*. 

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? : 19 

Honorable George W. Cox, Page 4 

of 'treatment by steam or hot water that m&et with 

the minimun~requirements for the safety of the 

public health, as prescribed by the State Do&d of 

Health, that~ are not inconsistent vith. this Act. 

When paper receptacles, ice cream cones,, or other 

single service utensils are used for serving food 

or drinks, they must be 2:ept in a sanitary manneri 

protected from dust, flies, and other contaminations. ’ 

‘. 

: The above statutes set out the authority and dutles 

.‘of the State Realth Officer In public eating and sleep1 

places . 2 

V.A.C.S., 

In pnssing, your attention is directed to Art. 477-1, 

which sets out the mlnFmum standards OS sanitation 

and health protection. The question now is whether a hospital 

is such an institution as to come within that classification. 

13 Ruling Case Lav, page 938, defines a ,hospital in 

the Sol1bwi.1~ language: 

“In Its’uidest sense a. hospital ls~a place 

apprcpriated to the reception of tersons sick 

or infirm in body or mind . . . . 

“The term ‘hospital’ is often used synchroaonsly if not synonymously with ‘asylum uhich 

1.8 defined to be an institution Sor ‘receiving, 

maintaining and, as far as possLble,, amellorat-, 

ing the condition of persons suffering from 

bodily deSects, mental maladLes, or other mS.sfortunes, as en orphan asylum, asylum for the 

blind, or asylum for the insane, and etc.” ; 

(Underscor$ng ours) 

People v. Hutchings, 114.H. E. 444: “Decent 

and respectful treatment implied in the contract 

between a private hospital. and a .paticnt . ” 

Smith v. Duke University,’ 14 9.X. (2d) 643: 

“Ordinarily, Q hospital undertakes only to furnish 

room, food, facLlities for operation, and nttendante, and Yts not liabl8 for injuries resulting 

from the negllgmcc OS a. physician . , . .’ 

The services rondered by EI hospital.arc set out in 

Southern Surety v. Dealrd, 235 S. \J. 240, by the El PQSO Court 

of Civil Appdals, in vhich writ of errs was dismissed by the 

Supreme Court , In the ,followlng lau~unge : 

. 
- . . . 

‘NonorablQ :$eorge tf. Cox, P-e 5, 

“The articles on hospitals vo have oxaminod 

do not specify the sorvlcos o?dinmily rqndered 

by hospitals. WQ can hovover QmSZne tho inqonvenicnco snd utter lack of vhat would bo ex*titod 

of a hospital service that did not fwnish corn 

oaxa, txAl.s, heat &on ncsded, and aHAfici&l. 

l;f&ht to a totally disabled anployeoi" 

The tibovc cam was folloved in tho case of Comon 

Casualty Insurance Co. v. Hilton, 55 S. M. (2d) 1271 

.:~ “The c.sr8, neaJ.s, mdicdl atteellCion, c&c., 

furnished to.a dicablod ec~ployoe comenserato 

with hPs mods omz~included in hospital services 

* l 2î 

1% is, therefore, ow op'lnlon that under:the above 

quoted statutes, *he State Eoclth OSffcor has the power to 

.‘inspeal .kitchena and food prapwation and PO& ~ervloe to 

patients in public or private hospltala, 

. ivory truly youra 

. - 

Al’TOR3BY i3TNWL HOP ‘IBXAs ‘, 

W. P. Watts 

Assistant