.AusTI~‘. TEXAS 

January 5, 1949 

Hon. C. H. Robinson, President 

State Board of Chiropody Examiners 

826 Fair Building 

Fort ?lorth, Texas Opinion No. V-758. 

Re: Reinstatemrnt of Chiro$ody licentiates whose 

licenses have been suspended or revoked. 

Dear Sir: 

Xe refer to your letter in which you submit: 

1. May ths Board require licentiates whose 

licenses have been suspended or revoked for non-paplment of an annual renzT:ral fee to pass the regular examination as provided in Article 4569 V. C. S., including payment of the ,~f:Z;.OO examination fee? 

2. May the Board permit forner licentiates 

who do not possess the educational qualifications prescribed by Article 4570, to be re-examined after their 

licenses have been suspended or revoked? 

3. May the Board require of a former licentiate whose license has been suspended or revoked under 

the provisions of Article 4571, to pass the regular examination, before reinstating or issuing a new license, 

who nay qualify by reasons of educational attainments 

provided for in Article 4570, and not require of another former licentiate whose license has been suspended 

or revoked under provisions of Article 4571, who may 

not qualify by reasons of not having attained the education provided for in Article 4570? 

4. Does the "discretion" of the Board, as 

provided in the Act, permit this board to reinstate 

one former licentiate and refuse to reinstate:other 

former licentiates? In other words, would such reinstatement and refusal of reinstatement, based upon the 

Board's knowledge of the personal and professional histories of the applicants, be held to be exercising "discretion," or would it be construed to be "discrimination?" 
Hon. C. H. Robinson - Page 2 (V-758) 

5. May former licentiates be reinstated by 

fulfilling the only requirement of paying the current 

renewal fee, or must all renewal fees in arrears be 

paid, plus the current renewal fee? 

6. May former licentiates be reinstated by 

payment of the current renewal fee, or must all fees 

in arrears be paid? 

We refer to the following laws which are pertinent to your inquiry: 

Article 4569, V. C. S. provides for the,ex-~' 

amination and re-examination of applicants for license 

to practice chiropody in this State. ,Each,such applicant is required to pay an examination fee of $35.00. 

It is also thrrein provided that "Any applicant failing in the examination and being refused a license 

shall be entitled to a re-examination at the next regular session of said Board within ,one year. Any appiicant failing on re-examination shall be required to pay 

an additional fee and shall be required to be re-examined in all subjects." (Emphasis added throughout) 

Article 4570 prescribes the qualifications 

of applicants for such licenses. It reads: 

"All applicants for license to practice chiropody in this State, not otherwise 

licensed under the provisions of law, shall 

present satisfactory evidence to the State 

Board of Chiropody Examiners that such applicants have attained the age of twentyone (21) years, are of good moral character 

and are free of all contagious and communicable diseases, and furnish a certified certificate of health to that effeC.t, and are 

citizens of the United States of America 

and who are graduates of at least a sixteen 

(16) unit high school, whose credits are 

acceptable without condition for matriculation at the State University of the State 

in which the applicant's high school graduation was attained. The applicant shall 

present satisfactory evidence of graduation 

from a bona fide reputable school of chiropody in the form of a diploma which has 

conferred the degree of Doctor of Surgical 

Chiropody, to the State Board of Chiropody 
Bon, C. H, Robinson - Page 3 (V-733) 

Examiners,. Such chiropody schools may be 

considered reputable, w,Zthin the meaning 

of this Aot, whose entrence requirements 

and oourse of instruction are as high as 

those adopted by the University of Texas, 

and whose course of instruction shall embrace at least four (4) terms of at least 

eight (8) month8 each, and which meets 

the requirements of the State Board of 

Chiropody Examiners. Provided, however, 

the Board may, In its discretion, aooept 

appli~oants from chiropody schools whose 

Course of instruction embraces,. at least 

__,i rtm2”f3j %#fOv of .at ,least ed’ght (8) 

*months eaoh* and-provides for one term 

of eight (8) months instruction in a recognized college of liberal arts or soiences shall be approved by this Board.” 

Article ,457l requires eaoh such licensed 

ohiropodist to pay an annual renewal fee of $10.00 

and that: 

n 

piy’his 

When a chiropodist shall fail to 

annual renewal fee by March lst, 

it shall be the duty of the Board of 

Chiropody Examiners ,to notify such chiropodist at his last known address, by 

mail, that said annual renewal fee is 

due and unpaid. Thirty (30) days after 

the date of mailing said notice, it 

shall be the duty of the Board un?%r 

this Act to declare the license suspended or revoked for nonpayment of the annual’renewal fee . . , After th B d 

fl 4 ‘1’ d’ ‘1 icense suspended o%& 

v%edT’a?;ro%ded for $n this Act the 

Board may thereafter in its discretion 

refuse~jto reinstate such license or lssue a new license until such chiropodist, 

whose license has-been declared suspended or revoked for nonpayment of annual 

renewal fee, has passed a regular examination for license, as provided for by 

this Aot. . , .” 

