Dr. M. H. Crabb OpinionNo. C-48

Secretary,Texas State Board. of Medical Examiners Re: Whether the Texas State 1714 MedicalArts 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 Californialaw 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 identifiedwith the term or suffix "M.D." All of these practitionersare graduates of the former College of Osteopathic Physiciansand Surgeons in Cali.fornia and have previouslyobtained the:ir

license as an osteopath in Texas based upon such study. It is significant,however, that on February 15, 1962, the institutionnamed a'bove was changed to a medical schooland is now known as the California College of Medicine,which school is recognized by the Council on Medical Educationand Hospitals of theAmericanMedicalAssociation, the Association of American Medical Colleges, and the CaliforniaBoard of Medical Examiners (whichonly licenses those applicantswith 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 filrthercourseswhatsoever, but by merely making applicati.on,

Since in California there is a separate Board of Medical Examiners and Board of OsteopathicExaminers, recent amendments were proposed and adoptedwhereby personsreceiving 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 precedingmedical practice act has been granted the degree of doctor of medfcfne after the completion of a full course of study as prescribed ‘by an approvedmedical school in accordancewith the provfsions of this chapter, or any precedingmedical practiceact, the use of the term or suffix OM,D,3constitutesunprofessional condzlct

within themeaning of this chapter.
“However

y any personholding a physician’sand surgeonis certificateunder the jurisdictionof 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 OsteopathicExaminers of the State of California or the Board of Medical Examiners of the State of Californiaat the time of the ksuance of such degree, shall be authorized to use the term or suffix sM0D.9Iand such use shall not be unprofessional conduct, so long as sach persoq on or before December 31, 1.962, advises both .theBoard of Me&L&al, Examiners and the Board of OsteopathicExaminers, in writing, that he has el,- ected to use the term or suff1.x“M,D,9and has elected net to me the term or silffixsD.O, D In the e,ve.ni;

sf sich el,ection, tie use of the term or suffi,x‘D,

0,Pconstitiltes

unprofessional conduct with3.nthe mear&ng of this chapter. Stats,ist Ex,Sess. 1,962 ch,50 @l,)tr (Amendedby

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,ssuethese osteopaths a license as an ‘MOD.tEn Texas in lieu.of al.1the legal changes :inthe Cal,ifor.nia laws allowing osteopathswho ‘we,re

licensed in California to choose whether theywith to be an ‘MOD, Ior a sD.O,

pby a certain date, December 31, 1962. “Also if an osteopathwho obtainedhis patnle edu&ion at the CaliforniaColS.ege ofosteo-, 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 mana 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 VernonIs 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 nameon 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. Weconstrue Article 4590e as allowing a practitioner only to practice

“the system81on 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 "reputablemedical college"as that term~is used in Article 4500, Vernon's Civil Statutes, but the fact remains that the practitioners in question obtainedall of their education atean osteopathic school. Since they obtained their M-D, degreewithout further study or takingadditional courses a'tthe California College of Medicine, it follows that theirmost recent degree is not based on study or attendanceat a medical school, and therefore the Texas State Board of Medical Examiners is not authorized or required to license them as doctors ofmedicine on the basis of such degree.

The Texas State Board of Medical Examiners is not authorized or required to issue licensesas doctors ofmedicine on the basis of the M.D. degree to practitionerswho attended and received their education at an osteopathic school,when the M.D. degree was awarded to them under the laws of California by merelymaking application therefor.

FDW:wb Yours very truly,

APPROVED: OPINIONCOMMITTEE
W. V. Geppert, Chairman John Reeves Frank Booth Grady Chandler Edward R, Moffett
APPROVED FOR THE ATTORNEY GENERAL
BY: Stanton Stone