# THE AIIY,MNEY GENERAL OF-XAS
AUNTIN. TEXAN 78711

November 18, 1975
The Honorable J. H. Arnctte,R. Ph. Secretary Opinion No. H- 737 Texas State Board of Pharmacy 914 Littlefield Building Austin, Texas 78701 Re: Whether aperson acting under the direction ofalicensed practioner ofmedicine, dentistry, or chiropody has the benefit of the exemption which article 4542a, V.T.C~.S., grants tophysicians, dentists and chiropodists. Dear Mr. Arnette: You have requested our opinion regarding whether aperson acting under the direction of alicensed practitioner ofmedicine, dentistry or chiropody has the benefit ofthe exemption which article 4542a, V. T. C.S., grants to physicians, dentists and chiropodists.. Section 8ofarticle 4542a provides, inpertinent part: It shall be unlawful for any person who is not a registered pharmacist underthe provisions ofthis Act to compound, mix, manufacture, combine, preypare, label sell, or distribute at retail or wholesale any drugs or medicines, except in original packages. Provided that all persons now registered as pharmacists inthis State shall have all the rights granted to pharmacists under this Act. Provided, however, that nothing inthis Act shall apply to or interfere with any licensed practitioner ofmedicine, dentistry, or chiropody, who is duly registered as such by his respective State Board of Examiners ofthis S,tate, who shall supply his or her patients, as aphysician, dentist, or chiropodist, and by them employed as such, with such remedies as he or she may desire and who does not keep apharmacy, open shop, or drug store, advertised or otherwise, for the retailing ofmedicines or poisons; and provided, further, that nothing contained in this Act

p. 3135The Honorable J. H. Arnette, R. F’h. -page two (H-737)

shall be construed to prevent the personal administration of drugs and medicines carried by any physician, surgeon, dentist, chiropodist, or veterinarian licensed by his respective Board ofExaminers ofthis State, in order to supply the immediate needs ofhis patients.
. . . Attorney General Opinion WW-829( 1960),answered your question inthe negative, holding that an exempted practitioner may not authorize his nurse or aide to fill and dispense prescriptions for his patients. The Opinion noted that the granting ofthis authority to an exempted practitioner would permit him to create additional categories of exemption beyond those established by the Legislature. InAttorney General Opinion WW-1403(1962), the Attorney General held that alicensed nurse might “carry out the duties ofthe nursing profession by dispensing or administering drugs or medicine as directed by alicensed doctor.

. . .” The Opinion took note ofthe previous ruling, but apparently perceived no conflict. Itbased its conclusion on “the duty ofthe nurse. . . . to carry out the medical treatment prescribed by a doctor for his patient. ” In our opinion, Attorney General Opinion WW-829 controls your question. As the Attorney General there observed, another portion of section 8 exempts ‘certain .aenior pharmacy students operating under the direct supervision ofa registered pharmacist. Itwould appear that ifthe legislature has intended that nurses or other aides should also be exempted, specific mention thereof would have been made. Thus, it is our opinion that aperson acting under the direction ofalicensed practitioner ofmedicine, dentistry or chiropody does not have the benefit of the exemption which article 4542a grants to physicians, dentists and chiropdists..T.his’ is not to’say that pkrsons might not be able to perform siniilsr acts authorized by other statutes. See m art. 4518 relating to professional - nursing.

p. 3136The Honorable J. H. Arnette, R. ph. - page three (H-737)

SUMMARY A person acting under the direction ofa licensed practitioner ofmedicine, dentistry or chiropody does not have the benefit ofthe exemption which article 4542a, V. T. C.S., grants to physicians, dentists and chiropodists. Very truly yours,

Attorney General of Texas

Opinion Committee jad:

p. 3137