April 15, 

### 1966

Mr. J. Manley Read Executive Secretary Texas Board of Chiropractic Examiner8 819 LittlefieldBuilding Austin, Texas Opinion No. C- 659 Re: Whether Sec. 9 of Art. 4512b,V.C.S., can be construed so as to grant a licenseupon the passing of the examination of the National Board of ChlropraCtiC EXaminer8,WithOUt compliancewith the law regarding reciprocity 80 far as other statesana Bear Sir: Your ing questions:

"1. territories ana.related are concerned

question. opinion request ra18e8, in essence, the two followCan Section 9 of Article 4512b,V.C.S., be construed to allow the granting of a Texas licenseupon the passing of the examination conductedby the National Board of Chiropractic Examiners,without compliancewith the law regard,ing

reciprocity 80 far as other statesand territoriesare concerned. "2. If answer to #l is "yes";doe8 this eliminate the requirements of Section 10 of Article 4512b with reference to examinations?" Article 4512b controls the licensing and other phases of chiropracticpractice in this State.

Section 9 of Article 4512b is quoted, in part, as follows: "TheTexas Board of ChiropracticExaminers shallupon payment by an applicant of a fee of Fifty Dollar8 ($50),grant license to practice chiropractic to licentiatesof other states or territorieshaving requirements and

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Mr. J. Manley Head, page 2 

### (c-659)

ractlces equal to those establishedby the awa of this State. Applications
. . .shall be in writing and upon a form
. . .prescribed by
. . .TexasBoard-of ChiropracticExaminers .appllcationsshallbe accompaniedby a iiiense
. .lawfullyissued
. . .by some other State or territory
. . .alsc,
. .accompanled by an affidavit
. . .bypresident or secretary of the Board
. . .whichIssued the said licenee

. . .recitlngthat the accompanyingnlicensehas not been cancelled or revoked..
. . (Emphasis added) Section 10 of Article 4512b provides in part: "All applicants for license to practice chiropractic In this State, not otherwise licensedunder the provisions of this law,must successfullypass an examinationby the Texas Board of ChiropracticExaminers establishedby this law.
. . . tmpnasls aoaeo1 Nothing Is said In Section8 9 or 10 (above)concerning applicantswho have passed the National Board examinations. Clearly the Legislature Included,under these Sections, all applicants from other states and territories outside of Texac The languageused In Sections 9 and 10 is plain and unambiguous in it8meaning and in such case the law will be applied and enforced as it reads, regardless of policy, fairness or justice of Its effects. Gilmore v.Waples, 

### 108Tex. 

### 167,188 S.W. 

### 1037 (1916);Vaughnvurety Insurance Co., 109 Tex. 

### 298,2Ob S W 920 (1918) Simmons v. Arnim, 110 Tex. a09, I5FFex. 220 S.W. 

### 66’(iwo); Oateli V.HuiZZiF%,



### 588,25 S.W.2d 98,, (1952). In Attorney General's OpinionNo. 

### v-265 (19&T), it was decided that the State Board of Nurse Examiners was not authorized to delegate to the National League of Nursing Education (NationalBoard) the right to prepare and grade examinations for Texas registered nursing applicants. The reason for such decisionwas based on the fact that the Legislaturehad given this **duty** to the State Board and the Board was not statutorily authorized to re-delegate this duty.

Subsequently, this office decided that the State Nursing Board could adopt and utilize examination questions prepared by the National Lea e of Nursing Education. Attorney General'8 Opinion No. 

### v-736

**-3187-**Mr. J, Manley Head, page 

### 3 (C-659)

Both of these prior opinions emphasize the duty that the various State examiningboards have to regulate the various professions, and ascertain the fitness of all applicantsby applying the various lawswith such rules and by-laws necessary to carry into effect the purpose of the law. In other words, both of the prior opinion8 imply that the State examiningboards must make the final determination of all applicants,whether licensedby another state and regardless of whether they have passed the national examinations,before Issuing a Texas license. In the ease at hand, before the Chiropractic examiningboard couldmake a final determination of the ap licants' B fitness, the requirements of Section 9 of Article 512b (Reciprocity requirements)would have to be compliedwith for applicants subject to Section 9.

'Thereare many statuteswhich provide for the issuing of a license in Texas to those licensed to practice the sameprofession in other stateswhich have requirements equal to those of Texas. .Ithas always been the purpose of the Legihlature to ‘Increase the standard of the profession Andyto require higher educational attainments. "It cannot be assumed that the Texas Legislature intended to require less educational attainment bv citizens of other states than was required of the citizens of Te%as in order to be licensed to practice in Texas. Texas State Board of Pharmacy v. Baker, 

### 244 S.W 2d 4T iX.v.App.1931, error ref.)
. 

### (Page’936%7\ .exe It is our opinion that question number onemust be answered in the negative. Passage of the National Board examinations does not exempt one from complyingwith the statutory requirements of reciprocity.

Question number twomust be answered In the negative. Taking and passing of the National Board Examination does not exempt one from complyingwith Section 9 (reciprocityrequirements) or complyingwith Sectlon 10 (examinationrequirements) to obtain a Texas license to practice chiropractic. SUMMARY SectIon 9 of Article 4512b,Vernon's Civil Statutes, shouldnot be construed to allow the granting of a Texas licenseupon the passage of

**-3188-**Mr. J. Manley Head, page 4 (C-659)

the examination conductedby the National Board of ChiropracticExaminers without complyingwith the law of reciprocity so far as other states and territories are concerned. In order to obtain a Texas license to practice chiropractic, it Is immaterialwhether an applicant has passed an examination cond,ucted by the National Board of ChiropracticExaminers. An applicantmust complywith either Section 9 or Section 10 of Article 4512b in order to obtain a Texas license to practice chiropractic. Very truly yours, WAGGONER CARR Attorney General

JCMcC:ml:mkh APPROVEDr OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Lonny Zwiener John Bank8 Robert E. Owen APPROVEDFORTEEATTORREY GENERAL BY! T. B. Wright

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