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OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN GROVER SELLERS *nORNnGENEy‘
Honorable George 11.Cox State 

### IIeiealthOfficer ~.* 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 amongother things Settion 

### 3 profor sale, or offered Sor sale 1.nthis 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

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'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 makeanalysis thereof. Whenmaking 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:

“MOperson 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 :

“Noperson, firm,’ corporation, commoncarrier. 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 countyHonorable Georg0 V.~Cox, 

### Prae 3

vhere said person is to be employed, or is employed, attestin tho fact that the beorcr hadbeen 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 

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

### diseases, of aI13such CmpZLoyeos, by a legally l.lk.onsed phys%dianresj-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 hadbeon madeof snch.pascrson,dincloclag the fact that he or she wagfre&Yrom .&y’traxxmias~b.ble oondition of any communicable ana infectious diseases.”

a; .. ., _. y.~ ,-_ “SO‘C’?

2i Stez9lizatlon of 

### Diahos, Recopta-

. ~~“cJles;~orUtensEldi - IT0poraon, Lirm, corpox3tion, 02nssoclation 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 >fizerefood or drin?~of anykind.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 \la2orcontcinfag soap or alk&lf &~anser~ hfter 

### cloalns, aCLL1 ,’ ._ glades, dishes, silvcrvaro, end other roceptccles andutonolls ahaX bo placed In wfro cog00 ond ‘

. :~ immersedin-n still bath of cloer vatcr hoc&d .to a minimxatcmpwctwc.of 170° F. for at least F 

### tlwee nlnutes 

### or tvo minutes 

### atU?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 

### HwiLtlinay a&vovO othcs equally effective m&hod3

. . .; .I . .*.

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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. Whenpaper 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 OSsanitation 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 1.8defined 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, Qhospital undertakes only to furnish room, food, facLlities for operation, and nttendante, and Ytsnot liabl8 for injuries resulting 

### from the 

### negllgmcc OSa.physician

. , . .’ The 

### services rondered 

### by EI hospital.arc 

### set out 

### in Southern Surety v. Dealrd, 235 S. \J.240, by the El PQSOCourt of Civil Appdals, in vhich writ of 

### errs was dismissed by the SupremeCourt, 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. WQcan hovover QmSZnetho 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, andaHAfici&l. l;f&ht to a totally disabled anployeoi" The tibovc cam wasfolloved 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 andfood prapwation andPO& ~ervloe to 

### patients in public or private hospltala,

. ivory truly youra

. - Al’TOR3BY i3TNWL HOP‘IBXAs ‘,



### W. P. Watts Assistant