Case Information
*1 Honorable R. L. Wilson, President Opinion No. O-4714 Re: Traveling expense to meeting Texas State Board of Pharmacy Huntsville, Texas of Boards of Pharmacy of the several
States.
Dear Sir:
Your letter of recent date requests the opinion of this Depart- ment on the question whether a member of your Board may attend a meeting of the Boards of Pharmacy of the several States at Denver and have his expenses paid by the State of Texas out of the funds collected by your Board.
Vernon's Revised Civil Statutes, Article 4542a, creates and prescribes the powers, duties and privileges of the State Board of Phar- macy. Section 3 of that act provides in part as follows: ".....in addi- tion to said per diem each member shall receive expenses incurred while actually engaged in the performance of the duties of the Board." -- --- --
Neither of your letters gives us sufficient information regard- ing the business to be transacted at the meeting of the State Boards in Denver to enable us to determine whether, in making such trip, your Board member will be "actually engaged in the performance of the duties of the Board." The duties of your Board are defined by the statute; your Board has no other powers or duties in addition to those expressly pre- scribed by law; save those incidental powers necessarily implied in order that your Board may discharge its e-xpress duties. The powers and duties of your Board do not extend to the promotion a~nd protection of the public health generally; your authority concerns the public health only in the respect that you are charged with the duty of fixing the standards for registration of pharmacists and with the duty of seeing that all laws pertaining to pharmacy are enforced.
In the absence of more detailed information, we can give you only a general answer to your question:
If the business to be transacted at the Denver meeting is such that attendance upon that meeting is reasonably necessary to enable your Board efficiently to discharge its statutory duties, the traveling expenses *2 Honorable R. L. Wilson, page 2 (O-4714)
of a Board member incurred in attendsme t!;art.:ov rtiy ~b,e paid undm tk provision of the statute above quoted; otherwise they gay not be paid.
Yours very truly By /s/ R. W. Fairchild Richard W. Fairchild Assistant RWF:nw:ln
APPROVED JUL 31, 1#2
/s/ Gera1a c. l.kim
Al'i'ORNEY GENERAL OF YEXAS
APPROVED
OPINION
COMMlTl'EE
RY /*I TM3
CHAIRMAN