Dr. M. H. Crabb Opinion No. C-48 

Secretary, Texas State Board. 

of Medical Examiners Re : Whether the Texas State 

1714 Medical Arts Building Board of Medical Examiners 

Fort Worth 2, Texas is authorized to issue .a 

license in Texas as a medical doctor, to a graduate 

from an osteopathic school 

in California, who elected 

under California law to use 

the suffix "M.D." instead 

of the suffix "D 0 " under 

Dear Doctor Crabb: 

. 

the stated facts: 

We are in receipt of your request for opinion relative 

to the above captioned question. 

Your letter indicates that a large group of practitioners are now applying for licenses from the Board and are asking 

to be identified with the term or suffix "M.D." All of these 

practitioners are graduates of the former College of Osteopathic 

Physicians and Surgeons in Cali.fornia and have previously obtained the:ir license as an osteopath in Texas based upon such 

study. It is significant, however, that on February 15, 1962, 

the institution named a'bove was changed to a medical school and 

is now known as the California College of Medicine, which school 

is recognized by the Council on Medical Education and Hospitals 

of the American Medical Association, the Association of American 

Medical Colleges, and the California Board of Medical Examiners 

(which only licenses those applicants with an M.D. degree), All 

persons in question received the degree of Doctor of Medicine 

from the College between March 7s 1962 and September 30, 1962, 

without taking any filrther courses whatsoever, but by merely making applicati.on, 

Since in California there is a separate Board of Medical Examiners and Board of Osteopathic Examiners, recent amendments were proposed and adopted whereby persons receiving both 

degrees could elect ,to use either the term or suffix "M.D." or 

"D, 0," Section 2396 of Deering's California Business and Professions Code states as follows: 
Dr. M. H. Cra’bb, page 2 (C-48) 

‘@396, Unprofessional conduct: Unauthorized 

use of letters W.D. ‘: 

use ‘MOD. p: 

Election of osteopath to 

Effect of election. 

“Unless the holder of any certificat.e provided 

for in this chapter or any preceding medical practice act has been granted the degree of doctor of 

medfcfne after the completion of a full course of 

study as prescribed ‘by an approved medical school 

in accordance with the provfsions of this chapter, 

or any preceding medical practice act, the use of 

the term or suffix OM,D, 3 constitutes unprofessional 

condzlct within the meaning of this chapter. 

“However y any person holding a physician’s and 

surgeonis certificate under the jurisdiction of the 

Board of Osteopathic Examiners of the State of California and a degree of Doctor of Medicine issued by 

a medical school located in the State of California 

at any time prior to Septe.mber 309 1962, and approved either by the Board of Osteopathic Examiners 

of the State of California or the Board of Medical 

Examiners of the State of California at the time of 

the ksuance of such degree, shall be authorized to 

use the term or suffix sM0D.9 I and such use shall 

not be unprofessional conduct, so long as sach persoq on or before December 31, 1.962, advises both 

.the Board of Me&L&al, Examiners and the Board of 

Osteopathic Examiners, in writing, that he has el,- 

ected to use the term or suff1.x “M,D, 9 and has 

elected net to me the term or silffix sD.O, D In 

the e,ve.ni; sfsich el,ection, tie use of the term or 

suffi,x ‘D, 0, P constitiltes unprofessional conduct 

with3.n the mear&ng of this chapter. 

Stats,ist Ex,Sess. 1,962 ch,50 @l,)tr 

(Amended by 

Your letter phrases the question submitted to us as 

follows : 

“Now the question :is, can the Texas State 

Board of Med,i,cal Ex~aminers S,ssue these osteopaths 

a license as an ‘MOD. t En Texas in lieu. of al.1 the 

legal changes :in the Cal,ifor.nia laws allowing osteopaths who ‘we,re licensed in California to choose 

whether they with to be an ‘MOD, I or a sD.O, p by a 

certain date, December 31, 1962. 

“Also if an osteopath who obtained his 

patnle edu&ion at the California ColS.ege of 

osteo- 
, 

Dr. M. E. Crabb, page 3 (C- 48) 

Osteopathic Physicians and Surgeons, or any 

other osteopathic school prior to February 15, 

1962, the date that the California College of 

Osteopathic Physicians and Surgeons was changed 

to a medical school and has obtained an ‘M.D.’ 

degree from the California College of Medicine, 

should~ the Texas State Board of Medical Examiners recognize the ‘M.D. t degree and issue this 

man a license in Texas as a medical doctor?” 

Each applicant to the Texas State Board of Medical Examiners must identify himself with some particular system’of 

healing. In this connection Article 45qCe of Vernon Is Civil 

Statutes, states in part as follows: 

ttSec. 3. Every person licensed to practice 

the healing art heretofore or hereafter by 0 . o 

the Texas State Board of Medical Examiners . e . 

shall in the professional use of his name on any 

sign, pamphlet, stationery, letterhead, signature, 

or on any other such means of professional identification, written or printed, designate in the 

manner set forth In this Act the svstem of the 

&&Qg-g& which he is by his license permitted 

to practice0 Ihe following a;ewt:e legaily required identifica$ons, a o h ch mus be used 

mQ&ners the healine art : 

“(1) If licensed bv the Texas State Board of 

tor of Medic* 

doctor 9 M,D, ; doctor of medicine; M.D, 

Even though Californfa law allows a practitioner to 

elect which degree he chooses to use by his name, the law governing the Texas State Board of Medical Examiners does not. We construe Article 4590e as allowing a practitioner only to practice 

“the system81 on which his degree was based, The degree M,D. 

connotes an education obtained at a medfcal school and a D.O. degree likewise contemplates a degree obtained and based upon study 

at an osteopathic school, The California College of Medicine may 

well be a “reputable medical school” as that term is used in 

-.x20- 
Dr. M. H. Crabb, page 4 (C- 48) 

Article 4501, Vernon's Civil Statutes, and may well~be a "reputable medical college" as that term~is used in Article 4500, 

Vernon's Civil Statutes, but the fact remains that the practitioners in question obtained all of their education ate an osteopathic school. Since they obtained their M-D, degree without 

further study or taking additional courses a't the California 

College of Medicine, it follows that their most recent degree is 

not based on study or attendance at a medical school, and therefore the Texas State Board of Medical Examiners is not authorized 

or required to license them as doctors of medicine on the basis 

of such degree. 

The Texas State Board of Medical Examiners is 

not authorized or required to issue licenses as 

doctors of medicine on the basis of the M.D. degree 

to practitioners who attended and received their 

education at an osteopathic school, when the M.D. 

degree was awarded to them under the laws of California by merely making application therefor. 

FDW:wb 

Yours very truly, 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Frank Booth 

Grady Chandler 

Edward R, Moffett 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone