OFFICE OF THE ATTORNEYGENERAL OF TEXAS

**AUSTIN**



### Honamrbla33.

CarlRaldsr, %erataey Texas Sate Board cf Lbrntal &wminmm rztxcm Bul.ldi~ Corpue Cheuristi,

PccixaB

Bear Sim

.tt?f.n,l; the salI Cl?,!3trQuss'to 8Q ~rsctlco Dental iiu.urp3y

an3 Smtiatrg in ang Cwnty in tha Stnta of Texna 3.1% whioh th1.e

license ia recorded.t

ë* + l Dr. 5trauos eecuradhas lfcenae
as ebooc eat out In 1929 nnd he5 never MIcorded hla license in any county i.n theHonorable B. Carl Holder, Becretery, Page 2

State ai Texas, for upon securing said licenae Dr. 3trauss a%?turned to MlchLgan where he has practiced dentistry ainca, *e +l*

**Of** "I am, hOVeVBr, faced vith the difficulty detarmlnlngvhether or not the liaense granted toDr. Strauss in 1929 is still valid in view of the fact that wunev&s never recorded In the office of the clerk of any county in Texas. Is such recordatlon requ:redwhere a dentist has never actually practiced in the State of Texas, under thewording of the 1919 and the 1935 lavs that such license shallbo

Presented to the aountg clerk for recordatlon before beglnnlng the practice of dentlotry in any plsce in thts Stste?t"
The Constitution of the State of Texea proVid08 that "the Legislaturemay pass laws presarlb%ng q~llficatlons of practltloners of medLcine in this State, and to punieh persona 

### formalpracttce l l *." Pursuant to its inherentpowera and the authorities expresely or implledlg conferred, the Legislliture has enacted Ucense regulations relating to medicine, dentistry, optomabry, and other slmllarprafesslons. In order to

### more efflclentlg aafaguard the llvea and veJ.l. being of its citizens the Legislature haa not only set up standards and regulrements for preparation and practice,but has eetabliahed Boarda of Fxaminera composed of professionalmen to adminieter the lwva in ragsrd to the practice of a particular profeas-Lon.

Article 4546, Revised Civil Statutes of Texas, aa amended, whtch vith the exception of mI.norchanges in language is the 8tune

as Section 9 of'

House Bill Ho. 1, Acts of the 

### 36th Legislature, read8 ae followsr

"Everyperaon towhom a 1Lcense **ZB isfm?d**  by the State Board of DantalExamLmra nhall, before begfnnlng the practice of dentLstry at any piece In this State, yre8er.tthe shameto th8 County Clerk of the county In nNch he resides and offers to practice, and to the County Clerk of each and every other county In vhlch hemay practice or offer to practice1,. .

Honorable B. Carl Holder, Page 

### 3

staid County Clerk shall record aaid license in a book provided for the.mrgose, and receive fifty (50$?) cents therefor, Absence of the record of such license in any place vhere such license is hereby required to be recoztiedshallbe prima facie evidence in any court op this State of the vant of poeeesbion of such license. Acts 1919,

2g),Aota 1935, 44th Leg,, p. SOS, ch. 249;

l The apparent intent of the Legislature in requirw this recordatlon of license Is not primarily to protect the dentLst or to preserve a record of the lfcense,but to protect the publ.ic

and to give to the citizena of thZs State a convenient and acceptablemeans of determining the status of the practicing dentist in their county. The last sentence in thls Article bears out thls Lnterprotnt1onvhen it states that absence of such reccrd ia prhm facie evidence of want of poscession of ouch license. We would point out Ln this regard if it is only grim8 fncSe evidence thus subject to contrary proof theremust be other means by vhkh a dentist could eatabllsh and prove his license. In this connectionve shouldnlso analyzeArticle 4547, Revised Civil Statutoa of Texas, vuch reads aa follovst

111) l l*No person shallbe required to surrender an old license for a nev one unless he 80 dosiree. If 43-1~licenne .issued under **thle** or any former law in Texeo ehall be lost
or destroyed, the holder of said lfcenoemy present h?s ap?Zfcatl.on to the board for a duplicate llcenee togethervith hLs affiaavLt of such loss or destruction and that he is the sane person to whomsaid license we iasued., and shal.1

be pranted a licenseunder this lav. If the records of saidboard fail to shov that such person k’a ever licensed, the board may exsrclse its discret:on in granting said duplicate license."
Re-dlng these tvo artlclc? tpEetherwe arrive at the conclualon that the Piles of the Board of Centnl Fxnniners are in reality the true and guiding records. Since the Dental licenslq statutesdo not set up a tine 1lm:t or require a reexamination,a llcense once gmperly securedand issuedwould exlat during the l:.fe of the gractlt.;oner unless he vi.oleted,

L . -,



### HonorableB. CarlHolder,Page8

nomelaw in regardto thepraatlceof dentlstq Q: 

### the law itselfvae changed.



### Under the fhotaanyou statethorn,itwas not necessary 

### forDr. Ytrauss to 

### recordhis lioense a8 he did not practice in Texas ami If that liceose accord1r.g to the re

### dotisofyaw Boardvae at111 in good,Etandirq. out that if Dr. 

### Stmuss Texas, he ehculd compPy in theproper county. properly aecwed. and issued, It is We feel hovover thatve shouldpoint ia going to practice dentistry in with the lev and record hI:alicense

Your8 very truly



### FBfrR3