Untitled Texas Attorney General Opinion ( 1991 )

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May 2,199l
Robert Bernstein, M.D., F.A.C.P. Opinion No. DM-21
Commissioner of Health
Texas Department of Health Re: Scope of the term “physician” for
1100 West 49th Street purposes of the article 45124 V.T.C.S.,
Austin, Texas 78756-3199 which provides for licensing of athletic
trainers (RQ-12)
Dear Dr. Bernstein:
You ask about article 4512d, V.T.C.S.. which provides for the licensing of
athletic trainers. Specifically, you ask about the scope of the term “physician” in
section 1( 1) of article 4512d:
‘Athletic Trainer’ means a person with specific qualifica-
tions, as set forth in Section 9 of this Act, who, upon the advice
and consent of his team p/rysiciM carries out the practice of
prevention and/or physical rehabilitation of injuries incurred by
athletes. To carry out these functions the Athletic trainer is
authorized to use physical modalitiessuch as heat, light, sound,
cold, electricity, or mechanical devices related to rehabilitation
and treatment. (Emphasis added.)
Your question is whether “physician”in that section includes dentists, chiropractors,
podiatrists, and optometrists. We conclude that the term “physician”in section 1(1)
of article 4512d was intended to refer only to persons licensed by the Board of
Medical Examiners.
Tbe term “physician” is not defined in article 4512d. However, the term is
used in another section of the statute, along with references to a number of other
health-care practitioners:
The provisions of this act do not apply to physicians licensed
by the Texm State Board of Medical Emminers; to dentists, duly
qualified and registered under the laws of this state, who confine
p. 97
Dr. Robert Bernstein - Page 2 (DM-21)
their practice strictly to dentistry; nor to licensed optometrists,
who confine their practice strictly to optometry as defined by
statute; nor to occupational therapists, who confine their
practice to occupational therapy; nor to nurses who practice
nming only; nor to duly licensed chiropodists or podiatrist who
confine their practice strictly to chiropody or podiatry as defined
by statute; nor to physical therapists who confine their practice
to physical therapy; nor to masseurs or masseuses in their
particular sphere of labor; nor to commissioned or contract
physicians or physical therapists or physical therapists assistants
in the United StatesArmy, Navy, Air Force, Public Health and
Marine Health Service.
V.T.C.S. art. 4512d. 5 l(4) (emphasis added).
The term “physician”is used in the first sentence of section l(4) to describe
health-care practitioners licensed by the Board of Medical Examiners. The same
sentence lists separately a number of other health-care practitioners, including
dentists, podiatrists, and optometrists. See generalry V.T.C.S. art. 4495b (establishing
Board of Medical Examiners); c$ Attorney General Opinion JM-1279 (1990)
(regarding use of title “chiropractic physician”).
When a word or phrase is used in different parts of a statute, a clear meaning
appearing in one instance will be attached to the same word or phrase used
elsewhere. Borizck v. Boriack, 541 S.W.2d 237, 240 (Tex. Civ. App.--Corpus Christi
1976, writ dism’d). By setting out separately a long list of various health-care
practitioners, section l(4) sets apart physicians from other categories of health-care
practitioners. Section l(4) specifically refers to “physicians” as those practitioners
who are licensed by the State Board of Medical Examiners. Applying the principle
of statutory construction set forth in Boriack, we therefore conclude that the term
“physician” as used in section l(1) only refers to practitioners licensed by the State
Board of Medical Examiners, not to other health-care practitioners who are not so
licensed.
p. 98
Dr. Robert Bernstein - Page 3 (DM-21)
SUMMARY
The term “physician” in section l(1) of article 4512d,
V.T.C.S., refers to persons licensed by the State Board of
Medical Examiners under article 4495b, V.T.C.S.
DAN MORALES
Attorney General of Texas
WILL PRYOR
First Assistant Attorney General
MARYKELLER
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY (Ret.)
Special Assistant Attorney General
RENEAHICKS
Special Assistant Attorney General
MADELEINE B. JOHNSON
Chair, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General
p. 99