16 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN GROVER SELLERS *nORNnGENEy‘ Honorable George 11. Cox ~.* State IIeiealth Officer Texas State Donrd of Health Austin 2, Texas _ Dear .Slr; opinion NO. o-7204 and authority .April 3,, 1946, which reads a “I enclose the Te State law on Texas Health reference to Lsaiction and ion of kitchens ce to patients f the Director of the Fooa Bosra of Health were ;uestea in title 4465A, V.A.C.S. 466, Vernon’s Civil Statutes, sets out the tor and among other things Set t ion 3 pro- for sale, or offered Sor sale 1.n this State, ana for such purposes he my ontcr, any creamery, factory, store’, salesro3m, drug store or. lnbor- story or place where he has reason to belLeve . a.: ,:. ,. iw Honorable George W. Cox - Page 2 r . 'foods or drugs are made, prepared, soid or offered. for sale or exchange, and open any cask, tub,- jar, bottle. or package containing or supposed to c.ontain any article of f00a or drug and examlne or cause to be examined the contents thereof, and he shall take samples therefrom ana make analysis thereof. When making such inspection he shall seal and mark such sample and tender to the vendor or person havrng custody of same the value thereof, and a : vritten statement stating the reason for taking such sample.” The’lnspeoting officer is further protected by Article 716, Vernon’s Annotated .Penal Code, in the following language: “MO person shall vill.fullg hinder or obstruct the director of the food and drug division of thee.‘. State Board of Health, or his Inspector or other :’ person duly .authorized by him in the exercise of the pcwers conferred upon him by, the laws of this State.” : : The &onaaras of qualification of sanitary employees and the. sterilization oft dishes for public eating and sleeping places are set .forth in Section 1 of Article 705c, and Section 2 of particle 7.001, of Vernon’s Annotated Penal Code, .which read. respectively as follows: : : i : “No person, firm,’ corporation, common carrier. or associat.ion operating, managlng, or conducting any hotel or any other public sleeping or eating ’ .place,’ or any place or vshiclc where food or drink or contsjnors therefor, of any kind, is munufactur- ea, transferred, prepared, stored, packea, served, sold, ‘or otherwise handled in this State, or any manufacturer or vendor of candies or manufactured -’ sweets, shall work; employ, or keep in ~their employ, : . In, on, or about’ any said place or vehicle, or have delivered any article therefrom, any person infected vith any transmissible condition or ally infedtious or contagious diseases, or work,. or employ any person to work in, on, or about said place, or to deliver any article therefrom, Vhoj at the time of his or her enploymsnt, failed to deliver to the employer or his agent, a certificate signed by a legally lfcensea. phy$ician, resfding in the county Honorable Georg0 V.~Cox, Prae 3 vhere said person is to be employed, or is employed, attestin tho fact that the beorcr had been actually ana.thorou@ly ex&ned by ‘such physician vlth%n a veek prLor to the time of such employment, and tbat such exsrzination disclosed the fact that such person to bo employed vas f&o from any trans- missible condition of any Infectious or contag2oun diaeaoo; ol? feil to illatitute alla have lmljo, at lntemrals oi’ t:me not cxceedii?g SIX mnt?xs, actual and thorough examlnat’;lons, essential to~thc find- iugs of freedom from ca+~unlc~bls and lnfeceious diseases, of aI13 such CmpZLoyeos,by a legally l.lk.onsed phys%dian resj-ding In the county vhero said person is employed, and secure in evl&nco the$eof a cert~fioato signed by au& physician ‘stating that such oxa~inatlons had beon made of snch.pascrson, dincloclag the fact that he or she wag fre&Yrom .&y’traxxmias~b.ble oondition of any communicable .. ana infectious a ; y.