Untitled Texas Attorney General Opinion ( 1945 )

THEA~ORNEY GENERAL OFTEXAS AUSTIN 1,. Texas GROVER SELLERS -ON Texas Board of Pharmacy 911 Southland Life Annex Building Dallas, Texas Attention: Walter Cousins, Jr., Secretary Opinion No. O-6937 Re: Construction of Sec., 9, Art. 4542a, V.A.C.S., concerning licensing of pharmacists through reciprocity Dear Sir: Your recent request for an opinion ha3 been received. We quote same as follows: "It is the desire of this Board to obtain Interpre- tatlon of Section Nine, Article 45&2a, Civil Revised Statute3 of Texas having to do with the licensing of pharmacists through reciprocity from another state. "Under this section it is indicated that this Board may issue license to persons from other states under certain condlt1ons one of which Is 'that such other Board in its examLnation required the same general degree of fitness required by this state.' We have an application from a gentleman reglstered in another state In 1911 by examination, In which he made one grade of 48% and a general average of 60% entitllng him to a license as an assistant pharmacist. In 1914 full reglstratlon as a pharma- cist was given this man without further examination. By resolution of this Board at Its meeting on Sep- tember 17, 1907 requirements for satisfactory pass- ing of examinations included making a general aver- age of 75s with no grade lower then 60s. "It is the desire of this Board to know if in your opinion grades made by this man, while not measuring to the same requirement3 as Texas at that time, can be reciprocated under the above quoted provisions of the Texas law." Texas Board of Pharmacy - #2 o-6937 SeCtiOn 9 Of Article 4542a, Vernon's Annotated Civil Statutes of Texas, read3 as follows: 'Every person desiring to practice pharmacy in the State of Texas shall be required to pass the examination given by the State Board of Phar- macy. The applicant shall make application by presenting to the Secretary of the Board, on forms furnished by the Board, satisfactory Sworn evi- dence that-he has attained the age of twenty-one (21) years, is of good moral character; is a citizen of the United States, and has at least graduated from a first grade high school, or ha3 a preliminary education equivalent thereto, per- mitting matriculation in the University of Texas, and that he ha3 attended and graduated from a reputable university, school or college of phar- macy which meets with the requirements of the Board, and shall have had at least one (1) year of practLce1 experience in a retail pharmacy under the direct supervision of a registered pharmacist. A unlversitg, school or college of pharmacy Is reputable whose entrance requirement3 and course of instruction are as high as those adopted by recognized universities, school3 or colleges of pharmacy, and whose course of instruc- tion shall be the e uivalent of not less than four 8) months each, and approved (4) terms of eight 't by the Board. "The examination shall consist of written oral and/or practical tests in pharmacy, chemis- try, pharmaceutical jurisprudence, posology, toxicology, bacteriology, physiology and materia medica, and in such other subjects as may be re- gularly taught in all recognized universities, school3 and colleges of pharmacy. "Each applicant for license to practice pharmacy in Texas shall be given due notice of the time and place of examination. All examina- tions shall be conducted in writing and by such other means as the State Board of Pharmacy shall deem adequate to ascertain the qualifications of applications, and In such manner as shall be en- tirely fair and impartial to all Individuals in every recognized school of pharmacy. All appli- cants examined at the same time shall be given the game regular examinations, and each applicant suc- cessfully passing the examination and meeting all - . Texas Board of Pharmacy - #3 o-6937 requirements of the State - -Board of Pharmacy shall be registered by the Boara as possessing the qual- ifications required by this law, and shall receive from said Board a license to practice pharmacy in this state. Provided that the State Board.of Pharmacy may in its discretion, upon the payment of Twenty-five ($25.00) Dollars, grant a license to practice pharmacy to persons who furnish proof ,thatthey have been registered as such in some other state or territory, and that they are of good moral character, provided that such other Board in its examination required the same gener- al degree of fitness required by this state; and grants the same reciprocal privileges to phar-, macfsts of this state. As amended Acts 1943, 48th Leg., p* 710, ch. 395, Sec. 6." You are only fnterested in knowing whether "such other Board in Its examination required the same general degree of fitness required by this state." This is a question of fact that must be decided by the Texas State Board of Pharmacy. A mere comparison of the grade requirements-given by the boards of different states is not, in every case, a true measure of the general degree of fftness required. For example, such ex- aminations may have been graded on a different percentage basis, and a general average of 60% in the other state may have been the equivalent of a general average of 75% In this state o In view of the foregoing, it is our opinfon that if the Texas Board of Pharmacy finds that the Board of the other state required the same $eneral degree of fitness of the ap- plicant as required by thfs state in 1911, then the applicant may be issued a license to practice pharmacy in Texas. In determining the matter as to whether the applicant possessed the general degree of fitness required in Texas, 'Ltfs our opinion that the board could Zn its dfscretfon consider any and all pertinent facts relative to such qualification and vould not be confined in its determination to the matter of "grades" alone, Texas Board of Pharmacy - #4 o-6937 Very truly your3 ATTORNEY GENERAL OF TEXAS By s/R. L, Lattlmore; Jr. R. L. Lattimore, Jr. Assistant By s/J. C. Davis, Jr. J. C. Davis, Jr. Assistant RLL-JCD-gb-wc APPROVED DEC 4, 1945 s/Grover Seller3 ATTORNEY GENERAL OF TEXAS Approved Opinion CommIttee By s/BWB Chairman