April 6, 1987 

Tyler A. Baker, D.C. 

President 

Texas Board of Chiropractic 

Examiners 

1300 E. Anderson Lane 

Building C, Suite 245 

Austin. Texas 78752 

Opinion No..lM-668 

Re: Requirements for licensure 

by reciprocity under 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 in part: 

The Texas Board of Chiropractic Examiners shall 

upon payment by an applicant of a fee gram 

license to practice chiropractic to licentiates of 

other states or territories having requirements 

and practices equal to those established by the 

laws of this State. (Emphasis added). 

The requirements for licensure in Texas include the completion of 

certain basic science college courses. See art. 4512b. 510(d). You 

indicate that certain other states requireapplicants to pass 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 

science courses 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. See V.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 II; repealed by Acts 1979. 66th Leg., ch. 556, $4, at 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 The legislature repealed the 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 

p. 3059 
Dr. Tyler A. Baker - Page 2 (JM-668) 

1151, 1153. Article 4512b incorporates these basic science courses in 

subsection 10(d) which uow requires 

the satisfactory completion of 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. (Emphasis added). 

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 licensure by 

reciprocity under section 9. The board may do so, however, only in a 

reasonable manner. For example, section 10(d) may require the completion of courses in a particular sequence. This sequence requirement 

may not be imposed unreasonably to deny licensure by reciprocity. See 

generally Attorney General Opinion JH-512 (1986). AdditioualK 

credits for the completion of college courses may, 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 

chiropractor could be licensed by reciprocity. 

As indicated, section 9 provides, in pertinent part, that 

the board "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 legislature must 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 conclusion does not mean that the board must 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 

p. 3060 
Dr. Tyler A. Baker - Page 3 (JM-668) 

applicant from another state may in fact meet Texas' basic science 

course requirements. The applicant may have actually completed all of 

the basic science courses required by Texas law in the process of 

preparing for the other state's examination in the basic sciences. 

Denial of licensure by reciprocity to an applicant who meets all 

of the requirements imposed upon 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 contravene the due process or equal protection clauses of 

the Fourteenth Amendment. Schware v. Board of Bar Examiners, 353 U.S. 

232, 238-39 (1957); see also U.S. Const. art. IV. I)2 (privileges and 

immunities clause); Supreme Court of New Rampshire v. Piper, 470 U.S. 

274 (1985); Attorney General Opinion m-348 (1985). A state may apply 

different laws to different classes of persons without violating the 

equal protection clause, but the Fourteenth Amendment prohibits the 

different treatment of "similarly situated" persons. 

SUMMARY 

If the chiropractic licensure requirements of 

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 the basis that the applicant is licensed in a 

state which does not have requirements identical 

to those imposed in Texas. 

Denial of licensure by reciprocity to an 

applicant who actually meets all of the requirements imposed upon Texas applicants solely because 

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. 

JIM MATTOX 

Attorney General of Texas 

p. 3061 
Dr. Tyler A. Baker - Page 4 (m-668) 

JACK HIGRTOWER 

First Assistant Attorney General 

MARTRELLER 

Executive Assistant Attorney General 

JDDGE ZOLLIE STEARLET 

Special Assistant Attorney General 

RICR GILPIN 

Chairman. Opinion Committee 

Prepared by Jennifer Riggs 

Assistant Attorney General 

p. 3062 

c