Untitled Texas Attorney General Opinion ( 1950 )

.A
%?RE A’ITORNICY GENERAL.
OF -IrExAs
PRICE DANIEL
*TmIlNEY OENERAL
Maroh 30, 1950
Eon. Dorman Nickels Oplnlon Ro. V-1024.
County Attorney
Wharton county Re: The authority of the
Wharton, Texas Board of Managera of
a county hospital to
appoint an oateogath
to Ita staff of viait-
Dear Hr. Rlckela: ing physicians.’
Your request for an opinion la as follows:
“RIghtIngaleHoepltal Is a county Inetl-
tutlonowned and operated by Wharton County
at El Campo, Texas. Thle hospital hae been
entabllshed and la operating nuder Title 71,
Chap. 5, R.C.S. of Texas. Said htispltalIs
managed by a Board of Managers appointed un-
der authority of Art. 4479, R.C.S. of .Texae
and 8ald Board dealres to appoint a staff of
rlrltlrrgphymlclans as Is provided for In Art.
4480, R.C.S. of lexar.,
“QUESTIOI
“Is an ‘osteopathta ‘phyaleI*n’ouch aa
will entitle him to serve ou the staff of.vIu-
itlog phyrrlclansappolnted by the Board of .
Managersofor a county hospital?”
, provide8 In part 81)fol-
ArtIole 4480, V.C.S..
lows:
‘”
The board of managera shall elect from
among lto membere a president, and one or more
vloe-prealdentsand a aecretan,~a+ a treasur-
. It ahall appoint a superintendentof the
&pita1 who shall hold office at %he pleasure
of said board. Said superintendentahall not
be a member of the board, and shall be a qual-
IJXui practloner of medicine, or be apeclal-
ly traiaed’for work of suah character.
“The board shall also appoint a staff of
.-
Hon. Dorman Rlckels, Page 2 (V-1024)
visiting physicians who shall serve without
pay from the county, and who shall visit and
treat hospital patients at the request either
of the managers or of the superintendent."
The authority for the Board of Managers of the
County Hospital to appoint an osteopath to the staff of
vIsItlng physicians requires an interpretationof that
portion of Article 4480 which states that the Board shall
appoint a staff of visiting physicians and whether an os-
teopath Is a physician.
Article 4510, V.C.S., provides:
"Any per&on shall be regarded as practic-
ing medicine within the meaning of this law:
"(1) who shall publicly profess to be a
physician or surgeon and shall treat, or of-
fer to treat, any disease or disorder, mental
or physical, or any physical deformity or In-
jury, by any system,ormethod, or to effect:
cures thereof; (2) or who shall treat or offer
to treat any disease or disorder, mental or
physical or any physical deformity or Injury
by any system or method and to effect cures
thereof and charge therefor directly or Indl-
rectly, money or other compensation;provided,
however, that the provisions of this Article
shall be construedwith and In view of Artl-
cle 740, Penal Code of Texas, and Article 4504,
Revised Civil Statutes of Texas as contained
In this Act.”
Ro. O-1298, dated
Septem that the practioe
held to be within the
See Rewman v. State,
1910); Rasman v. City of Gal-
Collins v. State of Texas.
Collins, 57 Tex.Crlm. 2,
Article 4511, V.C.S., provides:
"The terms, XphysIclan,land 'surgeon,'
as used In this law, .&all be construed as
synonymous,and the terms, 'practitioners,'
lpractltIonersof medicine,' and, 'practice
Hon. Dorman lickeels,Page 3 (V-1024)
of medicine,' as used In this law, shall be
construed to refer to and Include physlolans
and surgeons."
v. State 116 Tex.CrIm. 392, 32 S.W.2d
460,(lg30);nhi:
"The definition of lphysIclanlas 'one
authorleed to prescribe remedies for and
treat diseases, a doctor of medicine,' Is ap-
proved In Prowltt v. Denver, 11 Cola. App.
70, 52 P. 286, and Caetner v. Sllker, 33 H.J.
Law 507, In which latter case appears the
statement that a physician In common parlance
Is one skilled In both medicine and surgery.
In Harrison v. State, 10s Ala; 170, 15 So.
563, the word 'physician'Is defined as one
who has received a degree of M.D.; ,one who
lawfully praotlces medicine; one who professes
oy practices medlolne for the healing art."
Inasmuch as an osteopath is a physician and Is
a practI.tIonerof medicine within the meaning of the above
statutes as construed by the courts, we agree Vlth your
conclusion that an osteopath may In the discretion of the
Board of Managers be appointed to the staff of vIsItIng
physIcIana. The language "appoint a staff of vlaItlng
physicians" Is not definite, but It Is our opinion that
the appointment of an osteopath would come within the
meaning of the language used in the statute. Since It,18
within the discretion of the Board as to whom will be ap-
pointed, It necessarily follows that It would be dlscre-
tlonary as to whether an osteopath Is appointed to the
stsff of vIsItIng physicians.
SUMMARY
An osteopath Is a practitionerof medl-
clne within the meaning of the law (Articles
4510 and 4511, V.C.S.) and Is eligible for
appointment to the staff of vIaItIng physl-
clans appointed by a Board of Managers for
a county hospital. All appointmentsto the
IIon. D&sum Alakels,Page 4 (V+1024)
staff of vlsItIugph~slclan~rest within
the discretionof the Board oi Nan&gem.
YOUYS very truly,
PRICEDAHIEL
APPROVED: AttorneyGeneral
J. C. Davis, Jr.
countyAffairsDlvlslon
,wzu
CharleaD. Mathewn BuruellWaldrep
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