### THEATCORNEY GENERAL OPTEXAS

Texas State Board of Pharmacy Insurance Building Dallas, Texas Dear Sirs: OpinionNo. O-3818 Re: Whether a manufacturer having in his employ a physician Is entitled to a license although a registered pharmacist fsnot employed. We are pleased to complywith your letter of July 25, 1941, which reads as follows:

"TheTexas Board of Pharmacy has in the past received many applications and requests for permits from persons and firms desiring to manufacture different kinds of drugs and medicines but who do not have In their employ a reglstered.

pharmacist, and instead have employed physicians,dentists, veterinarians, and.chfropodists. "This letter is to ask your opinion on whether or not; under the Texas Pharmacy Law, a manufacturer,who does not have a registered pharmacist in his employ, Is entitled to a licensepermitting-him to mix OP manufacture drugs or medicines, although he may have in his employ a physiclan,dentist, veterinarian, or a chlropodlst. "Sincewe have refused to issue several permits, awaiting your oplnlonfi an early reply will certainlybe appreciated. Section 8 of Article 4542a~, Vernon-'s

Annotated Civil Statutes, after declaring certain acts unlawful pertaining to the requirements for the registration of pharmacists, contains the following language:

'I* * l and provided further that nothing contained In this Act shallbe construed'toprevent the administration or compoundlng of drugsTexas State Board of Pharmacy,page 2 

### O-3818

and medicines carried OP kept by licensedphysiclans, dentists, veterinariansand chiropodistd in order to supply the needs of thefr patients; * * * not to prevent licensedphysicians,dentists, veterinariansand chiropodists from compounding, manufacturln#and selling any medicines of their own formula. Section 

### 17 of this Act then provides,as pertinent, as follows:"***+and everymanufacturer of drugs and meiiiclnes

as defined herein, after the passage of th:ls Act shallprocure from the Board a permit for each store or factory to be operated, by maklng within six 

### (6)months appllcatlon to the Board upon a form to be furnished by said Board, setting forth under oath ownershipand location,and the name, with the certificatenumber, of the pharmacist registered in this State, or uhysician,dentist. veterlnarian or chlropodlstwho is to be continuously emrllosed

bs the pharmacy or drw store OP factory. * T+*-* Thk permit provided for-herein shallbe I&- sued annually by the Board upon a receipt of proper ap)llcatlon accompaniedby a fee of Two Dollars t $4 ; this permit to be displayed conspicuously at all times in the store OP factory of original Issue. * 4k*

." (Emphasis ours) Under these provisions of the PharmacyLaw, the Board is requLred to issuea license to any person manufacturing drugs and medicines if a physician,dentist, veterinarian or chiropodist Is shown to be continuously employedby the manufacturer. It is not required that a registered pharmacistbe employed, the disdunctive "OP physician,dentist, veterinarian OP chlropodlst,,demonstrating the legislative intent in this respect. Yours very truly ATTORNEY GENERAL OF TEXAS ZCS:RS::wc APPROVX.0

AUG 

### 7, 1941 s/Grover Sellers FIRST ASSISTANT ATTORNE'Y

GENERAL By s/Zollle C. Steakley Zollie C. Steakley

Assistant

Approved Opinion CommitteeBy REK Chairman