**.AusTI~ ‘** 

**. TEXAS** 

January 5, 1949

Hon. C. H. Robinson, President State Board of Chiropody Examiners 826 Fair Building Fort ?lorth,

Texas OpinionNo. V-758.

Re: Reinstatemrnt of Chiro$ody licentiateswhose licenseshave been suspended or revoked. Dear Sir:

Xe refer to your letter in which you submit:

1. May ths Board require licentiateswhose licenseshave been suspended or revoked for non-paplmentof an annual renzT:ral fee to pass the regular examination as provided inArticle 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 educationalqualificationsprescribed by Article 4570, to be re-examined after their licenseshave been suspended or revoked?

3. May the Board require of a former licentiatewhose licensehas been suspended or revokedunder the provisions of Article 4571, to pass the regular examination, before reinstatingor issuing a new license, who nay qualify by reasons of educational attainments provided for in Article 4570, and not require of another former licentiatewhose licensehas been suspended
or revoked under provisions of Article 4571,who may not qualify by reasons of not having attained the educationprovided for inArticle 4570?

4. Does the "discretion"of the Board, as provided in the Act, permit this board to reinstate
one former licentiateand refuse to reinstate:other former licentiates? In otherwords, would such reinstatement and refusal of reinstatement,based upon the Board's knowledge of the personal and professionalhistories 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 licentiatesbe reinstatedby fulfilling the only requirement of paying the current renewal fee, ormust all renewal fees in arrearsbe paid, plus the current renewal fee?

6. May former licentiatesbe reinstatedby payment of the current renewal fee, or must all fees in arrears be paid?

We refer to the following lawswhich arepertinent to your inquiry:

Article 4569,V. C. S. provides for the,ex-~' amination and re-examinationof applicants for license to practice chiropody in this State. ,Each,suchapplicant is required to pay an examination fee of $35.00. It is also thrrein provided that "Any applicant failing in the examination and being refuseda license shall be entitled to a re-examinationat the next regular session of said Boardwithin ,oneyear. 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." (Emphasisadded throughout)

Article 4570 prescribes the qualifications of applicants for such licenses. It reads:

"Allapplicants for license to practice chiropody in this State, not otherwise licensed under the provisions of law, shall present satisfactoryevidence to the State Board of ChiropodyExaminers 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 theUnited States of America and who are graduates of at least a sixteen (16)unit high school,whose credits are acceptablewithout condition formatriculation at the State University of the State inwhich the applicant'shigh 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 diplomawhich has conferred the degree of Doctor of Surgical Chiropody, to the State Board of ChiropodyBon, 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 Whena 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 knownaddress, by mail, that 

### saidannual 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’ ‘1icense suspended o%& v%edT’a?;ro%ded for $n this Act the Board maythereafter 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)

"Theboard may, after due hearing, refuse to rant or renew andmay revoke any license i-sued under tile provisions of this law to a person, otherwise qualified,who obtained such license by fraudulent representationor 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 legitimatepurposes in his practice; or '?~llo

may be convicted of sm- -utatin;;

tL?cix:;tin

foot or toe or of using an anesthetic other than local. When a licensehas beep granted it shall not be revoked or the renewal thereof refusedwithout,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\tleast 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

cancellationthereof, and not theredftzr,have his right of action for reinstatementagainst such board in ?;he district court of Travis county. If the
serssn ;>hoselicensehas been canceled by the board shall,within ten days after receiving informationof such cancellation, &oe written notice to the secretary of the board of his intentionto file such suit, the action of the board in cancellinr; the license of suchperson shall be suspended for a period of thirty days, but unless such suit shall be filedwithin 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 licenseTCth-- '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 ul2ontheplaintiff to
ShOvJ cause for reinstatementOf his licen5c~:;

The boardmay, at its discretion,Hon. C. H. Robinson - Page 5 (V-758)

in case licensehas been revoked or the renewal thereofrefused, reissue such license at the expiration of sixmonths from the time such licensewas revoked.”

We are of the opinion thatArticles 4568- 4573, v. c. s., make plain the legislative intent that the provis.ions

thereof pertaining to the authority of the State Board of ChiropodyExaminers to reinstate ’ licenses of chiropodistswhich have been suspended or revoked for nonpayment of renewal fees, is discretionary, by reason ofwhich we hold that:

1. The State Board of Chiropody Examiners may require chiropody licentiateswhose licenseshave 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, includingpayment of the $35.00 examination fee, but may, in its discretion, reinstate such licenses without requiring such re-examination.

2. Xhere rel;-ular examinationsare required by the Board each shol&? stand as an original application in compliancewit? Artic!zs 4569 and 4570, including requirementsas to education of the applicant.

3. The Bc:rd may in its discretion, reinstate former chiropody lioantiatesand refuse to reinstate others if just cause exists for such refusal. Failure of the applicant tomeet the requirements of Article 4570, V. C. S. will justify such refusal.

4. Former licentiateswho are reinstatedwithout regular examinations should be required to pay all renewal fees for ‘Yhichthey are in arrears; allwho are required to be re-examined and pass the regular‘examinationmay only be required to pay annual renewal fees commencingwith their reinstatement.

The State Board of ChiropodyExaminers may require chiropody licentiateswhose 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 $35.00Hon. C. ii. Robinson - Page 6 (V-758),

examination fee. 3here re-examination is required by the board, the applicant shouldmeet the requirementsof Article 4570. The boardmay in its discretion refuse to reinstate former licentiates for just cause. Former licentiateswho
are reinstatedwithout re-examination shouldpay all renewal fees in arrears; thosewho are re-examined and pass shouldpay only the current renewal fee.

Very truly yours,

ATTORNEY GENERAL OF TEXAS

WTW:wb 

# W. T. Williams Assistant

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