Hon. Raymond F. Blount

Secretary-Treasurer Opinion No. M-703 Anatomical Board of State of Texas Re: Is a college of osteoUniversity of Texas, Medical Branch pathic medicine chartered Galveston, Texas 77550 and located in Texas entitled tobe represented by membership on theAnatomical Board ofTexas under provisions of

Dear Mr. Blount: Article 4583, Vernon's Civil Statutes?

You have requested an opinion from this office concerning the above question. Your statement of facts reads, inpart, as follows:

"Texas College of Osteopathic Medicine has obtained a charter from the State of Texas, copy enclosed: a faculty has been employed, all ofwhom are on active duty now; and the students for the first year have been admitted andhave accepted. “Texas College of Osteopathic Medicine has the approval of the Texas Association of Osteopathic Physicians and Surgeons, and receives development funds from this organization; also, Texas College of Osteopathic Medicine is accredited by theAmerican Osteopathic Association - copy enclosed - the agency recognized by and designated by the Federal authorities for this function.

-3401-c. .,

Hon. Raymond F. Blount, page 2 (M-703)

"For the first year the College will be located inan entire fiopr of the FortWorth Osteopathic Hospital and adjacent areas. "In summary, Texas College of Osteopathic Medicine isnow an accredited operating medical college in the State of Texas. "Weare now informed that as an accredited medical college inTexas we may become eligible formembership on theAnatomical Board of the State of.Texas..." Yourquestion is: "Does theAnatomical Law of 1907, Section 1 include a college of 'Osteopathic Medicine' along'with the 'usualmedical schools', and this entitle it to representation on theboard?" Article 4583, Vernon's Civil Statutes, is the law applicable to this question and states inpertinent part as follows:

"Theprofessor of anatomy,and theprofessor of surgery of each of themedical schools or colleges now incorporated, and of the several medical and dental schools and colleges which may hereafter be incorporate~din this State are constituted aboard, tobe known as theAnatomical Board of the State of Texas ..." It is the opinion of this office that a College of Osteopathic Medicine duly incorporated and located inTexas is entitled to have theprofessor of anatomy and theprofessor of surgery of such institution accepted asmembers of theAnatomical Board of the State of Texas, upon the presentation by such professors of anatomy andprofessors of surgery of credentials designated byArticle 4583.

-3402.-Hon. Raymond F. Blount, page 3 (M-703)

This office has previously concluded that an osteopath is apractitioner of medicine within themeaning of the law (AttorneyGeneral's Opinion No. v-1024 (1950)). and thepractice of osteopathy has consistently been held to bewithin the meaning of thephrase "thepractice ofmedicine." (AttorneyGeneral's Opinion No. O-1298 (1939)). See alsoArticles 4590e and 4510, Vernon's Civil Statutes. SUMMARY

A college of Osteopathic medicine duly incorporated and located in Texas is entitled to be represented by membership on theAnatomical Board of Texas under theprovisions ofArticle 4583, Vernon's Civil Statutes.

C. MARTIN Atto&y General of Texas Prepared by Sam Jones Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman IvanWilliams Ken Nordquist David Longoria John Banks MEADE F. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -3403-