Authority to revoke such licenses is given 

in Article 4573, as follows: 
Yen. 0. :I. Ro;Anson - lq;e 4 (V-758) 

"The board may, after due hearing, 

refuse to rant or renew and may revoke 

any license i-sued under tile provisions 

of this law to a person, otherwise qualified, who obtained such license by 

fraudulent representation or dishonesty 

in taking an examination; or who makes 

use of untruthful and improbable statements to patients or in his advertising, 

or for habitual intoxication, or for unprofessional and immoral conduct; or who 

gives away or sells drugs or alcohol for 

other than legitimate purposes in his 

practice; or '?~llo may be convicted of sm- 

-utatin;; tL?c ix:;tin foot or toe or of using an anesthetic other than local. 

When a license has beep granted it shall 

not be revoked or the renewal thereof 

refused without, at lex'; fifteen days 

notice to the licensee, who shall be entitled to s h::,,;.aing by the board, and 

shall have the i'ight to be represented 

by counsel. I\t least ten days prior to 

the date of suc!l hearin? the licensee 

shall be notified of c'bs filing of the 

charges and 0: t!le nature thereof. Any 

person licensed .to practice chiropody in 

this State whose license shall be cancelled by ~~11 board -may9 'Tiithin thirty days 

after t.~o cancellation thereof, and not 

theredftzr, have his right of action for 

reinstatement against such board in ?;he 

district court of Travis county. If the 

serssn ;>hose license has been canceled 

by the board shall, within ten days after 

receiving information of such cancellation, &oe written notice to the secretary 

of the board of his intention to file such 

suit, the action of the board in cancellinr; the license of such person shall be 

suspended for a period of thirty days, but 

unless such suit shall be filed within 

said tim:,the action o:? ths board sl-la11 be 

final. if c;pit shall b", filed a(jainst 

%!A.~ '::.i: rd to reinstate such license TCth-- 

'7. 531," ii,-:y, .!,!LY action of th,:: bocrd 

shall rolnain snr;?:;ended until the validity 

of the license in question shall be determins 3;~ the court. In such suit the 

i::waen ~ha;.l he ul2on the plaintiff to 

ShOvJ cause for reinstatement Of his lic en 5 c~:; The board may, at its discretion, 
Hon. C. H. Robinson - Page 5 (V-758) 

in case license has been revoked or the 

renewal thereof refused, reissue such 

license at the expiration of six months 

from the time such license was revoked.” 

We are of the opinion that Articles 4568- 

4573, v. c. s., make plain the legislative intent that 

the provis.ions thereof pertaining to the authority of 

the State Board of Chiropody Examiners to reinstate 

licenses of chiropodists which have been suspended or ’ 

revoked for nonpayment of renewal fees, is discretionary, by reason of which we hold that: 

1. The State Board of Chiropody Examiners 

may require chiropody licentiates whose licenses have 

been suspended or revoked for non-payment of annual 

renewal fees, as required by Article 4571, V. C. S., to 

pass the regular examination as provided in Article 

4569, including payment of the $35.00 examination fee, 

but may, in its discretion, reinstate such licenses 

without requiring such re-examination. 

2. Xhere rel;-ular examinations are required 

by the Board each shol&? stand as an original application in compliance wit? Artic!zs 4569 and 4570, including requirements as to education of the applicant. 

3. The Bc:rd may in its discretion, reinstate 

former chiropody lioantiates and refuse to reinstate 

others if just cause exists for such refusal. Failure 

of the applicant to meet the requirements of Article 4570, 

V. C. S. will justify such refusal. 

4. Former licentiates who are reinstated without regular examinations should be required to pay all 

renewal fees for ‘Yhich they are in arrears; all who are 

required to be re-examined and pass the regular ‘examination may only be required to pay annual renewal fees 

commencing with their reinstatement. 

The State Board of Chiropody Examiners 

may require chiropody licentiates whose licenses have been suspended or revoked for 

non-payment of annual renewal fees, as required by Article 4571, V. C. S., to pass 

the regular examination as provided in Article 4569, including the payment of the $35.00 
Hon. C. ii. Robinson - Page 6 (V-758), 

examination fee. 3here re-examination 

is required by the board, the applicant 

should meet the requirements of Article 

4570. The board may in its discretion 

refuse to reinstate former licentiates 

for just cause. Former licentiates who 

are reinstated without re-examination 

should pay all renewal fees in arrears; 

those who are re-examined and pass 

should pay only the current renewal fee. 

Very truly yours, 

ATTORNEY GENERAL OF TEXAS 

WTW:wb 

W. T. Williams 

Assistant 

APPROVED: