Untitled Texas Attorney General Opinion ( 1960 )

TEEATI-ORNEY GENERAL OF 23cKAs Au- 1% TEXAR April 28, 1960 Mr. Joseph Ii.Arnette Opinion No. W-829 Secretary Texas State Board of Pharmacy Re: Would a practitioner Austin, Texas who fills prescriptions be required to have a permit from the Texas State Board of Pharmacy and can the practitioner authorize his nurse or aide to fill and dls- pear Mr. Arnatte: pense prescriptions. You have requested an opinion from this office on the following questlons:,~ No. 1. Would~a practitionerwho fills presorlp- tlons for his patients be required to have a permit from the Texas State Board of Pharmacy? No. 2. Can a practitioner authorize his nurse' or aide to fill and dispense presorlptlonsfor his patients? Section 8 of Article 492a, Vernon's Texas Civil Statutes, as amended, provides as follows: '"It shall be unlawful for any person who Is not a registeredpharmacist under the provisions of this Act to compound, mix, manufacture,combine, prepare, label, sell or distribute at retail or wholesale any drugs or medicinesi except in original packages. Provided that all persons now registered as pharmacists ln,thls State,shalahave all the rights granted to pharxiaclsts'under this Act. Pro- vided. however, that nothing In this Act shallmly to or Interfere with any licensed practitionerof fi me c ne en reglster- ed as such by his respective State Board of Examiner6 of this State, who shall supply his or her patients, as a physician, dentist or chiropodist,and by them employed as such, ,wlthsuah remedies as he or she ma% aeslre and who does not keep a pharmacy, open shop or . - Mr. Joseph H.~Arnette, page 2 (w-829) By the terms of the statute, It ia unlawful for persons other than registeredpharmacists to fill drug presorlptlons.Licensed practitionersof medicine, dentlstry or chiropody,not In the retail d?ug business, are exempted from this restrictionwhen supplying their own patients. Since such practitionersare thus exempted from the pro- visions of the pharmacy Act (Art. &%2a) they need not comply with Its licensing (Seo.9) or permit (Sec. 17j provisions under the stated circumstances. Your second question Is as to whether a practitionercan authorlze'hlsnurse or aide to fill end dispense prescriptions.It must be borne In mind that'the Texas 'Pharmacy'Lawwas,phased wlth the Intention that ltbe liberally construed to carry out its objects and purposes. The Legislaturemade Its Intent clear by providing In Section 20 of the pharmacy statute as follows: 11. . . "The practice of'pharmacy In the State of Texas IS declared a professionalpractice affecting the 'publichealth, safety, and welfare and Is subject to tiegulatlonand oontrol~lnthe pub110 Interest. It Is further declared to -bea matter of public Interest and concern, that the praotlce of pharmacy, as defined In this Act, merit and receive the confidence of the pub- lic and that only qualified persons be permltted.to practlce~1jharmao.y ln,the State of Texas. This Act shall be liberallyeonstrued to,oarry qut,these objecte,,,+nd ~Purpy~s?",, Seo$lon 8 of the Act specificallyprovides ,thatIt Is unlawful,forany~person who Is not a reglstered.phaiplaolet under the provisionsof the Aat to compound,mix, or manufacture any drugs or medicines at retail or wholesale and this same Section In effeot re- quires a pharmacist to mix and prepare each prescriptionpersonally. There Is no.doubt that this provision was made to protect the Interest of the ~publlo. Certain practitionersare exempted from the pharmacy law under certain designated olroumstances.However, to hold that these exempt practitionerscould In $urn authorize nurses or other aid& . - or. Joseph H. Annette, Page 3 (w-829) to fill and dispense presoriptlonswould be to place In the hands of the practitionersthe power to create additional exemptionsover and above those created by the Legislature.No such authority Is attempted to be delegated by the Act In question, and we think the evident Intention of the statute Is to limit the practice of pharmacy to those licensed by the State Board of Pharmacy, subject only to the specific exemptions set out In the statute. It Is perhaps worthy of notice that the last paragraph of Section 8 exempts certain senior pharmacy students operating under the direct supervisionof a registered pharmacist. It would appear that If the legislaturehad Intended that nurses or other aides acting under the supervisionof a practitioner should also be exempted, specific mention thereof would have 'beenmade. Accordingly,your second question is answered In the negative. SUMMARY A practitionerwho fills prescriptionsfor his patients Is not required to have a permit from the Texas State Board of Pharmacy. A practitionermay not authorize his nurse or aide to fill and dispense,presorlptlonsfor his patients. Very truly yours, WILL WILSON Attorney General of Texas JAS:bh APPROVED: OPINION COMBlImE W.V. Oeppert, Chairman Charles D. Cabanlss Marietta McGregor Payne Leon Pesek REVIEWEDFOR THE ATTORNEY GENERAL BY: Leonard Passmore