THEATCORNEY GENERAL 

OPTEXAS 

Texas State Board of Pharmacy 

Insurance Building 

Dallas, Texas 

Dear Sirs: Opinion No. O-3818 

Re: Whether a manufacturer having 

in his employ a physician Is 

entitled to a license although 

a registered pharmacist fs not 

employed. 

We are pleased to comply with your letter of July 25, 

1941, which reads as follows: 

"The Texas 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 

license permitting-him to mix OP manufacture 

drugs or medicines, although he may have in 

his employ a physiclan, dentist, veterinarian, 

or a chlropodlst. 

"Since we have refused to issue several 

permits, awaiting your oplnlonfi an early reply 

will certainly be 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 shall be construed'to prevent the administration or compoundlng of drugs 
Texas State Board of Pharmacy, page 2 O-3818 

and medicines carried OP kept by licensed physiclans, dentists, veterinarians and chiropodistd 

in order to supply the needs of thefr patients; 

* * * not to prevent licensed physicians, dentists, 

veterinarians and chiropodists from compounding, 

manufacturln# and selling any medicines of their 

own formula. 

Section 17 of this Act then provides, as pertinent, as 

follows: 

"***+ and every manufacturer of drugs and 

meiiiclnes as defined herein, after the passage of 

th:ls Act shall procure 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 ownership and location, and the name, 

with the certificate number, of the pharmacist registered in this State, or uhysician, dentist. veterlnarian or chlropodlst who is to be continuously 

emrllosed bs the pharmacy or drw store OP factory. 

* T+ *-* Thk permit provided for-herein shall be I&- 

sued annually by the Board upon a receipt of proper 

ap)llcatlon accompanied by 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 Pharmacy Law, the Board 

is requLred to issue a license to any person manufacturing 

drugs and medicines if a physician, dentist, veterinarian or 

chiropodist Is shown to be continuously employed by the manufacturer. 

It is not required that a registered pharmacist be 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 Committee By REK Chairman