Untitled Texas Attorney General Opinion ( 1961 )

EA GENERAL OF TEXAS AUSTIN m.T-r~ W’ILL WIILSON AlTORNEYGENERAl. October 27, 1961 Hon. Lewis M. Hoppock, D.S.C. Opinion No. NW-1179 Secretary, Texas State Board of Chiropody Examiners Re: Whether it Is permissible Temple, Texas for a person licensed by the Texas State Board of Chiropody Examiners to use the term podiatrist to further describe his speciality (I.e. Dr. John Doe, Chiropodist, Podla- Dear Dr. Hoppock: trist). You have requested an opinion from this office on the question of: I, . . . Is it permissible for a person licensed by the Texas State Board of Chiropody Examiners to use the term podiatrist to further describe and explain his speclallty (i.e. Dr. John Doe, Chiropodist, Podiatrist)?” In Attorney General’s Oplnlon No. ww-885 (1960) this office had before it the question of: “(1) Whether an individual licensed by the State Board of Chiropody Examiners may legally use the word ‘podiatrist’ following his name in connection with the professional use of his name on any sign, pamphlet, sta- tionery, letterhead, signature, office door, directories, etc.‘I The conclusion reached b this office In Attorney General’s Opinion No. ww-885 (19603 I n regard to such question was that: “It Is abundantly clear that the lnten- tion of the Legislature was to limit those licensed under Article $qOe (3) (6) to the use of one of the legally required identifi- cations set out therein, and hence It is the opinion of this Department that an individual Hon. Lewis M. Hoppock, D,S.C., page 2 (WW-1179) licensed by the State Board of Chiropody Exam- Triersmay not 1 g lly use the word 'podiatrist' hollowing his n&n: in connection with the pro- fessional use of his name on any sign, pamphlet, stationery, etc." (Emphasis added) While the question dealt with In Attorney General's Opinion No. ww-885 (1960) was whether the term "podiatrist" could be used In lieu of the legal1 required identification set forth In Sec. 3 (6) of Article $590e, the Instant opinion request deals with the question of whether the term "podiatrist" may be used as an elaboration of the legal1 required identifi- cation set forth in Sec. 3 (6) of Article 5%90e. In view of the language of Sec. 3 of Article 4590e that: "Every person licensed to practice the healing art . . . by . . . the State Board of Chiropody Examiners . . . shall in the pro- fessional use of his name on any sign, pam- phlet, stationery, letter head, signature, or any other such means of professional iden- tification, written or printed, desi nate In the manner set forth in this +ys- Act ternof the healing art which he is by his license permitted to practice. The follow- ing are the legally required identifications, one of which must be used by practitioners of the healing art: 0. . . “(6) If licensed by the State Board of Chiropody Examiners: chiropodist; doctor, D.S.C.; doctor of surgical chiropody; D.S.C.", as well as the holding in Attorney General's Opinion No, WW- 885 (1960) that: an individual licensed by the State Board of Chiropody Examiners may not legally use the word 'podiatrist' following his name in connection with the professional use of his name 0 s .", we are of the opinion that the word or term "podiatrist" may not be used as an elaboration of the legally required identi- fication set forth in Article 4590e, Sec,'3 (6). Hon. Lewis M. Hoppock, D.S.C., page 3 (WW-1179) The Legislature In enacting Article 4590e made no provision for the use of the word or term "podiatrist" in connection with the ~legally required identification of those practitioners of the healing art licensed by the Texas State Board of Chiropody Examiners, nor did it provide for further description, explanation or elaboration of the required iden- tifications set forth therein. SUMMARY The word and term "podiatrist" may not be used as a further description, explanation or elaboration of the legally required ldentifica- tions set forth in Sec. 3 (6) of Article 4590e of those practitioners licensed by the Texas State Board of Chiropody Examiners. Yours very truly, WILL WILSON Attorney General of Texas By Pat Bailey PB:lgh:ds Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Charles R. Lind Elmer McVey Joseph Trlmble Leon Pesek REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.