### NE-Y ENEZRAL

December 8, 1950

Hon. D. W.Miles, R.D., President Texas State Board of Haturopathic Examiners Houston, Texas opinion No. V-1128. Ret

Dear Sira Authority of the State Board of Naturopathic Examiners to collect a license fee of $50.00 from all applicants who am licensed other than by examination.
followsr Your request for'an opinion is

?e desire the opinion of your substantially as

Office regarding the legality of the State Board of Naturopathic 

### Examiners1requiring all persons liaenssd 

### underthe provisions of Article 4590d, V.C.S., other than those licensed after passing an examination, to pa~l;r;egistration 

### orlicense fee of fifty

. 'At the first meeting of the Board, which was held in IVovember, 1949, it adopted a resolution requiring all persons lltensed under the provisions of Article 45906, V.C.S. to pay a registration or lltense fee of fifty dollars, except in instances where the license wasgranted after examination. 

### Suchfees were to be need in defraying the expenses incurred In licensing qualified applicants and in aiding In the enforcement of the statutes of Texas regulating the practice of naturopathy. TheBoard estimated that the probable expense of lioenses, printing, stationery, per diem, travel, regulation, supervision and other connected expenssa would total about Fifty 

### ($50.00) Dollarsper licensee. After the above resolution was adopted,Eon. D. W.Xiles, B.D., page 2 (V-1128)

the Board adopted and approved the appllcation for license form 

### underthe above provisions. Theform adopted and used required all such licensees to pay the above fee. TheBoard construed the first sentence of Section 

### 3,article 4590dV.C.S. and the next-to-last sentence of Se&Ion 1, article 45906V.C.S. as authorizing the above action. *All licensees 

### underthe above provision have remitted In the above amountas a registration or license fee, and the authority of the Board In requiring said fee has not been challenged by anymemberof the profession. However, the State auditorts offioe has requested that wesecure your opinion relative to the legality of the above. * 

### Section1 of Article 4590d, V.C.S., provides la part: *

. TheBoard mayprescribe ad&nlstrativi rules and regulations, in harmony with the provisions of this title governing Its ownprooeebings and the examlnatlons of appll~ants for the practloe of naturopathy.

. . .Section 

### 3of Article &jgOd, V.C.S., provides in part:

“The State Board of Raturopathic Xxaminers may, In the disoretlon of the Board In each instance, uponpaymentby the appllcants 

### forre Dollars 

### ($50

7lstratlon of a fee of Fifty grant lloense to practice naturopathy to anyreputable naturopathic physlolan whoIs 

### agraduate of a reputable naturopathic college or has qualified on examination for the license of naturopathic qualification 

### fora oommieslon as anaturopathic physician in the Medical Corps of the United States Armyor navy and to llcentlates of other States or Territories having requirements for naturopathic reglstratlon andpractice equal to those estabUsed by this Law.

. . .I.’

. Hon. D. W.Miles, I.D., page 

### 3 (v-1128)

Section 12 of Article 4590d, 

### V~.C.S., provides;

“AnynatuPopathlc physlclan whohas been practlslng naturopathy In this State for three (3) years next preceding the passage of this Act andwhenmembershlp wasnot fraudulently obtained, shall be granted a license under the provisions of this Act, provided however, that any naturopathic physician having resided In Texas ~three 

### (3)years andhaving practiced naturopathy for one (1) year in Texas next preceding the passage of this Act will not be required to have a certificate of proficiency from the MinimumStandards Board as 

### aprerequisite for obtaining such naturopathic 1lcense:~naturopathic physlclans in practice lq this State 

### formore than one (1) year, but less than three (3) years, shall be examined in theory, philosophy, pathology, practice, symptomatology, and diagnosis, peculiar to naturopathy; all naturopathic physlclans whohave been in practice In this State for less than one (1) year shall be required to take examlnatlons as provided in Seotlon 

### 8hereof.* It is well settled as a rule of statutory construction In this State that it Is proper to look to all parts of a legislative Act to ascertain its proper construction andmeaning, that Is, to ascertain the leglslatlve Intent. It Is the legislative intent that is the law. In applying this rule courts will not look alone to one phrase, clause, or sentence of anAct, but to the entire Act, and this Includes the caption, the body of the Act, andthe emergency clause. Trawalter v. Schaefer 142Tex. 521, 179S.W.W 

### 765 ( %&on, 121 Tex. 615, 51 S.W.2d 680 44) P &am V. Pat- -sections 

### 3and 12of Article l&).o Thi. b ing 4590dwill be’coisldered together, andwhenconsidered together it Is reasonable to conclude that the Legislature Intended that a license fee of $50.00 be exacted of all persons licensed under the provlslons of Article 45qOd, except where such license wasgranted after anexamination.

Since the enactment of the provisions under discussion, the State Board of lVaturopatNc,Examiners has followed the practice of requiring all persons lltensed under the provisions of Article 4590d to pay aHon. D. W.Miles, R.D., page 4 

### (v-1128)

license fee of $50.00, except where such license was granted after examination. In fact, a resolution was adopted by the Board In lVovemberof 1949requiring such licenae fee

. As previously observed, such a construction is reasonable and sound. Furthermore, the statute being somewhatambiguous the departmental construction placed onthe Act with respect to the requirement of license fees should be.followed SanAntonio Union Jun%orCollene Mst. v 241 206SW26 99> (1947)

. s!knce AssInv: Holmes, 

### 145T 

### 9461. In view of the foregoing It is our opinion that the Act in question (Art. 4590d, V.C.S.) kuthorlzes the State Board of IVaturopathlc Examiners to collect a license fee of $50.00 from each applicant who is llosnsed other than by examination. SUMMARY Artlole 45904, V.C.S., authorizes the State Board of Iiaturopathia 

### Examinersto collect a license fee of $50.00 from all applicants whoare licensed other than by examlnatlon. APPROVED? Ji C. Davis, Jr. County Affairs Mvlslon Everett Hutchinson Executive Assistant ~Charles D. Mathews First Assistant Bwazlw Yours very truly, PRICEDANIEL Attorney General

hn”c”y’ w Burnell’ Waldrep Assistant