Untitled Texas Attorney General Opinion ( 1941 )

Texas State Board of Pharmacy Gunter Hotel San Antonio, Texas Gentlemen: ATTRRTIOR: W. Ii. Coualns Opinion Ro. O-3109 Re: Whether Pharmacy'Board may confiscate certificate from foreign state oftpharmacist not registered In Texas. This will acknowledge receipt of your letter of January 30, 1941, requesting the opinion of this department upon the following matter: "Does the Texas State Board of Pharmacy have the power or right to confiscate any certi- ficate held by a person not registered as a pharmacist'ln Texas, but who is registered by some other state, and who is using his certlfi- cate issued by that state to practice pharmacy In Texas, displaying and exhibiting same as a subterfuge to the public?" We have carefully examined the provisions of Chapter 8 of Title 71 of the Revised Civil Statutes relating to the practice of pharmacy In this State and the powers and duties of the State Board of Pharmacy; yet, we have been unable to dis- cover that the Legislature has authorized the Board or Its agents to confiscate a certificate to practice pharmacy issued by a foreign state and used by a pharmacist in Texas as a sub- terfuge to practice pharmacy In this State without registration. Of course, as we pointed out in Opinion No. O-2321, if a pharmacist registered in another state practices in this state without license from the State Board of Pharmacy, or does not operate under the direct supervision of one so registered, he will be committing a misdemeanor in violation of Article 758a of Vernon's Annotated Penal Code. Texas State Board of Pharmacy, Page 2 However, It is the opinion of this Department and you are advised that the State Board of Pharmacy has no power or authority to confiscate a certificate to practice pharmacy Issued by another state used as a subterfuge by a pharmacist to practice in this State without registration. Yours very truly, By a/ James D. Smullen James D. Smullen Assistant JDS:JS:hep APPROVED FEB 4, 1941 Gerald C. Mann ATTORNEY GENERAL OF TEXAS APPROVED OPINION COMMITTEE BY BWB CHAIRMAN