~ diseases.” ., ,-_ _. “SO‘C’?2i Stez9lizatlon of Diahos, Recopta- . ``“cJles;~or UtensEldi - IT0 poraon, Lirm, corpox3tion, 02 nssoclation operating, mn2qLng, or conduct- ing ens hotel; cafe restaurant, dining car, drug store, soda vater fountain, meat market, bakery, -orconfeotionery, ILquor dispensary or any otiier e~steblislment >fizere food or drin?~ of any kind.is served or pmmlt~ed to be served to the public, shall furn3.rb~to any person any dlah, receptacle . .*. or utensil used in eating, d2inklr11, 02 oonvey- ing food if suoh dish, xeceptaolo, or utens%l has not been vashed after c&oh service until cl&n to the si.@nt end touch in v&i \la2or contcinfag soap or alk&lf &~anser~ hfter cloalns, aCLL1,’ ._ glades, dishes, silvcrvaro, end other roceptccles ._- and utonolls ahaX bo placed In wfro cog00 ond ‘. :~ immersed in-n still bath of cloer vatcr hoc&d .to a minimxa tcmpwctwc.of 170° F. for at least F tlwee nlnutes or tvo minutes at U?O” F. Upon r``moval.fro`` 41``3hot vzter, ax1 &la3303, dishes, .. sllyxwa~e, ml. other rocoptaclon aa utmmils &iLl be sto~od in 8ud1 c rmmer as not to becok contaminc;ted. bOVia0a thd the State BOWa Of HwiLtli nay a&vovO othcs equally effective m&hod3 . . .; .I ?: 19 Honorable George W. Cox, Page 4 of 'treatment by steam or hot water that m&et with ‘. the minimun~requirements for the safety of the public health, as prescribed by the State Do&d of Health, that~ are not inconsistent vith. this Act. When paper receptacles, ice cream cones,, or other single service utensils are used for serving food or drinks, they must be 2:ept in a sanitary manneri protected from dust, flies, and other contamina- tions. ’ : The above statutes set out the authority and dutles .‘of the State Realth Officer In public eating and sleep1 places . In pnssing, your attention is directed to Art. 2 477-1, V.A.C.S., which sets out the mlnFmumstandards OS sanitation and health protection. The question now is whether a hospital is such an institution as to come within that classification. 13 Ruling Case Lav, page 938, defines a ,hospital in the Sol1bwi.1~ language: “In Its’uidest sense a. hospital ls~a place apprcpriated to the reception of tersons sick or infirm in body or mind . . . . “The term ‘hospital’ is often used synchro- aonsly if not synonymously with ‘asylum uhich 1.8 defined to be an institution Sor ‘receiving, maintaining and, as far as possLble,, amellorat-, ing the condition of persons suffering from bodily deSects, mental maladLes, or other mS.s- fortunes, as en orphan asylum, asylum for the blind, or asylum for the insane, and etc.” ; (Underscor$ng ours) People v. Hutchings, 114.H. E. 444: “Decent and respectful treatment implied in the contract between a private hospital. and a .paticnt . ” Smith v. Duke University,’ 14 9.X. (2d) 643: “Ordinarily, Q hospital undertakes only to furnish room, food, facLlities for operation, and nttend- ante, and Yts not liabl8 for injuries resulting from the negllgmcc OS a. physician . , . .’ The services rondered by EIhospital.arc set out in Southern Surety v. Dealrd, 235 S. \J. 240, by the El PQSO Court of Civil Appdals, in vhich writ of errs was dismissed by the Supreme Court , In the ,followlng lau~unge : . - . . . ‘NonorablQ :$eorge tf. Cox, P-e 5, “The articles on hospitals vo have oxaminod do not specify the sorvlcos o?dinmily rqndered by hospitals. WQcan hovover QmSZne tho inqon- venicnco snd utter lack of vhat would bo ex*titod of a hospital service that did not fwnish corn oaxa, txAl.s, heat &on ncsded, and aHAfici&l. l;f&ht to a totally disabled anployeoi" The tibovc cam was folloved in tho case of Comon Casualty Insurance Co. v. Hilton, 55 S. M. (2d) 1271 .:~ “The c.sr8, neaJ.s, mdicdl atteellCion, c&c., furnished to.a dicablod ec~ployoe comenserato with hPs mods omz~included in hospital services * l 2” 1% is, therefore, ow op'lnlon that under:the above quoted statutes, *he State Eoclth OSffcor has the power to .‘inspeal .kitchena and food prapwation and PO& ~ervloe to patients in public or private hospltala, . ivory truly youra . - Al’TOR3BY i3TNWL HOP ‘IBXAs ‘, W. P. Watts Assistant