April 6, 1987

TylerA. Baker,D.C. President TexasBoard of Chiropractic Examiners 1300E.AndersonLane BuildingC, Suite 245 Austin.Texas 78752 OpinionNo..lM-668

Re: Requirements for licensure by reciprocityunder section 9 of the Texas Chiropractic Act, article 4512b.V.T.C.S.

Dear Dr. Baker:

As president of the Texas Board of Chiropractic Examiners. you ask about the requircmancs for liceasure by reciprocity in Texas. Section 9 of article 4512b.V.T.C.S.,provides inpart:

The TexasBoard of ChiropracticExaminers shall upon payment by an applicant of a fee gram license topractice chiropracticto licentiatesof other states or territories having requirements and practices equal to those established by the laws of this State. (Emphasisadded).

The requirements for licensure in Texas include the completion of certain basic science college courses. See art. 4512b. 510(d). You indicate that certainother statesrequireapplicants topass examinations In basic science courses but do not require the completion of the courses in college. You ask whether this constitutes "requircments and practices equal to those established by the laws of this State." In specific.you want to know whether you may deny a license to an applicant solely on the basis that the state in which the applicant is licensed does not require the completion of these basic sciencecourses in college.
Prior to the enactment of article 4512b. the Basic Sciences Law required all applicants for licensing in the "healing arts" to obtain
a certificate of proficiency in anatomy, physiology, chemistry. bacteriology, pathology, and hygiene and public health. SeeV.T.C.S. art. 459Oc. II; repealed by Acts 1979. 66th Leg., ch. 556, $4, at 1151, 1153. This requirement applied to chiropractors. Attorney General Opinion E-1110 (1978). The certificate of proficiency could be obtained elcher by passing an examination or by completing college
courses in the basic sciences. Id. The legislature repealed the Basic Science Law in 1979. Acts-79. 66th Leg., ch. 556, P4. at

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1151, 1153. Article 4512b incorporatesthesebasic science courses in subsection 10(d)which uow requires

the satisfactorycompletionof courses in anatomy. ehysiology, chemistry, bacteriology, pathology, hygiene -and public -health with au average -of seventy-five.perceut (75%) or better in each of the courses. (Emphasisadded).
Section 10(d) does uot list testing in the basic sciences as au alternative to course completion.

You ask whether the completion of courses iu the basic sciences constitutes oue of the requirements referred to in section 9 of article 4512b. By the plain language of section 10(d) of article 4512b. Texas law regarding chiropractic liceusure requires the actual coupletiou of these basic science courses. The board may therefore consider this requirement as one of the requirements for licensureby reciprocityunder section 9. The board may do so, however, only in a reasonablemanner. For example, section 10(d)may require the completion of courses in a particular sequence. This sequence requirement may not be imposedunreasonably to deny licensureby reciprocity. See generally Attorney General Opinion JH-512 (1986). AdditioualK credits for the completion of college coursesmay, in some instances, be obtained through college examfnacions for advanced credit. The phrase "equal to" in section 9 must be interpreted to mean the substantial equivalent of rather than identical to; otherwise, no chiropractorcouldbe licensedby reciprocity.

As indicated, section 9 provides, in pertinent part, that theboard "shall

. . . grant license to practice chiropractic to licentiates of other states or territories having requirements and practices equal to those establlshed" in Texas. The word "shall" is generally construed to be mandatory. Green v. County Attorney of Anderson County, 592 S.W.2d 69, 73 (Tex. Civ. App. - Tyler 1979, no writ1 : Attorney General Ooinion m-561 (1986). The ultimate auestion is oue of legislative it&t. The legislaturemust have intended that if the licensing requirements of the other state or territory are the reasonable equivalent to the requirements imposed in Texas. including the completion of college courses in the basic sciences, the board must grant a license to an applicant licensed in the other state.
This conclusiondoesnotmean that theboardmust refuse to issue
a license to an applicant solely ou the basis that the applicant is licensed in a state which does not have requirements identical to those imposed in Texas. As indicated, some states require applicants to pass examinations in basic science courses but do uoc require the completion of the courses in college. The board could determine, in its discretion and upon investigation. that the other state's testing requirements in the basic sciences constitute the substantial equivalent of Texas' requirements. Moreover, in many ianstances.an

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applicant from another state may in fact meet Texas' basic science
courserequirements. The applicantmay have actuallycompletedall of the basic science courses required by Texas law in the process of preparing for the other state'sexamination in thebasic sciences.

Denial of licensureby reciprocity to an applicantwho meets all of the requirements imposedupon Texas applicants solely on the basis that the non-Texas applicant is licensed in a state which does not itself impose the same requirements would raise serious questions under the Fourteenth Amendment to the United States Constitution. A state cannot exclude a person from an occupation in a manner or for
reasons that contravenethedue process or equalprotection clausesof theFourteenthAmendment. Schwarev. Board of Bar Examiners, 353U.S. 232, 238-39 (1957);see also U.S. Const. art. IV. I)2(privilegesand immunitiesclause); Supreme Court of New Rampshirev. Piper, 470U.S. 274 (1985);Attorney GeneralOpinionm-348 (1985). A statemay apply different laws to different classes of persons without violating the equal protection clause, but the Fourteenth Amendment prohibits the different treatmentof "similarly situated"persons.

SUMMARY

If the chiropracticlicensurerequirementsof another state or territory are the reasonable equivalent of the requirements imposed in Texas, and include the completion of certain basic science college courses required under section 10(d) of article 4512b. V.T.C.S., section 9 of article 4512b requires the Texas Board of Chiropractic Examiners to grant a license to an applicant licensed In the other state. This section does not, however, require the board to refuse to issue a license to an applicant solely
on thebasis that the applicant is licensed in a state which does not have requirements identical to those imposed inTexas.
Denial of licensure by reciprocity to an applicantwho actually meets all of the requirements imposeduponTexas applicantssolelybecause the .non-Texasapplicant is licensed in a state which does not itself impose the same requirements would raise seriousquestionsunder theFourteenth Amendment to theUnited StatesConstitution.

JIM MATTOX Attorney General ofTexas

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JACK HIGRTOWER FirstAssistantAttorney General

MARTRELLER ExecutiveAssistant Attorney General

JDDGE ZOLLIE STEARLET SpecialAssistant Attorney General

RICR GILPIN Chairman.Opinion Committee
Preparedby JenniferRiggs Assistant Attorney General

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