Untitled Texas Attorney General Opinion ( 1992 )

.QBfficeof tije 2Ittornep Qkneral
@ate of Qexae
DAN MORALES February 18,1992
ATTORNEY
GENERAL
Ms. Linda Vaclavik Opinion No. DM-91
Executive Director
Texas Advisory Board of Re: Whether the term “physician” in
Occupational Therapy the Occupational Therapy Title Act,
4900 North Lamar article 8851. V.T.C.S., includes
Austin, Texas 78751-2316 chiropractors (RQ-246)
Dear Ms. vacla*
You ask about the meaning of the term +@hysici&n” in two provisions of the
Occupational Therapy Title Act, V.T.C.S. art. 8851, 86 15(b)(6), 27. Specifically,
you ask whether the term refers only to persons licensed to practice medicine by the
State Board of Medical Examiners under the Medical Practice Act, V.T.C.S. art.
4495b, or whether it also refers to persons licensed by the Board of Chiropractic
Examiners under article 4512b, V.T.C.S. See Attorney General Opinion JM-1279
(1990) (holding that chiropractor may identify himself as “chiropractic physician” if
‘he also uses one of the following terms: chiropractor; doctor, D.C.; or doctor of
chiropractic, D.C.). You state that your board has adopted a nJe stating that the
term refers only to persons licensed to practice medicine. 40 T.A.C. 5 383.1.
One of the provisions at issue provides that the provisions of article 8851 do
not apply to
any qualified and properly trained person or persons acting
under a physician’s supervision pursuant to Subdivision (1) of
Subsection (d) of Section 3.06 of the Medical Practice Act
(Article 4495b, Vernon’s Texas Civil Statutes).
V.T.C.S. art. 8851, fi 15(b)(6). Since section 15(b)(6) refers to a person acting under
a physician’s supervision in accordance with a provision of the Medical Practice Act,
it is clear that “physician”in that context means a person licensed under the Medical
Practice Act, not a he&h-care professional licensed under some other act.
P- 459
Ms. Linda Vaclavik - Page 2 (DM-91)
The other provision at issue is section 27, which provides:
An occupational therapist may enter a case for the purposes
of providing consultation and monitored services and evaluating
an individual for the need of services. Implementation of direct
occupational therapy to individuals for their specific medical
conditions shall be based on a referral from a physician Licensed
to practice in the State of Texas.
V.T.C.S. art. 8851, 8 27. When a word or phrase is used in different parts of a
statute, a clear meaning appearing in one instance will be attached to the same word
or phrase used elsewhere. Bo&k v. Botiack, 541 S.W.2d 237,240 (Tex. Civ. App.-
Corpus Christi 1976, writ dism’d). Applying the principle of statutory construction
set forth in Boriak, we conclude that the term “physician”in section 27, as in section
15(b)(6), refers to a person licensed by the State Board of Medical Examiners, not
to other health-care practitioners. See Attorney General Opinion DM-21 (1991)
(term “physician” in athletic trainer statute refers to persons licensed by the State
Board of Medical Examiners).
SUMMARY
The term “physician” in section 15(b)(6) and section 27 of
article 8851 V.T.C.S., the Occupational Therapy Title Act, refers
to persons Licensed by the State Board of Medical Examiners
under article 4495b, V.T.C.S., not to health-care practitioners
Licensedunder other statutes.
DAN MORALES
Attorney General of Texas
P. 460
Ms. Linda Vaclavik - Page 3 (DM-91)
WILL PRYOR
First Assistant Attorney General
MARYKELLER
Deputy Assistant Attorney General
JUDGE ZOLLIE STEAKLEY (Ret)
Special Assistant Attorney General
RENEAHlcKs
Special Assistant Attorney General
MADELEINE B. JOHNSON
Chair, Opinion Committee
Prepared by Sarah Woelk
Assistant ‘Attorney General
P- 461