Untitled Texas Attorney General Opinion ( 1985 )

,
The Attorney General of Texas
August 13, 1985
JIM MATTOX
AttorneyGeneral
Suoreme Court Suildiw Mr. Roger D. Shipman Opinion No. JM-339
P. b. Box 12548 Executive Secretary
Aus!in. TX. 78711. 2548 Texas Board of Veterinary Re: Whether an individual who
5121475-2501
Medical Examiners performs veterinary services for
Telex 9101874.1367
Telecopier 5121475-0266
3810 Medical Parkway, Suite 119 a governmental agency must be
Austin, Texas 78756 licensed under article 7465a.
V.T.C.S.
714 Jackson, Suite 700
Dallas, TX. 75202-4506
Dear Mr. Shipman:
2141742-8944
In your letter you ask the following question:
4824 Alberta Ave.. Suite 160
El Paso, TX. 79905-2793 Does article 7465a as it regards the definition
915/533-34e4
of the practice of veterinary medicine in the
state of Texas, together with the exceptions
1001 Texas, Suite 700 therein contained, require a Texas license of a
Houston, TX. 77002-3111 veterinarian who receives compensation for his
7131223.5886 services from a government organization rather
than directly from the public?
806 Broadway, Suite 312
Lubbock, TX. 79401-3479
The Veterinary Licensing Act requires anyone who practices,
0061747-5238 offers or attempts to practice veterinary medicine to obtain a license
from the Texas BoarIg of Veterinary Medical Examiners. V.T.C.S. art.
7465a, 84. Section Z(b) of the act defines the "Practice of
4309 N. Tenth, Suite q
McAllen, TX. 78501-1685
Veterinary Medicine" as follows:
512/682-4547
(b) Any person shall be deemed in the 'Practice
of Veterj.n.ary
Medicine' who represents himself as
200 Main Plaza, Suite 400
engaged in the practice of veterinary medicine; or
San Antonio, TX. 78205-2797
512/225-4191
uses any words, letters or titles in such connec-
tion or wder such circumstances as to induce the
belief that the person using them is engaged in
An Equal Opportunity/ the practice of veterinary medicine, or any person
Affirmative Action Employer who performs a surgical or dental operation or who
diagnoses, treats, immunizes or prescribes any
drug, medj.cine, appl~icationor veterinary appli-
ance for any physical ailment, injury, deformity
or condi2ion of domestic animals, for compensa-
tion.
V.T.C.S. art. 7465a. 02(b).
p. 1545
?
Mr. Roger D. Shipman - Page :! (JM-339)
In your letter you suggest that veterinarians who work for
governmental bodies might r.atbe engaged in the practice of medicine
because they do not receive compensation directly from the public.
The act simply states, hcwever, that someone who renders certain
services "for compensation" is engaged in the practice of veterinary
medicine. The act places no limitation on the nature or source of the
compensation; nor does it require that the party benefited be the
party who compensates the vl:terinarian.
Also, section 3 of the act exempts from the act's licensing
requirements persons who engage in specific types of conduct.
V.T.C.S. art. 7465a, 93. A veterinarian who works for governmental
bodies is not among the exl:trptions.If the legislature had intended
to exempt such veterinar1ar.sfrom the act, it could have done so, as
it did in the Psychologist:s Certification and Licensing Act, which
requires anyone who "offers psychological services . . . for compensa-
tion" to be licensed by the Texas State Board of Examiners of
Psychologists but exempts any psychologist employed by a government
agency from the requirement. V.T.C.S. art. 4512c, §§21, 22(a)(L).
Furthermore, it is well established that exceptions to statutes may
not ordinarily be implied. 'BrasosRiver Authority v. City of Graham,
354 S.W.2d 99, 109 (Tex. 196i.).
We must conclude, therefore, that veterinarians employed by
governmental agencies are not exempt from article 7465a simply because
of the source of their compensation. We do note, however, that the
act's license requirement applies only to veterinarians who practice,
offer or attempt to practice veterinary medicine, as defined in
section 2(b). Thus, a veterinarian employed by the state whose title
or functions do not bring him within that definition would not be
subject to the requirements (ofarticle 7465a. See also section 10(b)
(discretionary waiver provision for veterinarians licensed out of
state).
SUMMARY
Veterinarians employed by governmental entities
are not exempt from the licensing requirement of
article 7465a, V.T.C.S.
J
Very truly your
A;,
JIM MATTOX
Attorney General of Texas
p. 1546
Mr. Roger D. Shipman - Page 3 (JM-339)
TOM GREEN
First Assistant Attorney Genaeal
DAVID R. RICDARDS
Executive Assistant Attorney 'General
ROBRRT GRAY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
Nancy Sutton
Sarah Woelk
p. 1547