Untitled Texas Attorney General Opinion ( 1982 )

The Attorney General of Texas
February 1, 1982
MARK WHITE
Attorney General
I
Supreme Gwri Building J. C. Littrell. DPM Opinion No. MW-435
P. 0. BOX 1254S Texas State Board of Podiatry
Austin, TX. 78711 Examiners He: Whether podiatrist may
512,475.2501 administer nitrous oxide to
P. 0. Box 3041
Telex SlOB74-1367
Telecopier 5121475-0266
Waco, Texas 76707 patients
Dear Dr. Littrell:
1607 MainSt., Suite
1400
Dallas. TX. 75201
You have inquired as to whether a licensed podiatrist away
214l7428944
administer nitrous oxide to patients in connection with his practice.
Nitrous oxide. also known as "laughing gas," is used as an anesthetic.
4824 Alberta Ave.. Suite 160
El Paso. TX. 79905 Articles 4567c and 4573. V.T.C.S.. address this issue. As
9151533-3484 originally enacted, the predecessor of article 4567c read as follows:
1220 Dallas Ave., sull.3 202 No chiropodist shall amputate the human foot or
Houston, TX. 77002 toe or toes or use any anesthetic other than
71316500866 local.
SC6 Broadway. Suite 312j’
Acts 1923,.38th Leg., ch. 169;. 52, at 357. This article was amended
Lubbock, TX. 79401 in 1951 to delete the words "or use any anesthetic other than local."
SOw47-5238 Acts 1951, 52nd Leg., ;ch. .132, at 224. It appears that by this
amendment the legislature intended to allow podiatrists to use general
anesthetics. See V.T.C.S. art. 4567a;(changing word "chiropodist" to
4309 N. Tenth. Suite 6
McAllen. TX. 78501
"podiatrist" inlicensing act). This conclusion is bolstered by the
512lSa2-4547 legislature's amendment of article 4573, V.T.C.S., in 1971. Prior to
1971, article 4573 read as follows:
200 Main Plaza. suite 400
The board may; after due hearing, refuse to grant
San Antonio. TX. 7S205
51212254191
or renew and may revoke any license issued under
the provisions of this law to a person, otherwise
qualified,... who may be convicted of amputating
An Equal dpportunityl the human 'f&t or toe or of using an anesthetic
Affirmative ACtIon Employer
other than local...,
V.T.C.S. art. 4573 (1925). The 1971 amendment deleted the words "or
of using an anesthetic other than local" frondthis statute. Based on
these amendments, we conclude that a licensed podiatrist may
administer nitrous oxide to patients Ln connectton with his practice.
However, persons who administer anesthetics such as nitrous oxide are
subject to liability for injuries caused a patient by their negligent
p. 1,436
Mri J. C. Littrell - Page 2 (MWi435)
administration thereof. See generally Webb v. Jams. 488 S.W.2d 407
(Tex. 1972).
SUMMARY,
A~'licensedpodiatrist may administer nitrous
oxide to patients in connection with his practice.
JOUN W. FAINTER.~SR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared.by Roxanne Caperton &
Sus& L. Garrison -
Assistant Attorneys General.
APPROVED:
OPINION COMMIYTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Jim Moellinger $,,I;
p. 1497