Untitled Texas Attorney General Opinion ( 1944 )

&. T.J. Crowe, Becretary Texrr &ate Board of Medical Exemlners 918 %XBB Bank Building Dall~r 2, Texar Dear sir: Oplnlon No. O-6292 Ret Authority OS Boardto lasue new or amended license certltla~te, and related questiona. We quote from your request for advice 06 followsr “The following statement of facts, as re- flected by the rea6onB of this office, Is given for your Mormatlon ln arriving at our request for an opinfon: “On June 16, 1934, Dr. Merrill SImpron Bart- le$t filed an application for examlnatlon with thin Board, The application contained the required lnior- matlon, showing tl?Jt he had graduated from high Bchool, had received an A,B. Wgree and 8 B. So. de- gree, and on Uay 31, 1934, had received the D.O. degree from the KlrkBvIlle College of OBteop8thy and Surgery, which college 1s recognized by this Board aa meeting the requirements ofa ‘reputable medlcal 8chool.l He InIcoeBB~lly peased the examlnatlon and war granted license aertli’lcate No. B-3535 on July 31, 1934, Thla llcenme aertlflcate had lettered thereon the ‘D.0.’ degreeafter Dr. Bartlett’s n&me. “On November 13, 1944, Dr. Herr111 Slmpron Bartlett filed an application for examination with this Board certlfylng that he had attended the Unlver- elty of Oklahoma School for two terms, 1940-42, and the Unlverslt of Tennessee School of Medicine for two 4i graduating from the UnlverBlty of ~~~~~B~%ho~l of Medicine on June 12 1344 Both univeraltfes meet the requirements of e'*repu~eble medical school.' Dr. Bartlett deslree another license certltloate that will give him the 'M.D.' degree after his name inBtead of the’D.0,’ degree, and 4183 to have hla records with this Board to show that he ir a licensed Doctor of Medicine and entitled to the prlvl- legea and courteales extended licensed doctors of medlclne. Dr. T.J. Crowe,page 2 0-62gr, *At the November Neeting 0r the Board all 8 lttendma ederlzedto give memb er In R. Bertiett a new 1lcenBe aertiflcBte without showing that he la e Doctor of Of the &Brd thou&t Dr. Bartlett rhould be m~~lred to be n-examined ln the mqulred twelve aubjeatr, if the Bo6rd had legal authority to grant him a new llceneeoertlflcate, or l dupllaate oertlfloate. “The Texa8 State Board of Xedleal Rxamlnera, under oertalnconditions re-1aBuer a lloenae certl- floate referred to aa a (duplicate’ which in reality IB not a duplicate of the original iloenae aertiilcate In that it I8 given a new number,new date, and the dgnatuma of the members of the Board granting the new or *duplicBte~ certlficmte, lnatead 0r those on the original. “The applicant for a ‘duplicate’ llaezme certlflcate must iWnlah lnformatlon to this Board, under oath, such as medleal uohool, dates, number of old certificate, etc. If certificate is 1oBt (as by fire), a oertlfled copy from the DIBtrIct Clerk’8 Offloe must be furnlahed thla office. In the ease of a ohange of name a certified oopy of the orderof court grantin& tie ohange of name, or If a woman phyalalm ohanges name, a oertlfled copy c+ the marrf- age certificate mU8t be filed in this OffICe. When the new llamae certlfloate IO granted (and It Is re- ferred to on our reawds am a *dupllcaCe~), it ahow on the face Of the certlflcate that It war granted upon ~wrltten exemlnatlon (Qlv Issued on e?&~~~i~~~~l~;l certlflate ir granted on a 0 certlfloate an&etbe rent to thia OfflaO 60 be dertzoyed prior to the sendingout of the neu or ~dupllaate~aer- tlflcate, All district Cle~ka ln the oountlea in whloh V the origlxtal oertlflcate w&w recordedere notlfledto cancel the recording of the original certificate. “The Brmrd ts requesting your opinion on the followingquestions; “1. Does the Texas State &mrd of Medical Examiners have authority to grant a new llcenrre certl- flcate, or 8dupllcate’ 88 referred to above baaed on the above statement of facto, omitting the ‘D.0.’ de- gree and placing thereon the ‘M.D.’ degree7 “2, Does the Texas State Doerd of Medical Rarr,Inershave authority to grant a new license cer-- tlflcate, based on the above statement of facta, omfttlng the ‘0.0.’ degree and placing thereon the ‘M.D.’ degree, and also omitting from the certlflcste the parenthetical insertion ‘given ln lleu of License NO. lamed on (date) , ( but carried an our records ae e ldupllcatej’* . - or. T.J. Crowe, Pfue 3 o-6292 “If question No. 1 la anawered lq the afflrm- ltlve the follwlng questionrued8 no answer. “W. Merrill Slmpaon Bartlett, above referred to ln the atatement 0s facts, paaaed a written examlna- tlon before the Tenneeeee State BoaM of Uedloal &amlners and wa6 granted a lloelue aertIfloate by that Board baaed upon hla graduation Frau medical aohool. Fuss realprocates with the State of Tenneaaee. ‘3. Since P. Bartlett ham a ldoenee certiil- cate to praotlae and surgery In the State 0s medicine Texa6, and can meet 011 quallfloationa required for re- clproisity, may this Board grant him a lICeMe by MOIprM!Ity with Tenneaeee thue giving him two license aertlflcatea ln the State 0s baxart” It eeenw clear from a caretul examInatlon of Articles 4495 to 4512 and particularly Article 4591 deallng with appllcantta to practice medicine ln thle State thnt a person hevlng once successfully passed the examination on all the prescribed aubjecta should not be required to take another or aubaequent examlnatlon upon the aeme aubJect8, after quallfylng to practloe another aahool or ayatem of medicine. Thle statute does not even suggest that a second UamInatlon ahould be required, This Is made entirely clear by Article 4fjo3 which requires that 611 applicanta, irrespective of the school or system to which they belong, shall be examinedby Identical quoations. Both Articles 4501 and 4503 authorize the Boerd to adopt appropriate rulea on proaedure to tory on It8 duties under the Act. We believe the Board la authorized under the faata stated either (1) to grant a new N.D. llaenae,or, (2) having granted t new llcenae, mey omit mm the llcenffeez apeclal wording such 68 glVt?n ln lieu OS Licenae No. The wordlng on auah licenses1s not fixed by atatute bki$ uea&, auetom or by rule or regulation of the Board conalstent with the Act. Any wording that IB approved by the Board, not Inconsistent with the Act, may be used In the license. H~vlng answered your questiona 1 and 2 affinaotlvely, your qua&Ion 3 does not require an answer, Very truly your8 A!M!OFGZY GRZKRAL OF ‘EXAS Fiy e/ albert Hooper Elbert Hooper Eitdbtwc Assistant APPRuvEDlUC5 1944 B/QRovKR25l3LLA Al”lWNEYGI3XEIULOF TEXAS Approved Opinion CorPnlttoe by S/BwB Cfiam