Untitled Texas Attorney General Opinion ( 1952 )

July29, 19s2 -,
Hon. Henry Schlichtlng, Jr., N.D., Secretary
Texas State Board of Naturopathic Examiners
2201 West Texas Avenue
Midland, Texas Opinion No. V-1486
Re: Authority of the Texas
State Board of Naturo-
pathic Examiners to limit
the period of time within
which applications for
licenses under the "grand-
father clause" wi\llbe
Dear Sir: accepted.
'.\
Your request for an opinion of this office '1.
relates to Section 12 of Article 4590d,,V.C.S. (the \
Naturopathic Act of Texas). You are particularly de- 'j,
sirous of determining If the State Board of Naturo-
pathic Examiners has authority, by motion, to limit
the time In which an applicant could-apply for license
under Section 12 of that act. You make further inquiry
whether the Board has authority to reject applications
subsequent to the claslng date set by the Board.
Section 12 of Article 4590d, V.C.S.,'which IS
commonly referred to as the ~"grandfatherclause' of the
Naturopathic Act, is as follows:
'Any naturopathic physician who has
been practicing naturopathy in this State
for three (3) years next preceding the pas-
sage of this Act and when membership was
not fraudulently obtained, shall be grant-
ed a license under the provisions of this
Act, provided however, that any naturopathic
physician having resided In Texas three (3)
years and having practiced naturopathy for
one (1) year in Texas next preceding the pas-
sage of this Act will not be required to
have a certificate of proficiency Prom the
Minimum StandardsBoard as a prerequisite
for obtaining such naturopathic license;
naturopathic physicians in practice In this
Hon. Henry Schlichting, Jr., page 2 (v-1486)
State for more than one (1) year, but less
than three (3) years, shall be examined in
theory, philosophy, pathology, practice,
symptomatology, and diagnosis, peculiar to
naturopathy; all naturopathic physicians
who have been in practice in this State for
less than one (1) year shall be required to
take examinations as provided In Section 8
hereof."
An examination of the above statute reflects
that a practicing naturopath meeting the prerequisites
would be granted a license under the "grandfather clause."
This Is a privilege given by statute,~and there is no
limitation as to the time element relating to the is-
suance of the same.
Since there is no limitation as to the time
in which an applicant may apply for license under the
"grandfather clause" of the Naturopathic Act, and since
the Board Is not authorized to adopt rules inconsistent
with the statutory requirement, Margolin v. State, 151
Tex.,Crim. 132, 205 S.W.2d 775 (1947); Williams v. State,
146 Tex. Crlm. 430, 176 S.W.2d 177 (1943) It is our
opinion that an applicant is entitled to i license under
the "grandfather clause" at any time he sees Pit to
qualify. This oplnlon,.however, is predicated upon the
assumption that the applicant meets all the prerequisites
contained in Section 12. We assume that compliance with
Section 5 will limit the number of applicants for licenses
under Sectio,n12, since.~thosepersons without licenses
may not practice in Texas.
.
SUMMARY
The Legislature has not authorized the
State,Board of Naturopathic Examiners to
limit the time In which an applicant may apply
for a license under Sec. 12, Art. 4590d, V.C.S.
(the "grandfather clause").
Yours very truly,
APPROVED: PRICE DANIEL
Attorney General
J. C. Davis, Jr.
County Affairs Division
E. Jacobson BY
Reviewinn Assistant
Assistant -
Charles D. Mathews
First Assistant