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 a person acting 

under the direction of a licensed 

practioner of medicine, dentistry, 

or chiropody has the benefit of 

the exemption which article 4542a, 

V.T.C~.S., grants to physicians, 

dentists and chiropodists. 

Dear Mr. Arnette: 

You have requested our opinion regarding whether a person acting under 

the direction of a licensed practitioner of medicine, dentistry or chiropody 

has the benefit of the exemption which article 4542a, V. T. C. S. , grants to 

physicians, dentists and chiropodists.. Section 8 of article 4542a provides, 

in pertinent part: 

It shall be unlawful for any person who is not a 

registered pharmacist underthe provisions of this 

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 in this State shall have all the rights granted to 

pharmacists under this Act. Provided, however, that 

nothing in this Act shall apply to or interfere with any 

licensed practitioner of medicine, dentistry, or chiropody, who is duly registered as such by his respective 

State Board of Examiners of this S,tate, who shall supply his or her patients, as a physician, dentist, or 

chiropodist, and by them employed as such, with such 

remedies as he or she may desire and who does not 

keep a pharmacy, open shop, or drug store, advertised 

or otherwise, for the retailing of medicines or poisons; 

and provided, further, that nothing contained in this Act 

p. 3135 
The 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 

of Examiners of this State, in order to supply the 

immediate needs of his patients. . . . 

Attorney General Opinion WW-829( 1960),answered your question in the 

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 of this authority to an exempted practitioner would permit 

him to create additional categories of exemption beyond those established by 

the Legislature. 

In Attorney General Opinion WW - 1403( 1962), the Attorney General held 

that a licensed nurse might “carry out the duties of the nursing profession by 

dispensing or administering drugs or medicine as directed by a licensed 

doctor. . . . ” The Opinion took note of the previous ruling, but apparently 

perceived no conflict. It based its conclusion on “the duty of the 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 of a 

registered pharmacist. It would appear that 

if the 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 a person acting under the direction of a licensed 

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

SUMMARY 

A person acting under the direction of a 

licensed practitioner of medicine, dentistry 

or chiropody does not have the benefit of the 

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