## THEA~ORNEYGENERAL OF TEXAS

FVILL WILSON **AlTOlCNEYGENERAL** AUSTIN aa. TEXAS
October 

### 31, 1960

Mr. J. T. Ellis, Jr. Administrator Department of Austin, Texas Health OpinionNo.

## WW-954

Re: The definition of "institution" as used in House Bill 

## 609, 53rd Legislature,amended by Senate Bill 121, 

### 56th Legislature,and codified as Article 

### 4442~of Vernon's -. . _ - Dear Mr. Ellis: Clvll statutes.

In your letter of recent date you requested our opinion on the following questions:

"1. If an 'institution'furnishes food and shelter to four or more persons unrelated to the proprietor and also furnishesminor medical treatment or serviceswhich meet some need beyond the basic provision of food, shelter and laundry to on1 --F+ one of the four or more persons, is sue an'institutlon' liable for licensing?
"2. May an 'institution'provideminor medical treatment or serviceswhich meet some need beyond the basic provision of food, shelter and laundry to as many as three persons unrelated to the proprietor and also admit other persons to the 'institution'who are provided only room, board and laundrywithout securing a state license under the nursing and convalescenthome licensing law?" Section 2(a) of Article 

### 4442~of Vernon's Civil Statutes reads in part as follows:

"'Institution'means an establishment which furnishes (in single or multiple facilities) food and shelter to four (4) ormore persons unrelated to the proprietor, and,Mr. J. T. Ellis, Jr., Page 2 (w-954)

in addition,providesminor treatmentunder the direction and supervisionof a physician licensedby the Texas State Board of Medical Examiners, or serviceswhich meet some need beyond the basic provision of food, shelter, and laundry.

. . .'
In the quoted portion of said Section 2(a) two qualificationsare set out which must be met before an establishment is considered an "institution"and thus covered by the enactment in question. The first of these qualifications is simply that the establishmentfurnish food and shelter to at least four personswho are unrelated to the proprietor. The second qualification is, in substance, that the establishmentalso provideminor medical treatmentunder the supervisionof a physician, or some serviceswhich meet some need beyond the basic provision of food, shelter and laundry. Theminimum of four requirementapplicable to the first said qualification is not expresslymade applicable to the second said qualificationand it is our opinion that such a limitation should not be read into the statute,Gadd v. First Nat'l. Bank of Beaumont, 115 Tex. 393, 283 S. -7%--b (Apr.7 192f) In answer to your first question, an institution which furnishes food and shelter to four or more persons unrelated to the proprietor and also furnishesminor medical treatmentunder the supervision of a physician or services which meet some need beyond the basic provision of food, shelter and laundry to only one of the four or more personsmust be licensedunder the statute in question. In answer to.your second question,an institution that provides suchminor medical treatment or serviceswhich meet some need beyond the basic provision of food, shelter and laundry to as many as three persons unrelated to the proprietor and also admits other persons to the institutionwho are provided only room, board and laundrymust be licensedunder the statute in question.
SUMMARY

An establishment,excepthospitals and other establishments specifically excepted from the statute in question,which furnishes food and shelter to four or more persons,unrelated to the proprietor, and, in addition,providesminor treatment under the direction and supervision of a physician licensedby the Texas State. -

Mr. J. T. Ellis, Jr., Page

## 3 (ww-954)

Board of Medical Examiners, or services which meet some need beyond the basic provision of food, shelter and laundry is an "institution"under Article

## 4442c, Vernon's Civil Statutes, regardless of the number of persons receiving such minor medical treatment or such other services.
Yours very truly,
WILL WILSON AttorneyGeneral of Texas

By )A d ecu
Joe B. McMaster Assistant
JBM:mm
APPROVED:
OPINION COMMITTEE W. V. Geppert, Chairman Raymond V. Loftin, Jr, Ben M. Harrison Iola B. Wilcox F. C. Jack Goodman
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore